Arms Trade Treaty

International Legal Research

Information about Arms Trade Treaty in free legal resources:

Treaties & Agreements

International Organizations

Jurisprudence $ Commentary

European Union

IP Law

Arms Trade Treaty

Arms Trade Treaty in 2011

United States views on international law (based on the document “Digest of U.S. Practice in International Law”): In 2009, Secretary Clinton announced U.S. support for negotiation of an Arms Trade Treaty to establish common international standards for the import, export, and transfer of conventional arms to help prevent the acquisition of arms by terrorists, criminals, and those who violate human rights or are subject to United Nations arms embargoes. see this world legal encyclopedia in relation with the year 2009 at 790-91. A conference to negotiate the treaty will occur from July 2-22, 2012 at United Nations Headquarters in New York. On October 17, 2011, U.S. Ambassador to the Conference on Disarmament Laura Kennedy delivered a statement on the Arms Trade Treaty in a session of the United Nations General Assembly's First Committee. Excerpts from her statement appear below. The full text of the statement is available at (internet link) state.gov/s/l/c8183.htm.

Developments

The discussions on the Arms Trade Treaty have covered a very wide range of issues and put forth myriad proposals for elements to include in a Treaty. These ideas are not all compatible, and certainly are not all universally agreed. However, I think the discussions have revealed an underlying agreement on the basic objectives of an Arms Trade Treaty, and that the United States joins in that fundamental agreement.

To reiterate what my government has said throughout these discussions, “The United States is prepared to work hard for a strong international standard…to ensure that all countries can be held to standards [in the international transfer of arms] that will actually improve the global situation.” We recognize that the core concerns of this situation cannot be legislated by any Treaty, but rather are a matter of national enforcement. That is why we believe the Treaty does not have the luxury of delving into “how” member states will enact and enforce the necessary mechanisms and criteria to make it more difficult for those who would abuse arms to obtain them, but rather to concentrate on “what” needs to be the effect of the national implementation that is the core of the negotiations.

The United States continues to remind all that we need to remember this is not an arms control or disarmament Treaty we are going to negotiate—it is a trade regulation treaty. The nationally considered and approved international transfer of arms is a legitimate activity, and this Treaty should not unduly hinder such legitimate transactions. The value we intend to add to the international system is the legal requirement for each member state to regulate such transactions on a national basis, carefully taking into consideration applicable agreed-upon standards.

Details

Fortunately, the nature of what we will be about lends itself to the kind of “bare-bones” approach that will be required to achieve success. As I implied earlier, it will not be necessary … for an ATT to spell out all the details of national implementation. That properly should be left to each state. What the ATT will need to specify is the unflinching requirement that each state take unto itself the obligation to ensure that international transfers are only made on the basis of national decisions, not on the basis of a quick under-the-counter profit by an individual merchant or broker. Each state will need to consider carefully the impact of a proposed transfer, as well as the likelihood that any transfer, once it leaves the originating state may be diverted to some other more nefarious purpose, and how to control or deny support for such diverting activity. The scope of required regulation should be clear, though its specifics can be left to national implementation. And the Conference must be unequivocal in making enforcement of the Treaty's provisions a national, rather than international or multilateral, responsibility of each State Party. Each State Party will need to report to other State Parties on the actions that it is taking to implement the Treaty—details on the national control system that it has in place and on changes to that system as well as information on covered items transferred pursuant to the provisions of the treaty.

Arms Trade Treaty in 2013

United States views on international law [1] in relation to Arms Trade Treaty: In 2013, the United States continued to support the conclusion of the UN Arms Trade Treaty. For background on progress on the treaty in 2012, see this world legal encyclopedia (in relation to issues that took place in the year 2012) at 674-79. Secretary Kerry issued a press statement in advance of the Final UN Conference on the Arms Trade Treaty, convened in New York March 18-28, with the aim of reaching consensus on the treaty. His statement, excerpted below, is available at (Secretary of State website) state.gov/secretary/remarks/2013/03/206323.htm.

Some Aspects of Arms Trade Treaty

The United States looks forward to working with our international partners at the upcoming conference from March 18-28 to reach consensus on an Arms Trade Treaty that advances global security and respects national sovereignty and the legitimate arms trade. We supported and actively participated in negotiations on an Arms Trade Treaty held at the United Nations in July 2012. Those negotiations made considerable progress, but ended before a treaty could be concluded. Accordingly, the United States supported a UN General Assembly resolution December 24, 2012 to convene the conference this month to build on those efforts.

Developments

The United States is steadfast in its commitment to achieve a strong and effective Arms Trade Treaty that helps address the adverse effects of the international arms trade on global peace and stability. An effective treaty that recognizes that each nation must tailor and enforce its own national export and import control mechanisms can generate the participation of a broad majority of states, help stem the illicit flow of conventional arms across international borders, and have important humanitarian benefits.

