The Dual-use Regulation, Cyber-Surveillance and Human Rights: The Competing Norms and Organized Hypocrisy of EU Export Controls

The Dual-use Regulation, Cyber-Surveillance and Human Rights : The Competing Norms and Organized Hypocrisy of EU Export Controls

Bromley, Mark, 1977- (author): Stockholms universitet,Institutionen för ekonomisk historia och internationella relationer,Stockholm International Peace Research Institute (SIPRI)

(creator_code:org_t)

Abstract Subject headings

This article provides an analysis of the process and outcome of the review and recast of the EU Dual-use Regulation which concluded in 2021. The recast was dominated by conflicts both among EU member states and between the European Council, European Commission and European Parliament about the interlinked issues of expanding the range of human rights that states should consider when implementing the Dual-use Regulation and using the instrument to expand controls on exports of ‘cyber-surveillance items’. The article argues that the process of the recast—and particularly which proposals were put forward and which were adopted—can be better understood if it is viewed as a competition between different constitutive and regulative norms. The article also argues that the outcome of the recast can be better understood if we apply Brunsson’s concept of ‘organized hypocrisy’ and view as a set of compromises which sought to address several competing norms. The article concludes by reflecting on the possible wider application of the ‘competing norms’ and ‘organized hypocrisy’ frameworks that it outlines for other studies of the formation and implementation of states’ national and collective export control systems.

About the subject

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