Un-Complicating the Exports Control Regulations in the USA - Expert Assignment Help
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Un-Complicating the Exports Control Regulations in the USA - Expert Assignment Help

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Question

In the last couple weeks i wrote my SJD Dissertation Proposal in order to get admission from U.S based law school. However, am not confidant enough with my proposal i need someone to help me to review it and establish a stronger proposal. my goal is to make my proposal legally comprehensive and coherent as much as possible. i wish you can help me with this matter.

The proposal must be 15 pages in length, double spaced, with Times New Roman 12 point font, and 1 inch margins on all sides. The dissertation proposal must be typed, double spaced (ten to 15 pages) with bibliography attached. Foot notes shall be used because it is a law related research. 

*the important part for me is the context used in the proposal. As I mentioned before, I should be comprehensive and coherent. It should demonstrate understanding of the Law and its related issues. 

The level of assignment is “Doctorate of Juridical Science” known as SJD the highest advanced law degree equivalent to PHD. 

You should know from the subject what kind of level we are dealing with. 

Solution

Introduction and Scope of the paper 

The nature of technology is that the transfer of technology or data from one place to another doesn’t require bulks of physical shipments. Still, it often just takes a click of the mouse and a couple of second to transfer the data across oceans. There have been numerous laws on the Physical shipment of goods, but what can be done with technology that is not particularly tangible? When goods are being exported from one country to another, and in this case, by goods, the reference is to physical goods, both the country at the giving end and at the receiving end ensure through their rules and regulations that their interests are safeguarded in the process. The same question arises in the case of technology transfers, the nature of safeguarding the process of transfer of technology from one end to the other. Currently, there are certain export laws that are in place which look into the transfer of technology from one agent to the other as the transfer of technology is highly sensitive in nature. To prevent misuse during the transfer of technology, exploitation of traders, manipulation of information, a number of countries have used certain laws to prevent mishaps. These laws basically are covering information related to science and technology, but they also focus upon the fact that the technology-related information is protected in such a way that national security and business interests aren’t compromised upon.

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There are certain issues that need to be addressed in terms of national and international policies, the procedures that are undertaken and the current compliances that are happening when the goods cross the borders.  Based upon these things, the research questions have been posed and stated.

Another important aspect that will need to be seen is whether the current set of regulations and rules comply with Modern Day legal Philosophies. Are the rules and regulations evolving along with civilisation? 

III. Problems and Key Questions 

The questions that this research proposal aims to address are –

  1. The validity of the Exports Control Law that was enacted in 1940 and its current validity in the midst of modern technologies. 
  2. Considering the growth and the current size of the Industry, Does US Department of Commerce has the capacity to regulate?
  3. Is there a need for a Multi-Agency Regulation, or will a single agency regulation work better? 
  4. The fact that the Exports Control in US has a number of agencies responsible for its Regulation makes it more prone for sensitive technologies for diversion. 
  5. What would be the ideal case where one agency model aims to solve this problem? Case examples could be that of Germany, Canada, Australia and the United Kingdom. 
  6. Can there be different control mechanisms for Export Controlled Technology and Export Controlled products?
  7. What would be the reasons for the complexity of Export Control Laws and Regulations? 
  8. Where are the places where the Export Control Laws and Regulations stand weak in entirety and in terms of Technology Transfer?

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