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Modelling Dual-Use Trade Control Systems

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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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Export Controls: Is a New Approach Needed? (Wolfgang Lehofer)

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Wolfgang LEHOFER

Directorate-General DEVCO (Development and Cooperation), European Commission

We all have to live with the paradox that the threat of global nuclear war or other CBRN events has gone down, but the risk of violence in this area has gone up. International efforts to contain these dangers are centred on a global non-proliferation regime, but people and nations continually try to find new ways to break non-proliferation rules. However, we are far away reaching a “security of a world without nuclear weapon”.1

Discussing export control issues seems pertinent following the concept to increase security aspects of international agreements such as the Chemical Weapons Convention (CWC), the Biological and Toxin Weapons Convention (BTWC) and the Nuclear Non-Proliferation Treaty (NPT), and of course multilateral export control regimes such as the Wassenaar Arrangement, the Nuclear Suppliers Group (NSG), the Australia Group, the Missile Technology Control Regime (MTCR) and certainly the UN Security Council Resolution 1540 (2004). The implementation of universal models for export controls is certainly continuing to be the clear objective, however the way to reaching these goals in export controls might need adjustments – a tailor-made approach – on country or regional level as the control list may not always reflect the economic realities every time.

The globalisation and the increasing levels of interdependence between nations have transformed the nature of power. It is much more difficult for individual nations – to dictate certain concepts in the security ← 27 | 28 →field.2 There is strong...

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