Law International Law

The Arms Trade Treaty: A Commentary

Edited by Andrew Clapham · Stuart Casey-Maslen · Gilles Giacca · Sarah Parker
Oxford University Press June 2016

Specifications

ISBN-13
9780198723523
Publisher
Oxford University Press
Publication
June 2016
Format
Hardback
Jurisdiction
International ? Countri(es) for reference only

Details

The 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.

Table of Contents

INTRODUCTION
The international trade in conventional arms: trends and dynamics
The impact of illicit and unregulated trade in conventional arms
A historical overview of the legal regulation of the trade in conventional weapons
Preliminary discussions
Preparatory Committees
The negotiation of the Arms Trade Treaty
Adoption and Entry into force of the ATT

COMMENTARY
The Title
The Preamble and Principles of the ATT
Core Provisions
Final Clauses

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