Download or read book Law and Politics on Export Restrictions written by Chien-Huei Wu and published by Cambridge University Press. This book was released on 2021-07-29 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: Delving into export restrictive measures this book links the key areas of WTO law, public international law, investment and competition law to expose how and why WTO rules on export dimension are insufficient due to export bias; how public international law helps to justify their adoption or maintenance; and how investment and competition laws contribute to their regulation. Built on works on accession protocols and national security exceptions, this book goes beyond international trade law and looks into international political economy, competition and investment law. It contributes to debates in conceptualising public and private forms of export restrictions, appreciating the complementary nature of trade and competition law in disciplining them; capturing the dynamic between trade and investment policies for their effectuation and circumvention; and bridging trade law and public international law to better understand their impositions for political and diplomatic purposes with the invocation of the national security justification.

Download or read book Law and Politics of West East Technology Transfer written by Hiroshi Oda and published by Martinus Nijhoff Publishers. This book was released on 1991-09-19 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is based on an international conference at the University of Tokyo on CoCom and its related export control system'. Despite the changes in the overall political climate, such as the new thinking' in Soviet foreign policy, it seems that CoCom will continue to function for some years. Although the scope of control has been narrowed, the control itself has been tightened. All the old problems which caused conflicts within and outside CoCom still exist. The United States is still exercising export controls in an extra-territorial way via its extensive re-export control system. The 1988 Omnibus Trade and Competitiveness Act remains unaltered, notwithstanding its controversial nature. This book is a major contribution to the discussion of current legal and political issues concerning export controls, a discussion which has gained greatly in importance as a result of the Gulf crisis.

Download or read book Export Restrictions on Critical Minerals and Metals written by Ilaria Espa and published by Cambridge University Press. This book was released on 2015-12-03 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines existing WTO disciplines on export restrictions in light of the proliferation of export restraints on critical minerals and metals.

Download or read book Export Control Law and Regulations Handbook written by Yann Aubin and published by Kluwer Law International B.V.. This book was released on 2016-05-15 with total page 746 pages. Available in PDF, EPUB and Kindle. Book excerpt: The importance of export control laws and regulations in international trade continues to grow, not only because of the increase in world trade and technology dispersion, but also due to concerns surrounding national and regional stability and the risk of terrorism. Accordingly, familiarity with export control laws and regulations around the world has become extremely important for those involved in the international trade of dual-use or military goods, technology, and services. In this preeminent handbook, now in its third edition, two experienced professionals have gathered contributions from expert practitioners and academics. The third edition adds three new country chapters (Brazil, Israel, and Sweden) and a new separate chapter on sanctions and embargoes. In addition to chapters on the international regime in general, the book provides a practical overview of the export/import control regimes covering defence and dual-use goods and services in fourteen key jurisdictions. Country reports each follow the same structure for easy comparison. Issues and topics covered include the following and much more: • import/export legal and regulatory requirements for controlled goods and services; • sanctions for breach of such requirements (civil, administrative, or criminal); • licence application processes; • arms, dual-use and other products embargo (including chemical and biological materials and technology); and • enforcement measures. The Handbook also makes available, through an online application, all important standard export control–related forms, templates, and other related documents, all of which readers can use to draft their own documents. The Handbook is invaluable to any professional (such as lawyers, compliance key players, procurement, logistics, finance and customs practitioners) working in relation to an organisation with a need to know the specific requirements to be followed for the efficient - and legally compliant - import or export of controlled military or dual-use goods, technologies or services.

Download or read book United States Export Controls written by John R. Liebman and published by Wolters Kluwer. This book was released on 2011-11-22 with total page 1175 pages. Available in PDF, EPUB and Kindle. Book excerpt: There should be no question in the mind of any exporter about the government'sintention to enforce applicable legislation and regulations. The penaltiesimposed by export laws and regulations are severe. Violations often lead toheavy fines and, in serious cases, to debarment from contracting with the U.S.Government, and possibly imprisonment. Additionally, the privilege ofexporting can be withdrawn from firms or individuals who have violated theregulations, either for specified periods or indefinitely. Ample resources aredevoted by the government to the detection and prosecution of violators. TheDepartments of Defense, Commerce, Homeland Security, Justice, and the severalintelligence agencies cooperate in this endeavor. Knowing and willfulviolations receive, of course, the heaviest sanctions, but unintentionalviolations are by no means exempt from penalties. Parties to an exporttransaction are expected to know and comply with the regulations.United States Export Controls, Sixth Edition provides areference to which exporters, and those who work closely with them, can referin their daily business operations in order to comply with the myriad exportrules and regulations. Thorough knowledge of the regulations is essential infinding practical solutions to export licensing problems related to specifictransactions, in formulating export marketing plans to minimize the impact ofcontrols, and in the organizing company resources to deal correctly andefficiently with both the legal requirements and the day-to-day operationaldemands of the export control regulations.

