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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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United Nations Security Council Resolution 1540. A Universal Model? (Dr. Andrea Viski)

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A Universal Model?

Dr. Andrea VISKI

Scientific Officer – Joint Research Centre, European Commission

Unlike many other domains, the field of dual-use export controls lacks a single institution, or international treaty, soley responsible for delineating measures and ensuring compliance of those measures to ensure harmonisation and implementation.1 This is due to the crosscutting nature of export controls, as they relate to measures to manage the trade of dual-use chemical, biological, and nuclear materials, technology, and equipment. The adoption of United Nations Security Council Resolution 1540 in 2004 appears to provide a solution to this issue due to the language of Operating Paragraph III, calling on States to take and enforce appropriate and effective measures for export controls and related measures such as trans-shipment control and financing. However, ten years since the Resolution, universal implementation of export controls remains a challenge, due in part to a lack of universal agreement over what is, in essence, necessary for an “appropriate and effective” export control system.

This chapter discusses the extent to which Resolution 1540 can realistically serve as a model for dual-use export controls. It will first give a brief introduction to the Resolution and discuss the link between it and the trajectory of international law in order to demonstrate the far-reaching effect that it presumably has on States. The chapter will then discuss the elements of the Resolution that could be drawn upon as a basis for an international model, including an analysis of...

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