On December 8, 2016, Dr. Machiko Kanetake, Assistant Professor of International Public Law at Utrecht University in the Netherlands and Coordinator of the Master of International Public Law Program, was invited by the National Institute of International Law at Wuhan University, a high-end think tank, to give a lecture at the International Law Salon. The lecture was entitled Export Control of Dual-Use Items in International, EU and National Law: Unveiling Dichotomies. The lecture was presided over by Professor Nie Jianqiang, deputy director of the Institute of International Law. Professor Huang Zhixiong, deputy director, attended the lecture.
Because Machiko Kanetake's main research areas are the interaction between the UN Security Council's exercise of power and the domestic legal order, and the domestic application of non-binding international documents, the lecture mainly focused on military and civilian dual-use items in international law, EU law and domestic on the issue of control under the common cooperation of the law. Machiko first introduced the controversial nature of these chemicals with the introduction of sodium flouride from the United Kingdom in the Syrian conflict. These necessities that are closely related to our daily lives can actually be used for military purposes and put into armed conflict. For example, sodium fluoride can be used in the filtration of toothpaste and drinking water. At this level, it is a civilian property; it can also be used to make a chemical weapon, Sarin, resulting in a large area. Civilians (civilians), at this time it is a military nature. So how do you regulate the export of these chemical weapons? Machiko further enumerated international treaties and non-binding international documents governing chemical weapons, as well as relevant provisions of EU and national laws, such as the 1993 Chemical Weapons Convention and the Wassenaar Arrangement on Export. Controls for Conventional Arms and Dual-Use Good and Technologies). Machiko pointed out that at the international level, a series of treaties are aimed at restricting the transport of these dual-purpose chemicals across borders, and the regulation of domestic laws usually depends on the different policies of each country. But both internationally and domestically, it is committed to export control of dual-use items, which is also in line with the Wassenaar agreement, which is to achieve regional and international peace. However, merely discussing these regulations is not enough to solve the problems encountered in the practical application. More importantly, how to coordinate the consistency of the judgment and regulation of dual-use chemicals at the domestic and international levels. Machiko further mentioned the following key factors to consider to determine what dual-use chemicals were: (1) whether the use was for peace or non-peace; and (2) whether the use or export behavior was made by the state or not. Made by non-state actors; (3) whether the export territory was a sensitive area designated by the United Nations; (4) Whether restrictions on exports will hinder the economic development of a country and whether it will threaten international security. In terms of how to control the export of such dual-use chemicals, Machiko pointed out that the restrictions on these dual-use chemicals should balance the impact of a country's economic development on international security, and this measure determines reasonable regulation. The limits are extremely necessary.
After Machiko ended the wonderful lecture, the students who participated in the event had a positive interactive question and answer session. Everyone showed great interest in this topic, and the atmosphere was very warm.
(Written by Qiu Huixin)