Theory and Practice of Export Control

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.

Auteur
Dai Tamada is Professor of International Law at the Graduate School of Law, Kobe University. He holds LL.M. (Kyoto University in 2000) and Ph.D. (Kyoto University, 2014). His research focuses on international dispute settlement and international investment law, among others. His masterpiece is Legal Effects of the International Courts' Judgment (Yuhikaku, 2012, 242p. in Japanese). He has been committee member in the government organs, such as MOFA and METI.

Contenu
Part I International Regime of Export Control.- Chapter 1 Introduction to International Export Control Regulations Philippe Achilleas.- Chapter 2 Embargoes and International Sanctions from an Industry Perspective Romain Broner.- Chapter 3 The Role of the Security Council in WMD-related Export Control: Synergy between Resolution 1540(2004) and Sanctions Resolutions Masahiko Asada- Part II Implementing Export Control in Business Scene.- Chapter 4 CISTEC (Center for Information on Security Trade Control) Linkage Channel Connecting Government, Industry and Academia Hisashi Riko.- Chapter 5 Export Control Basics, Specificities, and Related Consequences for Industry Arnaud Idiart.- Chapter 6 Export control constraints from a contractual point of viewMarc Borello.-Chapter 7 Effects and 'Side Effects' of the Implementation of Trade Restrictions for European Economic Operators in the Field of Aerospace Rosa Rosanelli.- Chapter 8 BOTTICELLI Project: Enhancing Export Control Cooperation between Industry and Governments.- Sandro Zero.- Part III Export Control in Relevant Areas of International Law.- Chapter 9 Conflict of Interests: Liberalisation of Foreign Direct Investment vs. Security Interest Dai Tamada.- Chapter 10 Responsive Action or Emerging Strategy? Japan's Revision of Its Arms Transfer PolicyTomoaki Ishigaki.- Chapter 11 Export Control in the Arms Trade Treaty: Can It Have an Impact on the Prevention of Serious Violations of International Humanitarian Law?Mika Hayashi.- Chapter 12 Export Control in Space Activities Setsuko Aoki.- Chapter 13 Free Access to Outer Space vs. Export Control of Missiles.- Yuri Takaya.- Theory and Practice of Export Control: A Conference Report Kei Nakajima.