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Modelling Dual-Use Trade Control Systems


Odette Jankowitsch-Prevor, Quentin Michel and Sylvain Paile

The Chaudfontaine Group was established in 2010 as an annual two-day gathering of young Europeans with diverse academic backgrounds, including lawyers, economists and political scientists, from relevant national authorities, European institutions, scientific centres and industry. Its members are invited to discuss their respective viewpoints on the European trade of sensitive goods, focusing on the strategic issues confronting this sector in a rapidly evolving international context.
In December 2013, at its fourth conference, the Group met with African experts to debate the question of how African countries control the trade of dual-use items and the challenges they face in their search for effective regulations. The objective was to study whether international norms and experiences, pertaining both to states and to organisations, could be used as standardised models for African countries affected by unique security concerns.
This volume analyses and discusses those trade control systems which could be described as «models» and might therefore serve as a standard to be exported to the African countries in question. The debate is multi-levelled and studies the possibility of setting universal, regional or even-sub-regional norms.
The contributors to this book, who display a wide variety of expertise, call for the adoption of norms which they argue have the potential to reconcile freedom of trade with international security, without presuming that these norms should be universal.
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Introduction. Regional, Sub-Regional and National Trade Control Regimes Models: Choices for “Africa”?



Nuclear Lawyer – Consultant

The growing importance attached to the “trade dimension”2 of economic development and related industrial strategies in Africa may call for new approaches to national and possibly regional requirements for trade control regimes. This industrial evolution is essentially carried by trans- or multi-national corporations and characterised by international intra-industry transactions. Such developments are extremely relevant to States, though the individual State may not be the determinant actor in this worldwide development. Integration into the global market rather than within a regional market raises very different questions and concerns all actors: the individual State exporting industrial manufactured goods in addition to raw materials, the regional economic communities, and Africa as a whole. In the context of export control regimes this fast trend, if continued, might constitute a challenge for the individual State as well as for Africa’s sub-regional economic communities of neighbouring or likeminded States.

← 15 | 16 →At the same time, the individual State is called upon to adhere to increasingly specific, strict and binding international regimes directed at preventing all forms of proliferation of nuclear chemical or biological weapons,3 sensitive trade and notably dual-use items; these amount to legal obligations that require the State to establish and implement inter alia “effective border controls, national export and trans-shipment controls and end-user controls”.4

The question arises whether this is a fundamental, unsolvable dilemma or whether States will be able to find satisfactory solutions individually, within their...

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