The Arms Trade Treaty: A CommentaryThe United Nations Arms Trade Treaty became binding international law in late 2014, and although the text of the treaty is a relatively concise framework for assessing whether to authorize or deny proposed conventional weapons transfers by States Parties, there exists controversy as to the meaning of certain key provisions. Furthermore, the treaty requires a national regulatory body to authorize proposed transfers of conventional weapons covered by the treaty, but does not detail how such a body should be established and how it should effectively function. The Arms Trade Treaty: A Commentary explains in detail each of the treaty provisions, the parameters for prohibitions or the denial of transfers, international cooperation and assistance, and implementation obligations and mechanisms. As states ratify and implement the Treaty over the next few years, the commentary provides invaluable guidance to government officials, commentators, and scholars on the meaning of its contentious provisions. This volume describes in detail which weapons are covered by the treaty and explains the different forms of transfer that the Arms Trade Treaty regulates. It covers international human rights, trade, disarmament, humanitarian law, criminal law, and state-to-state use of force, as well as the application of the treaty to non-state actors. |
Contents
Introduction | 1 |
The Title of the Treaty | 14 |
The Preamble | 17 |
The Principles | 33 |
Article 1 Object and Purpose | 41 |
Article 2 Scope | 58 |
Article 3 AmmunitionMunitions | 137 |
Article 4 Parts and Components | 155 |
Article 15 International Cooperation | 400 |
Article 16 International Assistance | 419 |
Article 17 Conference of States Parties | 435 |
Article 18 Secretariat | 442 |
Article 19 Dispute Settlement | 446 |
Article 20 Amendments | 449 |
Article 21 Signature Ratification Acceptance Approval or Accession | 452 |
Article 22 Entry into Force | 454 |
Article 5 General Implementation | 164 |
Article 6 Prohibitions | 177 |
Article 7 Export and Export Assessment | 244 |
Article 8 Import | 286 |
Article 9 Transit or TransShipment | 304 |
Article 10 Brokering | 330 |
Article 11 Diversion | 342 |
Article 12 RecordKeeping | 366 |
Article 13 Reporting | 379 |
Article 14 Enforcement | 396 |
Article 23 Provisional Application | 456 |
Article 24 Duration and Withdrawal | 460 |
Article 25 Reservations | 462 |
Article 26 Relationship with Other International Agreements | 465 |
Article 27 Depositary | 469 |
Article 28 Authentic Texts | 471 |
The Adoption of the Treaty | 472 |
473 | |
491 | |
Other editions - View all
The Arms Trade Treaty: A Commentary Andrew Clapham,Stuart Casey-Maslen,Gilles Giacca,Sarah Parker Limited preview - 2016 |
The Arms Trade Treaty: A Commentary Andrew Clapham,Stuart Casey-Maslen,Gilles Giacca,Sarah Parker Limited preview - 2016 |
Common terms and phrases
adopted aircraft ammunition ammunition/munitions apply armed conflict arms and light Arms Trade Treaty arms transfers Article 2(1 assistance authorization brokering calibre Chair’s Draft Paper civilian co-operation Commentary committed components context conventional arms covered covered under Article crimes against humanity defined definition Disarmament Discussions and Negotiations draft text end user entry into force export assessment exporting state party Geneva Conventions genocide guns human rights Ibid illicit import International Criminal Court international humanitarian law international law jurisdiction launchers light weapons MANPADS military missiles Munitions national control system national laws obligation party’s Preparatory Discussions President’s Non-Paper prohibited provision reference Register of Conventional regulate relevant rifles risk scope Secretariat Security Council serious violations small arms state’s term territory tion trade in conventional transfer of conventional transit and trans-shipment transit or trans-shipment UN Charter UN General Assembly United Nations UNROCA violence war crimes Wassenaar Arrangement