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The capacity of the United States to protect its scientific and technological (S&T) advantage is vital not only as a matter of maintaining U.S. economic competitiveness, but also as a [...], Although there is widespread agreement among U.S. experts that the United States must protect its technological advantage, there is disagreement about how best to do so. The related debate reveals tension between maintaining an unrestricted federally-funded research and development enterprise, on one hand, and countering foreign governments seeking to exploit it, on the other. Although lawyers have engaged with this debate in academic scholarship and in strategic ways like influencing national-level law and policy, legal practitioners have often been absent at the operational level. By way of facilitating such engagement, this Article provides a primer on National Security Decision Directive 189, an executive order issued in 1985 that established national policy favoring openness with respect to federally-funded fundamental research. The Article also considers the legal force the order continues to hold given recent legislative and executive action designed to strengthen the federally-funded research and development enterprise against foreign threats.

I. INTRODUCTION 464 II. RELEVANT TREATIES & LEGAL MECHANISMS 466 A. International Law & International Treaties 466 B. Import & Export Controls 473 III. UKRAINE IN THE CONTEXT OF IRAQ [...], Russia's recent invasion of Ukraine poses a serious threat to Ukraine's cultural heritage. With numerous reports that Russian soldiers are looting Ukraine's movable cultural heritage, legal action is required to prevent the successful sale and illegal trafficking of these stolen artifacts. This Note examines the relevant legal tools available to prevent this trade. First, the paper examines relevant international treaties, including the 1970 United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention and 1954 Hague Convention, and the benefits and potential challenges of using export and import controls to address illicit trade of cultural property. Next, the Note examines the approach to preventing trade in stolen cultural property from Syria and Iraq. However, the Note ultimately finds that the U.N.based approach taken in those conflicts cannot be applied to Ukraine. While relevant actors have made numerous international commitments to protect cultural property, these commitments are largely non-binding and cannot be used to compel countries to enact domestic laws. Therefore, major nations must pursue unilateral import and export controls to prevent illicit trade in Ukrainian cultural goods. Finally, this Note addresses potential conflicts with World Trade Organization (WTO) obligations. Import and export controls violate the General Agreement on Tariffs and Trade (GATT)'s Article XI prohibition on trade bans or quotas. Prior import and export bans on Syrian and Iraqi cultural property were enacted pursuant to a binding U.N. Security Council Resolution, which qualified these measures for the GATT's Article XXI(c) national security exception. Because binding U.N.-based action is not available to protect Ukrainian cultural property, this Note explores other GATT exceptions that could apply. Ultimately, the Note finds that the GATT's Article XX(f) exception for protecting national treasures provides the strongest legal basis for WTO parties to enact measures banning illicit trade in Ukrainian cultural property without violating their WTO obligations.

Read more of our recent coverage of the https://www.economist.com/ukraine-war On june 26th the Captain Paris, a Greek-owned vessel transporting 730,000 barrels of diesel from Russia, reached the Suez canal. The [...]

THE CHINESE custom official's suspicions were first aroused by the size of the woman's stomach. She said she was only five to six months pregnant, yet her belly protruded as [...]

I. INTRODUCTION II. BACKGROUND A. EXPORT CONTROLS 1. The Statutory Framework Underlying Export Controls 2. Defining Export, Deemed Export, and Foreign Person 3. Licensing Requirements i. Licensing Requirements Under ITAR [...], Export controls are a set of federal regulations that control the transfer of items and information with military capabilities to foreign entities and persons outside the United States as well as foreign persons within the United States. Transferring information to a foreign person within the United States is known as a deemed export, and in many instances a license is required before such a transfer is allowed. One such instance is when an employer is hiring for a position that will have access to export-controlled information, as any foreign person hired for the position may need to receive a license before beginning work. However, because the process for receiving a license can take several months and there is no guarantee a license will be granted, some employers may want to, and currently do, exclude foreign persons from applying altogether. Whether an employer violates any employment-discrimination statutes by excluding foreign persons from export-controlled positions has been debated by scholars. This Note proposes a new framework to better understand this debate. The framework divides employer approaches to hiring for export-controlled positions into five categories. This Note then applies the framework to recent job postings by institutions of higher education to show that at least some institutions are likely discriminating against applicants and otherwise unnecessarily restricting foreign persons from applying. This Note then proposes a three-step approach to prevent institutions, and other employers, from discriminating or otherwise unnecessarily restricting applicants.

FOR MONTHS pressure has been building on Olaf Scholz, the German chancellor, to sanction the transfer of Leopard 2 main battle https://www.economist.com/the-economist-explains/2023/01/05/what-is-a-tank-and-does-frances-gift-to-ukraine-fit-the-bill to Ukraine. Made by a German firm, the [...]

THE RED FLAGS AROUND PETER ZUCCARELLI WERE PLAIN TO SEE: Two failed businesses and another in dire financial trouble. Multiple lawsuits against him and his companies. A tax lien on [...]

MY TAKE Exporters must look out for increased sanctions from the U.S., particularly against Russia and China. Importers and exporters experienced unprecedented issues in 2022, largely resulting from shocks to [...]

The Trump administration issued an edict tightening the embargo on Huawei. The measure prevents anyone from supplying semiconductors to the Chinese maker of network equipment if they are made using [...]

Iran, Libya and Venezuela face export limitations because of sanctions and internal political troubles. At the same time, US exports of crude oil are growing fast because of pricing and [...]

Cloud computing enables ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources--including networks, servers, storage, applications, and services--that can be rapidly provisioned and released with minimal [...]

I. INTRODUCTION This article explores agricultural export restriction disciplines under international economic law, mainly international trade and investment laws, in the particular context of the recent translational race for farmland. [...]

Many technology companies do not realize the far-reaching impact that encryption controls in the U.S. Export Administration Regulations (EAR) can have, particularly if the company's exit strategy is acquisition. Oftentimes, [...]

Along with hydraulic fracturing, shale oil, tar sands, and other emerging North American energy production issues, one new trend that has remained just below the radar is the export of [...]

Compliance and noncompliance with international agreements have long puzzled scholars, producing a wide range of theories regarding what motivates state behavior and a corresponding array of institutional design principles meant [...]

I Introduction to U.S Export Controls 58 II Developments in the European Defense Market 62 A.. Historically Nationalistic Market 63 B. Moving Towards Integration 64 C. Goon or Bad News [...]

China is expending a tremendous amount of effort and funds to encourage technology innovation and develop inventions on its own soil. It is fast becoming competitive in an array of [...]

I. Introduction 511 A. A Typical International Defense Procurement 513 B. The U.S. National Security Imperative 514 II. Defining Offsets 515 III. General Prohibition of Offsets in the GPA 518 [...]

TABLE OF CONTENTS INTRODUCTION I. THE EXPORT CONTROL REGIME AND ITS DISCONTENTS A. U.S. Export Controls on Satellites and Space-Qualified Components B. The Effect of U.S. Export Controls on the [...]

ISLAMIC REPUBLIC OF IRAN V. UNITED STATES. Case Nos. A3, A8, A9, A14, and B61. Partial Award. At http://www.iusct.com. Iran-United States Claims Tribunal (Full Tribunal), July 17, 2009. On July [...]

Abstract This article examines the legal responsibilities under the U.S. export control program for software vendors that provide software products over the Internet and other companies offering computing and data [...]