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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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Conclusion (Quentin Michel)

← 250 | 251 →Conclusion


Quentin MICHEL

Professor – European Studies Unit, University of Liège

It is commonly accepted that pursuant to the adoption by the UN Security Council of the Resolution 1540 (2004), States have committed themselves inter alia to strengthen their national dual-use export control systems. Acting under Chapter VII of the UN Charter the Security Council by this Resolution decides that “all States shall take and enforce effective measures to establish domestic controls to prevent the proliferation of nuclear, chemical, or biological weapons and their means of delivery, including by establishing appropriate controls over related materials”.1

In subparagraph 3(d) the Resolution detailed the main elements that a national system must incorporate. That includes, in particular, appropriate laws and regulations to control export, transit, trans-shipment, re-export of dual-use items.

The 1540 Committee created by the Resolution and in charge with monitoring the implementation of the Resolution has identified a list of measures that a State shall consider to encounter an effective and appropriate compliance of the Resolution. Those measures relate to elements like border control measures, licencing, control lists, end-users controls, and extraterritorial applicability.

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