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1. Prohibitions and Export Assessment: Tracking Implementation of the Arms Trade Treaty

Author:
Tobias Vestner
Publication Date:
04-2019
Content Type:
Working Paper
Institution:
The Geneva Centre for Security Policy
Abstract:
This Geneva Paper shows that ATT states parties generally implement the ATT’s prohibitions set forth in Article 6 through national laws and policies. This paper also demonstrates that exporting states implement the ATT’s obligations regarding export assessment contained in Article 7 in many different ways. While the spectrum of how exporting states parties consider an arms exports’ potential effect on peace and security is very broad, their national frameworks contain similar or nearly identical export criteria on assessing the risk of arms being used for serious violations of international humanitarian law and international human rights law. Few states parties have national export criteria regarding terrorism, transnational organized crime and gender-based violence. States also consider national criteria other than those specified in Article 7 before authorizing arms exports, including positive consequences of arms exports. Finally, states parties’ national frameworks mostly do not define clear thresholds for denying arms exports. Given this divergence in states party implementation, in addition to a remaining lack of clarity on how states apply the ATT provisions in practice, this paper recommends reinforcing dialogue on ATT implementation. This could lead to better understanding and implementation guidance that strengthens the emergence of common standards and improves the quality of national export assessments. To increase states parties’ knowledge on risks to be avoided, institutionalizing cooperation with human rights bodies and establishing an ATT internal information exchange mechanism is also recommended.
Topic:
Arms Control and Proliferation, Treaties and Agreements, United Nations, and Arms Trade
Political Geography:
United Nations and Global Focus

2. The Arms Trade Treaty (ATT) and Asia’s major power defiance

Author:
Marc Finaud and Gaurav Sharma
Publication Date:
05-2019
Content Type:
Commentary and Analysis
Institution:
The Geneva Centre for Security Policy
Abstract:
Despite worldwide support of 130 states, the Arms Trade Treaty (ATT) has failed to attract membership from countries in Asia, one of the largest arms importing regions. One set of explanations for this reluctance to join an international regime of conventional arms trade regulation is related to the fear of restrictions on the imports of weapons seen as necessary in a context of protracted conflicts and rising tensions among key states in Asia. Another argument is the interpretation of the ATT as not directly prohibiting arms transfers to non-state actors, such as terrorist groups. Another reason is the efforts of some Asian states to develop their own arms industry and exports to reduce dependency on external suppliers and project influence in the region. One of the main criticisms from the Asian states about the ATT relates to the criteria of export risk assessment (Article 7), which, in their view, gives undue advantages to exporting countries. It would be desirable to promote some dialogue between State Parties and Asian non-parties and signatories to assess the benefits from and the difficulties in implementing the Treaty and address the objections of nonparties. Amending the Treaty will be easier if Asian countries accede to it.
Topic:
Security, Arms Control and Proliferation, Treaties and Agreements, Weapons, and Arms Trade
Political Geography:
Pakistan, China, South Asia, Indonesia, India, Asia, and Southeast Asia

3. Synergies between the Arms Trade Treaty and the Wassenaar Arrangement

Author:
Tobias Vestner
Publication Date:
05-2019
Content Type:
Commentary and Analysis
Institution:
The Geneva Centre for Security Policy
Abstract:
The Arms Trade Treaty and the Wassenaar Arrangement both seek to address the challenge posed by unconstrained transfer of conventional arms but differ in structure and approach. There are opportunities for synergies furthering the regimes’ common purpose. States members to both regimes can accentuate and interweave the strengths of the Arms Trade Treaty and the Wassenaar Arrangement. Transferring cutting-edge standards on export controls from the Wassenaar Arrangement to the Arms Trade Treaty would bolster the Arms Trade Treaty and foster global harmonization between exporting and importing countries. Political momentum on certain issues within the Arms Trade Treaty process may benefit the Wassenaar Arrangement’s further development. A derivative of the Wassenaar Arrangement’s regular ‘General Information Exchange’ on regions, transfers, and risky actors could be institutionalized within an Arms Trade Treaty working group. Sharing within the Wassenaar Arrangement information, concerns and practical challenges of states parties to the Arms Trade Treaty could make the Wassenaar Arrangement’s work more effective. Coordinating both regimes’ outreach activities, mentioning each other’s work and using each other’s documents for capacity building could mainstream arms transfer controls, prevent perceptions of conflicting standards as well as enable efficiencies regarding national efforts for compliance with international standards.
Topic:
Arms Control and Proliferation, Treaties and Agreements, Arms Trade, and Exports
Political Geography:
Global Focus