Sunday, April 1, 2018

Kanetake: Balancing Innovation, Development, and Security: Dual-Use Concepts in Export Control Laws

Machiko Kanetake (Utrecht Univ. – Law) has posted Balancing Innovation, Development, and Security: Dual-Use Concepts in Export Control Laws (in Global Environmental Change and Innovation in International Law, N. Craik, C. Jefferies, S. Seck, & T. Stephens eds., forthcoming). Here’s the abstract:
Dual-use export control is a field of law that regulates the export of items that serve both civilian and military purposes. In fact, a variety of materials, products, facilities, technologies and information which are critical for sustaining our civilian lives could also be mobilised for strengthening the military capabilities of the governments as well as non-state armed groups and terrorists. This paper aims at unveiling multi-faceted duality in the regulation of the cross-border transfer of dual-use items. International, EU and national laws concerning the export control of dual-use items involve a critical choice and weighting of potentially contradictory normative perspectives. While the area of law is sometimes perceived as technical, the export control of dual-use items is normatively charged as well as deeply political.