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      The EU’s dual-use export control and human rights risks: the case of cyber surveillance technology

      Europe and the World: A law review

      UCL Press

      export control, dual-use, cyber surveillance, human rights, EU trade

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          Abstract

          Export of cyber technology can undermine human rights in countries of destination. In the aftermath of the Arab Spring, political controversies have arisen around EU-exported cyber surveillance technology, which allegedly helped autocratic states monitor and arrest dissidents. While cyber technology is indispensable to our lives, it can be used to suppress the right to privacy, the freedom of expression and the freedom of association, not only in the EU, but also in the countries it trades with. The EU has taken a proactive role in reforming the export of human rights-sensitive cyber technology. In September 2016 the European Commission proposed the integration of human rights due diligence in the process of export control. The Commission’s proposal, however, invited strong contestations both from industry and Member States. Essentially, dual-use export control has developed in order to mitigate military risks. Attempts to integrate human rights risks in export control have thus invited discomfort among stakeholders. This paper unpacks normative tensions arising from the EU’s attempts to integrate human rights risks in its export control regimes. By so doing, the paper highlights fundamental tensions embedded in the EU’s value-based Common Commercial Policy, of which dual-use export control forms an integral part.

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          Most cited references 1

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          OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas

          (2011)
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            Author and article information

            Journal
            EWLR
            Europe and the World: A law review
            Eur. World
            UCL Press
            2399-2875
            26 June 2019
            : 3
            : 1
            Affiliations
            Assistant Professor of Public International Law, Utrecht University, the Netherlands
            Author notes
            Article
            EWLR-3-3
            10.14324/111.444.ewlj.2019.14
            © 2019, Machiko Kanetake.

            This is an open access article distributed under the terms of the Creative Commons Attribution License (CC BY) 4.0 https://creativecommons.org/licenses/by/4.0/, which permits unrestricted use, distribution and reproduction in any medium, provided the original author and source are credited • DOI: https://doi.org/10.14324/111.444.ewlj.2019.14.

            Page count
            Pages: 16
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            Article
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            M. Kanetake, ‘The EU’s dual-use export control and human rights risks: the case of cyber surveillance technology’ [2019] 3(1): 3. Europe and the World: A law review [16]. DOI: https://doi.org/10.14324/111.444.ewlj.2019.14.

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            Europe and the World: A law review
            Volume 3, Issue 1

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