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.

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.

The United Nations's groundbreaking Arms Trade Treaty (ATT), which went into effect in 2014, sets legally binding standards to regulate global arms exports and reflects the growing concerns toward the significant role that small and major conventional arms play in perpetuating human rights violations, conflict, and societal instability worldwide. Many countries that once staunchly opposed shared export controls and their perceived threat to political and economic autonomy are now beginning to embrace numerous agreements, such as the ATT and the EU Code of Conduct. Jennifer L. Erickson explores the reasons top arms-exporting democracies have put aside past sovereignty, security, and economic worries in favor of humanitarian arms transfer controls, and she follows the early effects of this about-face on export practice. She begins with a brief history of failed arms export control initiatives and then tracks arms transfer trends over time. Pinpointing the normative shifts in the 1990s that put humanitarian arms control on the table, she reveals that these states committed to these policies out of concern for their international reputations. She also highlights how arms trade scandals threaten domestic reputations and thus help improve compliance. Using statistical data and interviews conducted in France, Germany, Belgium, the United Kingdom, and the United States, Erickson challenges existing IR theories of state behavior while providing insight into the role of reputation as a social mechanism and the importance of government transparency and accountability in generating compliance with new norms and rules.

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 multi-billion dollar business of the international conventional arms trade involves virtually every country in the world. Around the globe, people's lives are being irrevocably changed by the effects of guns, tanks, and missiles. These weapons have the potential to cause a deadly and current threat - one responsible for hundreds of thousands of deaths a year. This succinct and accessible new book explores the complexities and realities of the global conventional weapons trade. The first book on the subject in nearly a decade, The International Arms Trade provides an engaging introduction to the trade, the effects, and the consequences of these weapons. The authors trace the history of the arms trade and examine how it has evolved since the end of the Cold War. In particular, they assess the role of the largest arms exporters and importers, the business of selling conventional arms around the world, and shed new light on the illicit arms trade and the shadowy dealers who profit from their deadly commerce. The book also looks closely at the devastating effect the business can have on countries, societies, and individuals and concludes with an evaluation of the various existing control strategies and the potential for future control opportunities. The International Arms Trade will be invaluable for students and scholars of international relations and security studies, and for policymakers and anyone interested in understanding more about the conventional arms trade.

Rose Gottemoeller, the US chief negotiator of the New START treaty-and the first woman to lead a major nuclear arms negotiation-delivers in this book an invaluable insider's account of the negotiations between the US and Russian delegations in Geneva in 2009 and 2010. It also examines the crucially important discussions about the treaty between President Barack Obama and President Dmitry Medvedev, and it describes the tough negotiations Gottemoeller and her team went through to gain the support of the Senate for the treaty. And importantly, at a time when the US Congress stands deeply divided, it tells the story of how, in a previous time of partisan division, Republicans and Democrats came together to ratify a treaty to safeguard the future of all Americans. Rose Gottemoeller is uniquely qualified to write this book, bringing to the task not only many years of high-level experience in creating and enacting US policy on arms control and compliance but also a profound understanding of the broader politico-military context from her time as NATO Deputy Secretary General. Thanks to her years working with Russians, including as Director of the Carnegie Moscow Center, she provides rare insights into the actions of the Russian delegation-and the dynamics between Medvedev and then-Prime Minister Vladmir Putin. Her encyclopedic recall of the events and astute ability to analyze objectively, while laying out her own thoughts and feelings at the time, make this both an invaluable document of record-and a fascinating story. In conveying the sense of excitement and satisfaction in delivering an innovative arms control instrument for the American people and by laying out the lessons Gottemoeller and her colleagues learned, this book will serve as an inspiration for the next generation of negotiators, as a road map for them as they learn and practice their trade, and as a blueprint to inform the shaping and ratification of future treaties. This book is in the Rapid Communications in Conflict and Security (RCCS) Series (General Editor: Dr. Geoffrey R.H. Burn) and has received much praise, including: “As advances in technology usher in a new age of weaponry, future negotiators would benefit from reading Rose Gottemoeller’s memoir of the process leading to the most significant arms control agreement of recent decades.” —Henry Kissinger, former U.S. Secretary of State “Rose Gottemoeller’s book on the New START negotiations is the definitive book on this treaty or indeed, any of the nuclear treaties with the Soviet Union or Russia. These treaties played a key role in keeping the hostility between the United States and the Soviet Union from breaking out into a civilization-ending war. But her story of the New START negotiation is no dry academic treatise. She tells with wit and charm the human story of the negotiators, as well as the critical issues involved. Rose’s book is an important and well-told story about the last nuclear treaty negotiated between the US and Russia.” —William J. Perry, former U.S. Secretary of Defense “This book is important, but not just because it tells you about a very significant past, but also because it helps you understand the future.” — George Shultz, former U.S. Secretary of State

The Shadow World presents the behind-the-scenes tale of the global arms trade, exposing in forensic detail the deadly collusion that too often exists among senior politicians, weapons manufacturers, felonious arms dealers, and the military--a situation that compromises our security and undermines our democracy. Now a major PBS documentary "An authoritative guide to the business of war. Chilling, heartbreaking, and enraging."--Arundhati Roy Andrew Feinstein reveals the cover-ups behind a range of weapons deals, from the largest in history--between the British and Saudi governments---to the guns-for-diamonds deals in Africa and the current $60 billion U.S. weapons contract with Saudi Arabia. Based on pathbreaking reporting and unprecedented access to top-secret information, The Shadow World takes us into a clandestine realm that is as vitally important as it is shocking.

2. The use of nuclear weapons as a potential war crime

The United Nations Register of Conventional Arms was founded when inter-State warfare had, for a long time, been considered the main threat to peace and security. It focuses on transfers of those major conventional weapons that typically can be used in offensive military operations carried out across international borders. This publication offers historical information on the Register as a tool of transparency, as well as points to possibilites for its future development. It also presents facts and figures related to the Register in convenient statistical graphs.

Aside from self-defence, a UN Security Council authorisation under Chapter VII is the only exception to the prohibition on the use of force. Authorisation of the use of force requires the Security Council to first determine whether that situation constitutes a ‘threat to the peace’ under Article 39. The Charter has long been interpreted as placing few bounds around how the Security Council arrives at such determinations. As such commentators have argued that the phrase ‘threat to the peace’ is undefinable in nature and lacking in consistency. Through a critical discourse analysis of the justificatory discourse of the P5 surrounding individual decisions relating to ‘threat to the peace’ (found in the meeting transcripts), this book demonstrates that each P5 member has a consistent definition and understanding of what constitutes a ‘threat to the peace’.