Extraterritorial Application Of Export Control Legislation
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Author | : Karl Meessen |
Publisher | : Springer |
Total Pages | : 220 |
Release | : 1992-03-03 |
Genre | : Law |
ISBN | : |
This volume comprises the wide research undertaken by the International Law Association's Committee on Extraterritorial Jurisdiction, revised and updated for publication. It provides an overview of the export control laws and practice in several countries (Argentina, USA, France, Netherlands, Germany, UK, Italy, Austria and Canada), and the exporting state and state of prohibited destination. Throughout, the problem of extraterritorial jurisdiction is examined from both the international law and conflicts of law viewpoint.
Author | : A L C De Mestral |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 288 |
Release | : 2024-02-19 |
Genre | : Law |
ISBN | : 9004641408 |
Author | : John R. Liebman |
Publisher | : Wolters Kluwer |
Total Pages | : 1175 |
Release | : 2011-11-22 |
Genre | : Law |
ISBN | : 1454801239 |
There should be no question in the mind of any exporter about the government'sintention to enforce applicable legislation and regulations. The penaltiesimposed by export laws and regulations are severe. Violations often lead toheavy fines and, in serious cases, to debarment from contracting with the U.S.Government, and possibly imprisonment. Additionally, the privilege ofexporting can be withdrawn from firms or individuals who have violated theregulations, either for specified periods or indefinitely. Ample resources aredevoted by the government to the detection and prosecution of violators. TheDepartments of Defense, Commerce, Homeland Security, Justice, and the severalintelligence agencies cooperate in this endeavor. Knowing and willfulviolations receive, of course, the heaviest sanctions, but unintentionalviolations are by no means exempt from penalties. Parties to an exporttransaction are expected to know and comply with the regulations.United States Export Controls, Sixth Edition provides areference to which exporters, and those who work closely with them, can referin their daily business operations in order to comply with the myriad exportrules and regulations. Thorough knowledge of the regulations is essential infinding practical solutions to export licensing problems related to specifictransactions, in formulating export marketing plans to minimize the impact ofcontrols, and in the organizing company resources to deal correctly andefficiently with both the legal requirements and the day-to-day operationaldemands of the export control regulations.
Author | : Robert Beeres |
Publisher | : Springer Nature |
Total Pages | : 313 |
Release | : 2022 |
Genre | : Administrative law |
ISBN | : 9462654719 |
Intro -- Foreword -- Contents -- Editors and Contributors -- 1 Introduction -- 1.1 Introduction -- 1.2 The Compliance and Integrity in International Military Trade (CIIMT) Master Programme -- 1.2.1 Focus of the MSc Programme on CIIMT -- 1.2.2 Learning Styles and Structure of the MSc Programme on CIIMT -- 1.3 Outline of NL ARMS 2021 -- References -- 2 Economics of Arms Trade: What Do We Know? -- 2.1 Introduction -- 2.2 Research Methodology -- 2.2.1 Scope -- 2.2.2 Selection -- 2.2.3 Research Synthesis -- 2.3 Weapons of Mass Destruction -- 2.3.1 Spreading Temptation: Proliferation and Peaceful Nuclear Cooperation Agreements -- 2.3.2 Almost Nuclear: Introducing the Nuclear Latency Dataset -- 2.3.3 Research on Weapons of Mass Destruction: What Do We Know? -- 2.4 Major Weapon Systems -- 2.4.1 The Gravity of Arms -- 2.4.2 Arming the Embargoed -- 2.4.3 Arms Production, National Defence Spending and Arms Trade -- 2.4.4 Trading Arms and the Demand for Military Expenditure -- 2.4.5 Arm Your Friends and Save on Defence? -- 2.4.6 Network Interdependencies and the Evolution of the International Arms Trade -- 2.4.7 Research into Major Weapon Systems: What Do We Know? -- 2.5 Small Arms and Light Weapons -- 2.5.1 Weaponomics, the Economics of Small Arms -- 2.5.2 Research into Small Arms and Light Weapons: What Do We Know? -- 2.6 Dual-Use Goods -- 2.6.1 Exporting Weapons of Mass Destruction? -- 2.6.2 Taking a Walk on the Supply Side: The Determinants of Civil Nuclear Cooperation -- 2.6.3 Research into Dual-Use Goods: What Do We Know? -- 2.7 Analysis -- 2.8 Conclusion: An Agenda for Research -- References -- 3 Export Control Regimes-Present-Day Challenges and Opportunities -- 3.1 Introduction -- 3.2 Export Control Regimes -- 3.2.1 The Coordinating Committee for the Multilateral Export Controls -- 3.2.2 Regimes and Treaties -- 3.2.3 Characteristics Regimes.
