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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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From Models to a Model? (Lia Caponetti)

← 234 | 235 →From Models to a Model?

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Lia CAPONETTI

Researcher – European Studies Unit, University of Liège

At present the European Union dual-use export control regime is the most comprehensive in the world but there is still a lot of work to do to make it fully effective.

The EU dual-use export control system is regulated by the EU Regulation 428/2009.1 Although EU regulations are directly applicable in all EU countries, some provisions, in order to be implemented, need an integrating legislative action by the Member States. If the principle of subsidiarity could be invoked to justify this (at least) two-level legal system, on the other hand, disparities arising from different degrees of implementation and different legal systems among Member States may lead to disfunctionings of the entire system, affecting its efficiency and, in some cases, even its credibility.

Aside from these aspects, there should be a pragmatic reason for the existence of a two-level dual-use export control system, that is to point to the undeniable fact that the EU is not a single State nor a Federation, and therefore lacks the necessary instruments, especially for implementation and compliance. In this sense, the two-levels system is an imposed option, although greater effort could be made at the EU legislative level to harmonise the entire system.

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