Choi, Seung-Hwan --- "The Export Control System" [2011] ELECD 188; in Chang, Wha Seung; Choi, Won-Mog (eds), "Trade Law and Regulation in Korea" (Edward Elgar Publishing, 2011)

Book Title: Trade Law and Regulation in Korea

Editor(s): Chang, Wha Seung; Choi, Won-Mog

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847209221

Section: Chapter 2

Section Title: The Export Control System

Author(s): Choi, Seung-Hwan

Number of pages: 22

Extract:

2. The export control system
Seung-Hwan Choi

1. INTRODUCTION

This chapter introduces Korean laws and regulations for the export
control on strategic items. In general, "strategic items" mean products,
commodities, software and technology with dual-use, i.e. with military
as well as civilian uses, which may be used for the design, development,
production or use of weapons of mass destruction (WMD) and/or con-
ventional weapons and their means of delivery. Because of the heightened
concerns over terrorism and national security raised by the attacks of
September 11, 2001, export controls and nonproliferation have become
major issues for the maintenance of international peace and security.
Export controls have not only economic objectives but also political
and national security objectives. Export controls may, for example, be
used to: (i) conserve domestic commodities in short supply; (ii) conserve
limited natural resources; (iii) avoid unacceptable domestic price rises; (iv)
limit the military and economic capabilities of other countries; (v) impose
economic sanctions against a country which has violated international
law.1 Export controls on strategic items have been used for the mainte-
nance of international, regional and national security. Export controls for
national security may be justified as lawful under the General Agreement
on Tariffs and Trade 1994 (GATT 1994) (Article XXI)2 and the World
Trade Organization (WTO) Agreements.3


1 M. Matsushita, T. Schoenbaum and P. Mavroidis, The World Trade

Organization: Law, Practice, and Policy (Oxford University Press, 2003), p. 217.
2 GATT 1994, Article XXI (Security Exceptions):

Nothing ...