3 Chi J Intl L 519
Jamil Jaffer

This article discuses a major current problem with the Wassenaar Arrangement of Export Controls for Conventional Arms and Dual-Use Goods and Technologies, and offers potential solutions. The problem focused on is the Wassenaar Arrangement’s inability to effectively help prevent member nations from undercutting other member nations’ denials of export licenses. Once a state informs other members that it has denied an export, it does not have a chance to sway other members from taking advantage of the export opportunity before the goods or technologies in question are transferred. The implementation of a denial consultation mechanism to resolve this inadequacy is analyzed. Since this proposal has not received much support, an alternative approach, whereby the United States enters into bilateral agreements with those nations that share its views, is presented. It concludes that regardless of which approach is adopted, the system of controls must be made more effective.