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Commentaries on Arms Control Treaties

Commentaries on Arms Control Treaties Volume 1- The Convention on Prohibition of Use, Stockpiling, Production and Transfer of Anti-Personnel Mines (2nd edition)

Author: Stuart Maslen
Publisher: Oxford University Press
ISBN: 9780199287024
Published In: October 2005
Format: Paperback , 706 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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The first legal commentary of an international treaty governing conventional weapons
An authoritative interpretation of a treaty that resulted from years of campaigning by more than 1,000 organisations worldwide, including a campaign made famous by the late Princess of Wales

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 within the auspices of the United Nations to agree on a total ban on anti-personnel mines, the Convention entered into force in record time and has already attracted more than 125 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. In addition 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 negotiating process 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.

Readership: Military lawyers, diplomats, legal scholars, NGOs involved in advocacy.

Introduction
The Development and Use of Anti-Personnel Mines
The Military Utility of Anti-Personnel Mines
An Historical Overview of the Legal Regulation of Anti-Personnel Mines
The Negotiation of the Anti-Personnel Mine-Ban Convention
Commentary
The Title and Preamble of the Convention
General Obligations
Definitions
Exceptions
Destruction of Stockpiled Anti-Personnel Mines
Destruction of Anti-Personnel Mines in Mined Areas
International Cooperation and Assistance
Transparency Measures
Facilitation and Clarification of Compliance
National Implementation Measures
Final Clauses
Settlement of Disputes
Meetings of the States Parties
Review Conferences
Amendments
Costs
Signature
Ratification, Acceptance, Approval, or Accession
Entry into Force
Provisional Application
Reservations
Duration and Withdrawal
Depositary
Authentic Texts
Appendixes
1: Key Provisions of Treaty Interpretation
2: United Nations General Assembley Resolutions
3: Conference Declarations
4: Draft Treaty Texts
5: Oslo Diplomatic Conference Documentation
6: Meetings of the States Parties Documentation
7: Model for an Article 7 Report
8: List of States Parties and Signatories to the Convention
9: Declarations to the Convention
10: Anti-Personnel Mine Ban Convention