Details
| Original language | English |
|---|---|
| Pages (from-to) | 17-30 |
| Number of pages | 14 |
| Journal | Global Trade and Customs Journal |
| Volume | 14 |
| Issue number | 1 |
| Publication status | Published - 2019 |
Abstract
Germany and the UK have been among the strongest supporters of a liberal trade policy within the European Union for decades. At the same time, however, both states have advocated a more or less effective export control policy in the past decades, which usually included economic, humanitarian and security considerations. Notwithstanding the foregoing, this British-German alliance will end with Brexit. As a predictable result of this withdrawal of the UK from the EU, the UK will have to give itself a new export control and sanctions law. This essay examines a sub-aspect of this area of law. The article focuses on the criminal provisions relating to the German and the UK export control and sanctions laws, since the competence for criminal law relating to foreign trade still lies with the EU Member States. However, the study outlines the similarities between the German and the UK criminal provisions, which are astonishing in view of their different legal traditions. From this it can be deduced that both national legislations are strongly influenced by European law. Moreover, this examination illustrates that this de facto harmonization of this area contributes to the security of all EU Member States. For this very reason it would be desirable if the UK would remain a member of the customs union.
ASJC Scopus subject areas
- Business, Management and Accounting(all)
- Business and International Management
- Social Sciences(all)
- Law
Sustainable Development Goals
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In: Global Trade and Customs Journal, Vol. 14, No. 1, 2019, p. 17-30.
Research output: Contribution to journal › Article › Research › peer review
}
TY - JOUR
T1 - The criminal provisions of German and UK export control and sanctions law
AU - Wilke, Malte
AU - Rüping, Hinrich
N1 - Publisher Copyright: © 2019 Kluwer Law International BV, The Netherlands.
PY - 2019
Y1 - 2019
N2 - Germany and the UK have been among the strongest supporters of a liberal trade policy within the European Union for decades. At the same time, however, both states have advocated a more or less effective export control policy in the past decades, which usually included economic, humanitarian and security considerations. Notwithstanding the foregoing, this British-German alliance will end with Brexit. As a predictable result of this withdrawal of the UK from the EU, the UK will have to give itself a new export control and sanctions law. This essay examines a sub-aspect of this area of law. The article focuses on the criminal provisions relating to the German and the UK export control and sanctions laws, since the competence for criminal law relating to foreign trade still lies with the EU Member States. However, the study outlines the similarities between the German and the UK criminal provisions, which are astonishing in view of their different legal traditions. From this it can be deduced that both national legislations are strongly influenced by European law. Moreover, this examination illustrates that this de facto harmonization of this area contributes to the security of all EU Member States. For this very reason it would be desirable if the UK would remain a member of the customs union.
AB - Germany and the UK have been among the strongest supporters of a liberal trade policy within the European Union for decades. At the same time, however, both states have advocated a more or less effective export control policy in the past decades, which usually included economic, humanitarian and security considerations. Notwithstanding the foregoing, this British-German alliance will end with Brexit. As a predictable result of this withdrawal of the UK from the EU, the UK will have to give itself a new export control and sanctions law. This essay examines a sub-aspect of this area of law. The article focuses on the criminal provisions relating to the German and the UK export control and sanctions laws, since the competence for criminal law relating to foreign trade still lies with the EU Member States. However, the study outlines the similarities between the German and the UK criminal provisions, which are astonishing in view of their different legal traditions. From this it can be deduced that both national legislations are strongly influenced by European law. Moreover, this examination illustrates that this de facto harmonization of this area contributes to the security of all EU Member States. For this very reason it would be desirable if the UK would remain a member of the customs union.
UR - http://www.scopus.com/inward/record.url?scp=85063803120&partnerID=8YFLogxK
U2 - 10.54648/gtcj2019003
DO - 10.54648/gtcj2019003
M3 - Article
AN - SCOPUS:85063803120
VL - 14
SP - 17
EP - 30
JO - Global Trade and Customs Journal
JF - Global Trade and Customs Journal
SN - 1569-755X
IS - 1
ER -