Technology Transfer in the Era of Military Conflict: Legal Challenges for International Trade and International Humanitarian Law

Objective: to identify the complex relations between international trade and military law in the context of technology transfer; to analyze the legal implications of technology transfers for international humanitarian law in order to clarify the impact of technology transfer in international trade on the warfare means regulation and identify legal gaps in existing international conventions.Methods: the study uses a comprehensive legal analysis of international documents, including the Geneva Conventions and their Additional Protocols, the Hague Conventions, and modern international agreements in the field of trade and technology. The authors used comparative legal method to study the national legislations of various states and a systematic approach to analyze the interaction of international humanitarian law and international trade law.Results: the study revealed significant legal gaps in regulating the transfer of dual-use technologies during wartime. It was established that modern technologies, including artificial intelligence, autonomous weapons systems and cybernetic means, create a regulatory vacuum that undermines the effectiveness of existing international conventions. A significant technological gap between the Global North and South was demonstrated.Scientific novelty: the work is the first comprehensive study of technology evolution in the context of international humanitarian law, with an emphasis on the need to develop special regulatory mechanisms. The authors present a conceptual model for the integration of technology transfer norms into the system of international disarmament treaties, taking into account the principles of proportionality and distinction.Practical significance: the study proposes specific amendments to the articles of the Geneva Conventions, including the modification of Article 35(2) of Additional Protocol I to include new technologies and extend the requirements of Article 36 regarding legal reviews of technological transfers. The recommendations developed can serve as a basis for creating international monitoring mechanisms and increasing transparency in the field of military technology transfer.

Journal of Digital Technologies and Law

artificial intelligence

digital technologies

Geneva Conventions

Hague Conventions

international humanitarian law

international trade

military law

technology transfer

warfare means

Objective: to identify the complex relations between international trade and military law in the context of technology transfer; to analyze the legal implications of techno...

Technology Transfer in the Era of Military Conflict: Legal Challenges for International Trade and International Humanitarian Law

Authors

N.Bhaskar

J.S.Magoge

S.Q.Hashimy

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