Download or read book Law and Policy written by Junlei Peng and published by Open Dissertation Press. This book was released on 2017-01-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation, "Law and Policy: PRC Export Restrictions Under the WTO Compared With US Export Controls" by Junlei, Peng, 彭俊磊, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. Abstract: Following China's accession to the WTO, a series of trade frictions and issues on non-automatic export licensing have been triggered between the PRC and the US. Moreover, the US has launched a global campaign against the PRC by means of US re-export controls towards the PRC and WTO cases concerning PRC export restrictions on various minerals as raw materials. In practice, it has become increasingly important to resolve such disputes and issues in a WTO forum. However, relevant studies still seem to be quite limited. This thesis undertakes comparative analyses as its cardinal methodology. The political economy of trade policy is applied as the basic analytical approach for policy analysis, while linguistic analysis and case study are used in the legal analysis. In addition, historical review, document study, participant observation and individual interviews are employed in both legal and policy study. As the central argument of this thesis, under WTO law the inadequacies of PRC export restrictions need improving in order to facilitate trade; while the excessive national discretion of US export controls needs constraining in order to liberalise trade - both in the direction of consistency with WTO law. This central argument indicates the final conclusions of the comparisons among PRC export restrictions, US export controls and the related WTO law. As concluded, PRC export restrictions are weaker than US export controls in transparency, rationality and neutrality in legal principle, the "both and separately" legislative mode, regulatory authorities, openness of regulatory procedures and regulatory criteria, complicated regulatory instruments, and the objectivity, impartiality and promptness of the administrative reconsideration and administrative litigation procedures. The PRC needs to improve these aspects of its weaknesses in trade facilitation in order to comply with the relevant WTO disciplines. Compared with the PRC, the US has much policy discretion in its coherence with WTO law because US export control policy seems to be less influenced by GATT/WTO; the domestic effect of the WTO law has been dramatically weakened by opposing domestic political voices in the US; and the regulatory reasons for US export controls seem only to be partly and conditionally justifiable under WTO security exceptions. In these aspects, the US is advised to constrain its excessive national discretion in order to be consistent with WTO law and to liberalise trade. As the central argument continues to claim, the aforesaid improvements in PRC export restrictions and US export controls may identify and correct the inconsistencies of both with WTO law, and provide solutions for Sino-US trade frictions and issues on non-automatic export licensing and for other issues and frictions in a US global campaign against the PRC in the WTO forum. This may contribute to the stabilisation of Sino-US trade relations and the world trading system. The relevant research gaps can also be filled, and a significant theoretical contribution to this research field can be made. DOI: 10.5353/th_b4852167 Subjects: Export controls - China Export controls - United States

Download or read book Export Restrictions and Export Controls written by Umair H. Ghori and published by Edward Elgar Publishing. This book was released on 2023-12-11 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: Representing a continuation of the debate on export restrictions and export controls, this adroitly-crafted book expertly navigates the complexities of international trade law. Under the aegis of global security, it features a number of diverse yet interconnected topics on export restrictions and export controls and highlights the multi-faceted trade, economic, and security challenges faced by developed and developing countries.

Download or read book Knowledge Regulation and National Security in Postwar America written by Mario Daniels and published by University of Chicago Press. This book was released on 2022-04-25 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first historical study of export control regulations as a tool for the sharing and withholding of knowledge. In this groundbreaking book, Mario Daniels and John Krige set out to show the enormous political relevance that export control regulations have had for American debates about national security, foreign policy, and trade policy since 1945. Indeed, they argue that from the 1940s to today the issue of how to control the transnational movement of information has been central to the thinking and actions of the guardians of the American national security state. The expansion of control over knowledge and know-how is apparent from the increasingly systematic inclusion of universities and research institutions into a system that in the 1950s and 1960s mainly targeted business activities. As this book vividly reveals, classification was not the only—and not even the most important—regulatory instrument that came into being in the postwar era.

