Towards A Universal Arms Trade Treaty

The Arms Trade Treaty (ATT), adopted in 2013 and in force since 24 December 2014, is the first international legally binding treaty to control the transfers of conventional arms. It aims to establish the highest possible common standards for regulating the international trade in these weapons to prevent and eradicate their illicit trade and to prevent diversion in order to contribute to regional and international peace, security and stability. The ATT does this by setting minimum standards that all countries should introduce and implement at the national level, such as comprehensive legislation, national control lists, case-by-case risk assessment of licence requests, and transparency measures. Since the adoption and entry into force of the Treaty, the goal of the international community has been twofold: to support the Treaty's implementation, and to promote its universalisation. This project aims to support universalisation of the Treaty by identifying barriers and obstacles (e.g. political, administrative, legal, budgetary, technical) to its ratification or accession, and by generating a set of proposals for actions to overcome these, be they at the national, regional or international level. As such, this project contributes to the goals of the United Nations Trust Facility Supporting Cooperation on Arms Regulation (UNSCAR), which include supporting the ratification of, or accession to, the ATT as well as improving the effectiveness of assistance.

The Arms Trade Treaty is the first universal disarmament treaty to control the export and import of all conventional arms. This commentary describes each provision of the Treaty, how it was negotiated, and the key challenges to its implementation.

This book provides a unique and comprehensive commentary on the Arms Trade Treaty adopted by the United Nations General Assembly in 2013, with several contributors having direct involvement in the negotation of the Treaty.

While the high profile trial of Viktor Bout in New York will show some of the threats the world continues to face from unscrupulous private arms brokers, it only provides a glimpse into a much larger problem. Skilled at operating in the shadows and exploiting weak national arms transfer controls, arms brokers have funneled arms to almost every country under a UN arms embargoes in the last 15 years, often fueling armed conflict and serious human rights violations. The US has worked on at least 70 US prosecutions in the last five years that have charged defendants with crimes related to illegal arms brokering. Yet, it continues to face difficulties in bringing arms brokers to justice and shutting down criminal networks. The lack of effective legal systems addressing the arms trade in many countries enables illicit arms dealers to exploit regulatory gaps and carry out their activities with impunity. The US and the world need an effective global Arms Trade Treaty to help close these gaps and stop the irresponsible trade in deadly weapons.

The Larcier Law Annotated series is a collection of texts, each concerning a specific topic. The purpose of the series is to provide readers with an in-depth overview of particular legal issues. This Law Annotated volume on the Arms Trade Treaty (ATT) is a detailed assessment of the negotiation, content, and implementation of the Treaty. The ATT, which entered into force on 24 December 2014, is focused on the regulation of the international trade in conventional arms and the prevention of unlawful uses of such arms as well as the illicit trade and its diversion. The purpose of this publication is to provide a comprehensive commentary to guide officials, diplomats, academics and others in the implementation of the Treaty. This volume provides a systematic analysis of each article of the Treaty drawing on the negotiating history, providing analysis of the obligations and setting out implementation issues. The book describes the object and purpose of the Treaty, what are the conventional arms, ammunition/munitions and parts and components that are subject to its provisions, the prohibitions and other obligations of States Parties related to imports, exports, transit, trans-shipment, and brokering activities within their jurisdiction. Also addressed are the enforcement and other measures required by the Treaty, and the procedures for international cooperation and assistance.

"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." -- Publisher's website.

The UN Arms Trade Treaty (ATT), in force since December 2014, is a landmark arms control achievement and one with potentially remarkable implications across policy areas. One of the most promising is its possible wider impact on development and the achievement of the Millennium Development Goals (MDGs). This paper analyses the benefits that countries can draw from joining the ATT in terms of reducing the negative consequences of armed violence and promoting sustainable development. It highlights the treaty's potential and limitations across policy areas and in cases like Syria, where hypothetically it could have made some difference by affecting countries' arms transfer decisions, but where it still would not have been able to prevent all the unforeseen implications of the conflict and resulting insecurity. As the first treaty of its kind, the ATT can potentially help states to start making a significant difference in their arms exports and imports to ensure that they are compatible with development goals. For this to be achieved, the ATT needs to gain as close to universal adoption as possible and demonstrate that it can contribute to everyone's wellbeing, from supporting responsible defence capabilities to protecting vulnerable sections of society against atrocities committed with illegally or irresponsibly traded weapons. The ATT has much to offer to the development agenda, and vice versa. It is in the interest of all states to join the treaty to ensure a safer, more secure and prosperous future for all.

This book deals with the proliferation of SALW and their unregulated trade and transfer across borders.