Details

The United States could only be party to an Arms Trade Treaty that addresses international transfers of conventional arms solely and does not impose any new requirements on the U.S. domestic trade in firearms or on U.S. exporters. We will not support any treaty that would be inconsistent with U.S. law and the rights of American citizens under our Constitution, including the Second Amendment.

More

While the international arms trade affects every country, over one hundred states today do not have a system for control of international conventional arms transfers. We support a treaty that will bring all countries closer to existing international best practices, which we already observe, while preserving national decisions to transfer conventional arms responsibly. The international conventional arms trade is, and will continue to be, a legitimate commercial activity. But responsible nations should have in place control systems that will help reduce the risk that a transfer of conventional arms will be used to carry out the world's worst crimes, including those involving terrorism, and serious human rights violations.

More

I wish the conference well and hope that we can reach consensus on a treaty that improves global security, advances our humanitarian goals, and enhances U.S. national security by encouraging all nations to establish meaningful systems and standards for regulating international arms transfers and ensuring respect for international law.

Arms Trade Treaty in 2013

United States views on international law [1] in relation to Arms Trade Treaty: On September 25, 2013, the United States signed the Arms Trade Treaty (“ATT”), joining 114 other States that had signed by that date. The ATT requires States Parties to regulate international transfers of conventional arms, with the ultimate goal of preventing illicit trade and fostering international peace and security. See Chapter 19.J. for further discussion of the negotiation and conclusion of the Arms Trade Treaty.

Arms Trade Treaty in 2013 (Continuation)

United States views on international law [1] in relation to Arms Trade Treaty: Remarks by Assistant Secretary Countryman at the plenary session of the conference on March 25, 2013 are available at (Secretary of State website) state.gov/t/isn/rls/rm/2013/206668.htm. Mr. Countryman also held an on-therecord conference call with the media on March 28, 2013, which is available at (Secretary of State website) state.gov/t/isn/rls/rm/2013/206806.htm. Although the conference did not reach consensus, the UN General Assembly adopted the text of the Arms Trade Treaty that was produced by the conference on April 2, 2013. Secretary Kerry issued a press statement that same day, welcoming the adoption of the Arms Trade Treaty. The press statement is excerpted below and available at (Secretary of State website) state.gov/secretary/remarks/2013/04/206982.htm.

More about Arms Trade Treaty

The United States is pleased that the United Nations General Assembly has approved a strong, effective and implementable Arms Trade Treaty that can strengthen global security while protecting the sovereign right of states to conduct legitimate arms trade.

Development

The Treaty adopted today will establish a common international standard for the national regulation of the international trade in conventional arms and require all states to develop and implement the kind of systems that the United States already has in place. It will help reduce the risk that international transfers of conventional arms will be used to carry out the world's worst crimes, including terrorism, genocide, crimes against humanity, and war crimes. At the same time, the treaty preserves the principle that the international conventional arms trade is, and will continue to be, a legitimate commercial activity that allows nations to acquire the arms they need for their own security.

Details

By its own terms, this treaty applies only to international trade, and reaffirms the sovereign right of any State to regulate arms within its territory. As the United States has required from the outset of these negotiations, nothing in this treaty could ever infringe on the rights of American citizens under our domestic law or the Constitution, including the Second Amendment.

More

Ambassador Rosemary A. DiCarlo, U.S. Deputy Permanent Representative to the UN, also delivered a statement at the UN General Assembly Meeting on the Arms Trade Treaty on April 2, 2013. Her statement, available at (link resource) usun.state.gov/briefing/statements/207006.htm, is excerpted below.

Arms Trade Treaty

In relation to the international law practice and arms trade treaty in this world legal Encyclopedia, please see the following section:

Arms Control, Disarmament, and Nonproliferation

Note: there is detailed information and resources under these topics during the year 2013, covered by this entry on arms trade treaty in this law Encyclopedia.

Arms Trade Treaty

In relation to the international law practice and Arms Trade Treaty in this world legal Encyclopedia, please see the following section:

Use of Force, Arms Control, Disarmament, Nonproliferation

About this subject:

Nonproliferation, Arms Control, and Disarmament

. Note: there is detailed information and resources, in relation with these topics during the year 2011, covered by the entry, in this law Encyclopedia, about Arms Embargoes

Resources

See Also

  • Use Of Force
  • Arms Control
  • Disarmament
  • Nonproliferation
  • Arms Trade
  • Treaties

Resources

Notes

  1. Arms Trade Treaty in the Digest of United States Practice in International Law

Resources

Notes

  1. Arms Trade Treaty in the Digest of United States Practice in International Law

Resources

Notes

  1. Arms Trade Treaty in the Digest of United States Practice in International Law

Leave a Comment