Download or read book Trade Controls for Political Ends written by Andreas F. Lowenfeld and published by . This book was released on 1983 with total page 1578 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Export Controls written by Michael R. Czinkota and published by Greenwood. This book was released on 1984 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Fundamentals Of U S Foreign Trade Policy written by Stephen D Cohen and published by Westview Press. This book was released on 2003 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cohen, Blecker, and Whitney (professors of international relations and economics at American U.) see the formation of U.S. trade policy is seen as a combination of competing forces of political, economic, and legal factors. They attempt to show how trade policymaking involves reconciling a range of economic goal and political necessities. After reviewing the history of trade policymaking in the United States, they separately examine the three factors before integrating them into a model of political economy that explores both import and export policy. Annotation copyrighted by Book News, Inc., Portland, OR

Download or read book Distributive Justice and World Trade Law written by Oisin Suttle and published by Cambridge University Press. This book was released on 2018 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a novel theory of justice in international trade law, examining what justice means and demands in this domain.

Download or read book Pure Business Law Enforcement Or Sheer Politics written by and published by . This book was released on 2013 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Export Restraint and the New Protectionism written by Kent Albert Jones and published by . This book was released on 1994 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of an important recent device used to restrict international trade.

Download or read book Law and Policy of Export Controls written by Homer E. Moyer and published by Section of International Law. This book was released on 1993 with total page 618 pages. Available in PDF, EPUB and Kindle. Book excerpt: A guide to the law and policy of export controls, featuring a collection of essays on key export issues .

Download or read book Wto Law on Export Restrictions on Trade in Goods written by Kelly Kuan Shang and published by . This book was released on 2017-11 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines a theoretical question which has been heavily debated due to its social relevance: is current WTO law sufficient to regulate export restrictions? This book systematically reviews the law of the World Trade Organization (WTO) concerning export restrictions, guided by the principles of treaty interpretation and the WTO case law. Possibly contrary to the predominant view, this book respectfully submits that current WTO law is sufficient in regulating export restrictions; it is also capable of balancing the general disciplines of export restrictions and the various non-trade values. A highlight of this book is its use of a range of case studies. These case studies deal with, inter alia, Hong Kong's export ban of baby milk formula, the European Union's economic sanctions against Russia, as well as New Zealand's export quality requirement for wine, single export desk requirement for kiwi fruits, and the export ban of certain minerals with spiritual values. Further analyses of these case studies revealed several underexplored types of export restrictions, and demonstrated the possible relevance of a number of WTO provisions which have not yet been invoked before the WTO adjudicators. [Subject: Trade Law, WTO, Public International Law, International Law]

Download or read book Export Controls in Transition written by Gary K. Bertsch and published by Duke University Press. This book was released on 1992 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: Like many cold war artifacts, the West's export control policies and institutions are being reevaluated after the tumult in the communist world at the end of the 1980s. Policymakers and scholars are being forced to reexamine the premises of export control policy and the very concept of export controls as a tool of national security and foreign policy. This volume brings together expert scholars and government officials who provide contrasting perspectives and address the prospects for export controls. The contributors discuss the role and function of export control policies from a variety of perspectives--security, commerce, diplomacy, the European region, and that of the newly industrialized countries. Among the topics covered are the problems the United States and the Western export regime will face in the 1990s in light of changing international political alliances and dependencies, in defining strategic exports, in enforcing export controls, and the role of the Coordinating Committee for Multilateral Export Controls. Contributors. Sumner Benson, Beverly Crawford, Richard t. Cupitt, Dorinda G. Dallmeyer, Paul Freedenberg, Martin J. Hillenbrand, Hanns-Dieter Jacobsen, Bruce W. Jentleson, Kevin J. Lasher, William J. Long, Janne Haaland Matlary, Jere W. Morehead, Henry R. Nau, Han S. Park, Kevin F. F. Quigley, Alen B. Sherr, Christine Westbrook