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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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EU as a Model, “Yes But”… (Ivana Micic)

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Ivana MICIC

Senior Researcher, University of Liège

The EU dual-use export control system1 might be a useful reference to countries in the process of developing or updating their respective export controls system. However, it is important to stress that the EU system is not a “one-size-fits-all” model. States must simultaneously take their own context into account (political, economic and regional realities) when developing export control systems while also understanding the needs and dynamics of the larger international system and requirements. However some main elements could be taken away from EU standards and its EU Member States’ implementation and enforcement. Indeed, their practice and experience could inspire other countries and could be used for the establishment or development of their own export control system. This chapter will highlight those potential elements by trying to depict in each case a brief picture of the practice of the different approaches across the EU.

Since the adoption of United Nations Security Council Resolution 1540 in 2004, many UN Member States are required to adopt or reform their export controls system as the Resolution places “binding obligations on all UN States to adopt legislation to prevent the proliferation of nuclear, chemical and biological weapons, and their means of delivery, and establish appropriate domestic controls over related materials to prevent their illicit trafficking” and asks States “to refrain from supporting by any means non-State actors from developing, acquiring, manufacturing, possessing, transporting, transferring or using nuclear, chemical or ← 157 | 158...

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