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Research On EU High-tech Export Control Issues

Posted on:2020-11-26Degree:MasterType:Thesis
Country:ChinaCandidate:H DingFull Text:PDF
GTID:2416330578984023Subject:International Law
Abstract/Summary:PDF Full Text Request
Since "Coordinating Committee for Multilateral Export Controls,CoCom" started,export control issues have been developed for nearly 70 years.Export control,a trade barrier,has undergone major changes in its nature,content and form.No longer a simple capitalist embargo on socialism anymore,in today's world,export control is an important strategy for countries to compete on resources,politics,economy,military,and overall national strength.As noted in current major export control legislation all over the world,export control in high-tech fields,such as electronics,industrial design,emerging technologies,and innovative technologies,has become the new focus.The EU's high-tech export control products discussed in this article are mainly focused on “military items” and “dual-use items(military and civilian use)”.From the two control lists supported by the EU and the list of the four international export control groups,one could notice that the controlled items,both hardware and software,cover high technology area as well.Therefore,we could conclude that the core of the EU's high-tech control is the control of military items and dual-use items.The EU's legislation on high-tech export control is complex,including relevant international conventions and EU-level legislation,as well as legislation related to specific EU member states.Since specific law enforcement needs to be implemented by specific member states,this is different in substantive law and procedural law.This paper started with an introduction on formation,causes,related concepts,classifications and internationally relevant conventions of high-tech export control.It followed with an explanation on the legal system,operational mechanism and its evaluation and future prospects of the EU's current high-tech export control.In addition,three EU countries-France,Germany and Belgium-were analyzed about their high-tech export control issues.Finally,from the perspective of the EU's high-tech export control,we will look at China's export control legislation and its enlightenment on the practice of foreign trade enterprises.We suggested that Chinese foreign trade enterprises should incorporate compliance management into strategic management content.The “regulations” in compliance management refer to the “regulations” between vertical management,such as the legal norms of the state including the “regulations” of both the home country and the import or export countries.The “regulations” also refers to the "regulations" of horizontal industry behavior.Enterprises should not destroy industry norms for their own interests,because if they did,they would be punished not only by themselves,but by the whole industry(the country of import and export may be specifically introduced for a specific corporate behavior,Legislation or policy).This process requires the enterprise to complete the process of changing from “passively looking for loopholes”to “actively matching norms” in the establishment of strategic management content.Combined with the specific legal norms and actual cases of EU high-tech export control,specific recommendations are given.
Keywords/Search Tags:EU, high technology, export control, compliance management
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