Controlling the Export of Digital and Emerging Technologies: Security and Human Rights Perspective

Dual-use export control regulates the trade of items which serve both civilian and military purposes. Justification for imposing export controls has been furnished by the need for safeguarding regional and international security, especially the non-proliferation of weapons of mass destruction. The rationale for applying export controls has been subject to challenges, however. This Security and Human Rights special issue addresses the underlying justification for imposing export controls by focusing on their technological fronts. Scott A. Jones’ piece sheds light on the regulatory challenges that have arisen for the US’ control over so-called “emerging” technologies. Cindy Whang moves on to compare the US’ approach with that of the EU’s dual-use export control. Ben Wagner proposes a set of policy options for the design of export controls on digital technologies, so that they can serve as an effective vehicle for promoting the protection of human rights

Due Diligence and Corporate Liability of the Defence Industry: Arms Exports, End Use and Corporate Responsibility

Due diligence is a frequently used concept that describes measures aimed at preventing and mitigating adverse impacts and risks. Due diligence should be highly relevant to the defence industry: It is estimated the combined arms sales of the world’s top 100 armsproducing and military services companies to have been $531 billion in 2020, of which 21 per cent (or$109 billion) was derived from the arms sales of 26 European companies. Such an overall market size is accompanied by a general recognition of the adverse impacts that exported arms may have in either intended countries or ultimate destinations. Despite the recognition of adverse impacts, relatively limited attention has been paid to due diligence and the associated liability of arms-exporting companies compared to those applicable to some other business sectors

The International Rule of Law in the Cycle of Contestations and Deference

This paper is the concluding chapter of the edited volume ‘the rule of law at the national and international levels: contestations and deference’. The paper first provides some patterns of national contestations (section I) and international deference (section II). The paper moves on to identify some of the shortcomings of the process of developing international law through national contestations and international deference (section III). Our overall argument is that the cycle of national contestations and international responses can be conceptualized as an integral part of the rule of law in the international legal order (section IV)

国連安全保障理事会の非国家主体に対する権限行使の規制: 近接性の正当性

京都大学0048新制・課程博士博士(法学)甲第16345号法博第126号新制||法||138(附属図書館)28976京都大学大学院法学研究科法政理論専攻(主査)教授 位田 隆一, 教授 酒井 啓亘, 教授 濵本 正太郎学位規則第4条第1項該当Doctor of LawsKyoto UniversityDA