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Export restrictions represent an economic phenomenon that has existed for millenia. This report is the result of a two-year research project on the subject of free access to commodity markets carried out jointly by the David Horowitz Institute for the Research of Developing Countries, Tel Aviv University and the Ibero-Amerika Institut, University of Goettingen. The project was financed by a grant from the Volkswagen Foundation.
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.
This publication presents a selection of papers discussed at the OECD Workshop on Raw Materials, held in Paris in October 2009. This workshop was organised in response to the growing concern on the use of export restrictions on raw materials, particularly by emerging economies.
This publication presents a selection of papers discussed at the OECD Workshop on Raw Materials, held in Paris in October 2009. This workshop was organised in response to the growing concern on the use of export restrictions on raw materials, particularly by emerging economies.
This is the first book to focus on the theoretical and practical issues of export control. It combines the points of view of Japanese and French academics and practitioners, including personnel at several governmental institutions and private companies. Presenting the results of a collaboration between Japanese and French academics, it contributes to the development of a new debate on export control. Although export control has been discussed within the framework of international law in terms of peace and security, its scope has now been expanded to international economic law (i.e., WTO law and international investment law). This means that in order to discuss export control appropriately, the two areas of law have to be combined. At the same time, this topic is not only academic and theoretical but touches upon very real and practical aspects of trade, export, and foreign investment. When we tighten embargos and economic sanctions for anti-terrorism or anti-nuclearization purposes, we encounter more and more cases of conflict between security and the liberalization of economic relations in the world. For this reason, a wide range of collaborative work is needed in this area. This timely book addresses various aspects of the current export control debate.
Examines existing WTO disciplines on export restrictions in light of the proliferation of export restraints on critical minerals and metals.
The U.S. national security export controls systemâ€"which was instituted to impede Soviet acquisition of high technology from the Westâ€"is both necessary and appropriate. Balancing the National Interest provides a thorough analysis of this controls system, examining the current system of laws, regulations, international agreements, and organizations that control the international transfer of technology through industrial channels. Foreign Affairs calls it "the best on the subject to have been published in the 40 years that the United States has exercised controls on exports that might add to Soviet power."
This book is a must for those who deal with United States government export control and economic sanctions regulations. Written as a user's manual rather than an academic or historical treatise, it covers in considerable detail - but in language that is intelligible to non-lawyers as well as lawyers - the Commerce Department's controls on: exports of commercial; 'dual-use' (having both commercial and military utility) and low-level military items; the State Department's controls on higher-level military items; the Treasury Department's approximately thirty different economic sanctions programs; the Nuclear Regulatory Commission's controls on nuclear-related commodities; and the Energy Department's restrictions on assistance to foreign nuclear programs. Given the authors' decades of experience with these regulations, the book not only explains the legal rules but also offers advice - not necessarily reflected in the regulations themselves - about how to interpret the regulations and deal with the regulators.