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

N. Craik, C. Jefferies, S. Seck, and T. Stephens (eds.), Global Environmental Change and Innovation in International Law (Cambridge University Press, 2018 Forthcoming)

25 Pages Posted: 30 Mar 2018

Date Written: 2018

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.

Note: CHPT OK FOR SMJ, processed - katiem 3/30/18

Keywords: export control; dual-use; cyber technology; human rights

JEL Classification: K33

Suggested Citation

Kanetake, Machiko, Balancing Innovation, Development, and Security: Dual-Use Concepts in Export Control Laws (2018). N. Craik, C. Jefferies, S. Seck, and T. Stephens (eds.), Global Environmental Change and Innovation in International Law (Cambridge University Press, 2018 Forthcoming). Available at SSRN: https://ssrn.com/abstract=3148437

Machiko Kanetake (Contact Author)

Utrecht University ( email )

School of Law
Achter Sint Pieter 200
Utrecht, 3512 HT
Netherlands

HOME PAGE: http://nl.linkedin.com/in/machikokanetake

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