Theory and Practice of Export Control: Balancing International Security and International Economic Relations

Description

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. Front Matter ....Pages i-viii Front Matter ....Pages 1-1 Introduction Export Control (Philippe Achilleas)....Pages 3-16 Embargoes and International Sanctions from an Industry Perspective (Romain Broner)....Pages 17-27 The Role of the Security Council in WMD-Related Export Control: Synergy Between Resolution 1540 (2004) and Sanctions Resolutions (Masahiko Asada)....Pages 29-40 Front Matter ....Pages 41-41 Export Control in Japan and CISTEC (Hisashi Riko)....Pages 43-52 Export Basics, Specificities and Consequences for Industry: How an International Group Can Manage Its Business with Sanctioned Countries (Arnaud Idiart)....Pages 53-63 Export Control Constraints from a Contractual Point of View (Marc Borello)....Pages 65-73 Effects and “Side Effects” of the Implementation of Trade Restrictions for European Economic Operators in the Field of Aerospace (Rosa Rosanelli)....Pages 75-86 BOTTICELLI Project: Enhancing Export Control Cooperation Between Industry and Governments (Sandro Zero, Alejandra Charpentier)....Pages 87-98 Front Matter ....Pages 99-99 Conflict of Interests: Liberalisation of Foreign Direct Investment Versus Security Interest (Dai Tamada)....Pages 101-111 Responsive Action or Emerging Strategy? Japan’s Revision of Its Arms Transfer Policy (Tomoaki Ishigaki)....Pages 113-126 Export Control in the Arms Trade Treaty: Can It Have an Impact on the Prevention of Serious Violations of International Humanitarian Law? (Mika Hayashi)....Pages 127-137 Export Control in Space Activities (Setsuko Aoki)....Pages 139-151 Free Access to Outer Space Versus Export Control of Missiles (Yuri Takaya-Umehara)....Pages 153-163 Erratum to: Theory and Practice of Export Control (Dai Tamada, Philippe Achilleas)....Pages E1-E1 Back Matter ....Pages 165-170