Commentaries on Arms Control Treaties: The convention on the prohibition of the use, stockpiling, production, and transfer of anti-personnel mines and on their destruction
In September 1997, States meeting in Oslo adopted a new international legal instrument, the Convention on the Prohibition on the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction. Hailed as a breakthrough after the failure of negotiations held withinthe auspices of the United Nations to agree on a total ban on anti-personnel mines, the Convention entered into force in less than two years, and has already attracted more than 140 parties. Generally regarded as a hybrid of arms control and humanitarian law, it marked the culmination of many years of energetic campaigning by hundreds of organizations worldwide. Yet some of its core provisions remain the subject of contention, and major military powers remain outside its purview. Inaddition to offering a comprehensive interpretation of the Convention's provisions article by article, this commentary describes the development and use of anti-personnel mines, assesses their military utility, and reviews the legal antecedents to the Convention as well as the unusual negotiatingprocess that resulted in its adoption. An overview of the principles of treaty interpretation is provided for non-specialists, and extensive source material, including the various drafts of the Convention, are included as appendixes.
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The Development and Use of AntiPersonnel Mines
A Historical Overview of the Legal Regulation
The Negotiation of the AntiPersonnel
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1969 Vienna Convention 1993 Chemical Weapons accordance with Article adopted Amended Protocol anti anti-handling devices anti-personnel landmines Anti-Personnel Mine Ban anti-vehicle mines armed conflict Article 7 Report Ban Convention ban on anti-personnel Bosnia and Herzegovina Canada Chemical Weapons Convention civilians clearance commentary on Article compliance Conventional Weapons declared demining Depositary destroy Disarmament emplaced entry into force fact-finding mission Geneva Conventions GICHD Human Rights Watch ICBL ICRC implementation International Committee international humanitarian law international law jurisdiction or control Landmine Monitor Report Maputo military mined areas minefields negotiations non-governmental organizations obligations Oslo Diplomatic Conference Ottawa Convention Ottawa Process Ottawa Treaty paragraph participation Party undertakes personnel mines Production and Transfer programme proposal provisions Red Cross relevant Republic requested State Party Review Conference Second Austrian Draft Secretary-General Sept signatory Special Meeting Status and Operation stockpile destruction territory Third Austrian Draft tion transfer of anti-personnel treaty United Nations victim assistance