The Practical Failure of German Export Control Law: A Lesson in Modern Trade

This Comment will argue that the process of controlling exports must change fundamentally if the foreign policy and security objectives of export controls are to be met. Part I will examine the existing international obligations of exporting nations, such as the FRG, highlighting current public international law. Part I will also analyze the structure of the relevant German legislation. Part II will discuss the practical failure of German export controls. Additionally, Part II will review the subsequent reform legislation. Part III will argue that restructuring of the current national controls is necessary. The national measures should control either categorically or completely, and a comprehensive international network of enforcement should supplement these controls. Finally, Part III will also address the practical implications of these options. This Comment concludes that national export controls should change structurally and that a more comprehensive approach to international coordination and enforcement should be adopted as the model. This Comment will argue that the process of controlling exports must change fundamentally if the foreign policy and security objectives of export controls are to be met. Part I will examine the existing international obligations of exporting nations, such as the FRG, highlighting current public international law. Part I will also analyze the structure of the relevant German legislation. Part II will discuss the practical failure of German export controls. Additionally, Part II will review the subsequent reform legislation. Part III will argue that restructuring of the current national controls is necessary. The national measures should control either categorically or completely, and a comprehensive international network of enforcement should supplement these controls. Finally, Part III will also address the practical implications of these options. This Comment concludes that national export controls should change structurally and that a more comprehensive approach to international coordination and enforcement should be adopted as the model. THE PRACTICAL FAILURE OF GERMAN EXPORT CONTROL LAW: A LESSON IN MODERN