Author | : Cedric Ryngaert |
Publisher | : |
Total Pages | : 273 |
Release | : 2015 |
Genre | : Law |
ISBN | : 0199688516 |
This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
Author | : United States. Congress. House. Committee on International Relations |
Publisher | : |
Total Pages | : 32 |
Release | : 1976 |
Genre | : Arms transfers |
ISBN | : |
Author | : Karl M. Meessen |
Publisher | : BRILL |
Total Pages | : 280 |
Release | : 1996-08-01 |
Genre | : Law |
ISBN | : 9004639772 |
This work contains the proceedings of a symposium held in Dresden addressing the topic of extraterritorial jurisdiction with respect to financial services, tax, arms control, environmental law, antitrust matters and mergers and acquisitions. It provides an overview of how differently jurisdictional issues are perceived and dealt with, especially in the USA and UK. Contributions are from experts in the field. The book differs from others in the field in that it provides a resolution on extraterritorial jurisdiction. Audience: Civil servants, practising lawyers and academics in the field of international public law and private international law.
Author | : Judith Seddon |
Publisher | : Law Business Research Ltd. |
Total Pages | : 987 |
Release | : 2018-01-19 |
Genre | : |
ISBN | : 1912377837 |
There's never been a greater likelihood a company and its key people will become embroiled in a cross-border investigation. But emerging unscarred is a challenge. Local laws and procedures on corporate offences differ extensively - and can be contradictory. To extricate oneself with minimal cost requires a nuanced ability to blend understanding of the local law with the wider dimension and, in particular, to understand where the different countries showing an interest will differ in approach, expectations or conclusions. Against this backdrop, GIR has published the second edition of The Practitioner's Guide to Global Investigation. The book is divided into two parts with chapters written exclusively by leading names in the field. Using US and UK practice and procedure, Part I tracks the development of a serious allegation (whether originating inside or outside a company) - looking at the key risks that arise and the challenges it poses, along with the opportunities for its resolution. It offers expert insight into fact-gathering (including document preservation and collection, witness interviews); structuring the investigation (the complexities of cross-border privilege issues); and strategising effectively to resolve cross-border probes and manage corporate reputation.Part II features detailed comparable surveys of the relevant law and practice in jurisdictions that build on many of the vital issues pinpointed in Part I.
Author | : Cynthia Day Wallace |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 1364 |
Release | : 2002-04-02 |
Genre | : Law |
ISBN | : 9789041117892 |
This long-awaited new book from Cynthia Day Wallace picks up the thread of her best-selling "Legal Control of the Multinational Enterprise: National Regulatory Techniques and the Prospects for International Controls," In the present work she applies herself to legal and pragmatic aspects of control surrounding MNE operations. The primary focus is on legal and administrative techniques and measures practised by host states to control - transparently or less so - foreign MNE activity within their territories, or even extraterritorially when effects are felt within national boundaries. The primary geographic focus is the six most investment-intensive industrialized states (namely, Canada, France, Germany, Japan, the United States and the United Kingdom). At the same time an important message of the present study is precisely the implication for the developing countries as well as for the emerging market economies of central and eastern Europe - and even Asian nations besides Japan, because it is the sharing of this very 'experience of years' that can best serve to facilitate a fuller participation on the part of the up-and-coming economies in the same global market place.
Author | : Malcolm Langford |
Publisher | : Cambridge University Press |
Total Pages | : 497 |
Release | : 2013 |
Genre | : Law |
ISBN | : 1107012775 |
Explores whether states possess extraterritorial obligations under international law to respect and ensure economic, social and cultural rights.