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The Arms Trade and International Law

The Arms Trade and International Law

Author: Zeray Yihdego
Publisher: Hart Publishing
ISBN: 9781841137469
Published In: November 2007
Format: Hardback , 380 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Shortlisted for the Inner Temple Book Prize 2008: Young Authors' Prize

There are believed to be about 700 million small arms and light weapons (SALW) in the world, often contributing to highly destabilising security and other concerns in international law. SALW are the primary source of violations and abuses of humanitarian and human rights principles by states, rebels, terrorists and criminals. Many consider them the real weapons of mass destruction of our time, causing about half a million deaths annually.

The unrestricted international transfer of SALW by states (99 states and 1000 companies involved in manufacturing and supply) is one of the major contributory and aggravating factors of this crisis; another is the illicit traffic in small arms. This book deals with the proliferation of SALW and their unregulated trade and transfer across borders. It addresses questions of definition, manufacturing, trade/transfer, and issues relating to state responsibility. The primary focus is on conventional small arms, in particular military-style weapons.

The book tackles the core and most divisive legal problem of whether or not the laws relating to arms control and relevant norms of international law provide substantive restrictions upon the transfer of small arms by states. The application of the norms of international peace and security, non-intervention, humanitarian and human rights laws, and evolved relevant customary rules of arms control relating to these norms are considered particularly carefully.

Questions of application and enforcement of relevant rules and institutional responses to the problem are also examined. The UN began considering an arms trade treaty in 2006; the publication of the book at this critical moment in time will make a positive contribution towards shaping the debate and aims to further enhance understanding in an area where close analysis is required.

Dr. Zeray Yihdego is a Research Fellow in Law at Oxford Brookes University; he earned a PhD. at Durham, an LL.M at Cambridge and an LLB (Hons) in Ethiopia. He has been teaching law in both Ethiopia and the United Kingdom and has served in the Ethiopian Federal Police and the Ethiopian Customs Authority at various levels.

...a well-researched catalogue of treaties, conventions, policies, and practices that explain the history of the arms trade and offer advice for the homogenization of SALW policy.
Shawn Pelsinger
Journal of International Law and Politics
Vol 40:3

Zeray Yihdego has written an important and timely book that has the potential to influence important international processes in the immediate future...Yihdego's book is thorough and informative as he provides a substantial chapter of definitions and contextualization of small arms and light weapons and the issues pertaining to these weapons.
Hilde Wallacher
Journal of Peace Research
Volume 46, Number 5, September 2009

The book is unconventional in its approach and impressive in its richness in detail. The author deserves recognition for his careful analysis of a very large number of documents, at the global, regional and domestic levels.
Dr G.R. den Dekker
Netherlands International Law Review
2009