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

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Oxford University Press, 2004 - Law - 522 pages
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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Contents

The Development and Use of AntiPersonnel Mines
2
A Historical Overview of the Legal Regulation
14
The Negotiation of the AntiPersonnel
21
Copyright

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About the author (2004)


Stuart Maslen is a Consultant on Humanitarian Affairs. He was a Member of the UNICEF delegation to the First Review Conference of the 1980 Convention on Certain Conventional Weapons, 1995-1996, and a Member of the International Committee of the Red Cross delegation to the Diplomatic Conference on a Total Global Ban on Anti-Personnel Landmines, in Oslo, September 1997.

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