Access the full text.
Sign up today, get DeepDyve free for 14 days.
References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.
The General Assembly of the United Nations (UNGA) adopted the Arms Trade Treaty (ATT) on 2 April 2013, which entered into force on 24 December 2014. The process towards the adoption of the ATT draws the attention of the international disarmament community because the negotiation of the ATT failed to agree on the treaty text twice at diplomatic conferences, due to its rigid consensus rule before the adoption of the ATT by vote in the UNGA. This study first describes the ATT negotiation as an example of international law-making process, especially from three cardinal viewpoints: (i) the decision-making by consensus stipulated in its rules of procedure; (ii) the role of the UNGA in the adoption of the ATT; and (iii) the contribution of the NGOs to the treaty negotiation. This article further examines the result of the negotiation, the agreed text of the ATT, focusing on the act transfer, which is the key concept of the ATT. This analysis includes the comparative studies of the precedents set by other disarmament treaties and also other issues related to the act of transfer in the ATT. One of the interesting issues is the language of safeguards contained in the clause for the act of transfer, which is also regarded as a loophole along with the ambiguity in the ATT. Consequently, this article concludes that the language of safeguards and the ambiguity in the ATT are necessary evils for the universalisation of the ATT and it also proposes possible solutions in the quest for effective control of arms transfer through the ATT.
Journal of Conflict and Security Law – Oxford University Press
Published: Jul 9, 2015
Read and print from thousands of top scholarly journals.
Already have an account? Log in
Bookmark this article. You can see your Bookmarks on your DeepDyve Library.
To save an article, log in first, or sign up for a DeepDyve account if you don’t already have one.
Copy and paste the desired citation format or use the link below to download a file formatted for EndNote
Access the full text.
Sign up today, get DeepDyve free for 14 days.
All DeepDyve websites use cookies to improve your online experience. They were placed on your computer when you launched this website. You can change your cookie settings through your browser.