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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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Transnational Consortia For Dual-Use Goods and National Export Control Regimes. Facing Diversity (Harald Hohmann)

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Facing Diversity

Harald HOHMANN

Attorney at law, Hohmann Rechtsanwälte

In spite of the existence of the EU dual-use Regulation (EC Regulation 428/2009, hereinafter “dual-use Regulation”) which has harmonised all export trade with dual-use goods (all economic goods except weapons and defence items) in the EU Common Market, there remain important loopholes, so that national export control law of the EU Member States is still very decisive for the export law in action. This contribution wants to demonstrate some of the consequences of this diversity of different national export law of the EU Member States and what impact it can have on the export law in action.

Originally, the German company G was operating on its own and shipping its listed goods (especially listed electronic goods) directly to its clients overseas. G has a limited number of customers worldwide, most of them are research organisations which are supplied permanently.

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