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Modelling Dual-Use Trade Control Systems


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 Regulation + French Regulations = An Exportable Control Model? (Sylvain Paile-Calvo)


Sylvain Paile-CALVO

Senior Researcher, University of Liège

Though it is not easy to qualify the European Union dual-use trade control system set by the Regulation 429/2009 as a “stand-alone” regime, the question of its efficiency as a “copy-paste” model of set of rules or simply as a philosophical construction aimed at preventing the undesirable proliferation of weapons of mass destruction must nonetheless be addressed.

Similar to the international export control regimes, the European Union’s set of rules contained principally in the Regulation 428/2009 does not address all the aspects of a comprehensive control of sensitive trade. For instance, it does not properly create a licencing authority, nor does it create infringements or sanctions. Unlike the international export control regimes, however, it establishes legally binding and enforceable rules. The European Union built a set of incomplete prescriptions which, it is assumed, cannot be seen as a perfect “model” per se with view to be reproduced in any part of the world.

In order to fulfil its function of proliferation-risk mitigation, such a system in place must be completed by additional prescriptions, which organise the controls and implement the European principles for a daily application. In the European Union, this must be proceeded by the Member States inside their national legal apparatus. Hence, similar to the structure of the customs legislation, the trade control system shaped by France is different from the 27 – and more – other systems that coexist under the umbrella of...

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