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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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The EU Regulation. Regime, Framework or Guidelines for Sub-Regional and/or National Regimes? (Dr. Laszlo Stefan)

← 170 | 171 →The EU Regulation

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Regime, Framework or Guidelines for Sub-Regional and/or National Regimes?

Dr. Laszlo STEFAN

Senior Counsellor – Authority of Defence Industry and Export Controls

The term “regime” refers to a system, a set of conditions and is widely used in a political context referring to governance. In the export control world the term is often used to express a particular framework: international political cooperation for common standards governing international trade of strategically controlled items, i.e. the Australia Group, the Missile Technology Control Regime, the Nuclear Suppliers Group, the Wassenaar Arrangement. The question arises whether the Council Regulation (EC) No. 428/2009 of 5 May 2009 which called for the setting up of a Community regime for the control of exports, transfer, brokering and transit of dual-use items (Recast),1 i.e. the common legal instrument of the EU export control system for dual-use items, may and should be called a regime through which we express a certain claim for universalization of this act.

It may be argued that the Regulation may serve as a solid basis for a universal norm governing export controls of dual-use items. Certainly parts of the Regulation have been tested over time, as they were put together from elements that had already been applied to existing and functioning in some Member States of the European Union. Some of these Member States have a vast experience in export controls and also play a key role in shaping international export controls and export control regimes....

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