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The Arms Trade and International Law: Studies in International Law

Autor Zeray Yihdego
en Limba Engleză Hardback – 15 noi 2007
Shortlisted for the 2008 Young Authors Inner Temple Book PrizeThere are believed to be about 700 million small arms and light weapons (SALW) in the world, often contributing to highly destabilising security and other concerns in international law. SALW are the primary source of violations and abuses of humanitarian and human rights principles by states, rebels, terrorists and criminals. Many consider them the real weapons of mass destruction of our time, causing about half a million deaths annually. The unrestricted international transfer of SALW by states (99 states and 1000 companies involved in manufacturing and supply) is one of the major contributory and aggravating factors of this crisis; another is the illicit traffic in small arms. This book deals with the proliferation of SALW and their unregulated trade and transfer across borders. It addresses questions of definition, manufacturing, trade/transfer, and issues relating to state responsibility. The primary focus is on conventional small arms, in particular military-style weapons. The book tackles the core and most divisive legal problem of whether or not the laws relating to arms control and relevant norms of international law provide substantive restrictions upon the transfer of small arms by states. The application of the norms of international peace and security, non-intervention, humanitarian and human rights laws, and evolved relevant customary rules of arms control relating to these norms are considered particularly carefully. Questions of application and enforcement of relevant rules and institutional responses to the problem are also examined. The UN began considering an arms trade treaty in 2006; the publication of the book at this critical moment in time will make a positive contribution towards shaping the debate and aims to further enhance understanding in an area where close analysis is required.
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Specificații

ISBN-13: 9781841137469
ISBN-10: 1841137464
Pagini: 380
Dimensiuni: 156 x 234 x 30 mm
Greutate: 0.61 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Studies in International Law

Locul publicării:London, United Kingdom

Caracteristici

This book deals with the proliferation of SALW (small arms and light weapons) and their unregulated trade and transfer across borders. It addresses questions of definition, manufacturing, trade/transfer, and issues relating to state responsibility.

Notă biografică

Dr. Zeray Yihdego is a Research Fellow in Law at Oxford Brookes University; he earned a PhD. at Durham, an LL.M at Cambridge and an LLB (Hons) in Ethiopia. He has been teaching law in both Ethiopia and the United Kingdom and has served in the Ethiopian Federal Police and the Ethiopian Customs Authority at various levels.

Cuprins

PART IINTRODUCTION: FEATURES, DEFINITION AND MANUFACTURING OF SALW1 Introduction 2 Features and Definition of SALW: Associated Problems 2.1 FEATURES 2.1.1 Lethal Character 2.1.2 Accessibility 2.1.3 Suitability for Use 2.1.4 Durability 2.1.5 Versatility 2.1.6 SALW Comprises a Vast Range of Weapons 2.2 DEFINITION 2.2.1 Why is Definition Essential? 2.2.2 General Definition-SALW 2.2.2.1 Global Efforts 2.2.2.2 Regional Efforts 2.2.2.3 Domestic Legislation 2.2.2.4 Firearms Industries, NGOs and Writers 2.2.2.5 Conclusion on a General Definition 2.2.3 Ammunition and Explosives 2.2.4 Parts and Components 2.2.5 Conclusions 2.2.5.1 Problems 2.2.5.2 Perspectives 2.2.6 Appropriate Definition 3 Manufacturing of SALW: Associated Problems 3.1 DEFINITIONAL, FACTUAL AND MORAL ISSUES 3.2 CONCERNS AND LEGAL ISSUES 3.3 SUBSTANTIVE LIMITATIONS ON SALW MANUFACTURING3.3.1 The League of Nations and the United Nations 3.3.2 Treaties 3.3.3 Regional Efforts 3.3.3.1 The West African Moratorium 3.3.3.2 The OSCE and the EU 3.3.3.3 Conclusion 3.3.4 Domestic Legal Systems on SALW Manufacturing 3.3.5 NGOs 3.3.6 Conclusions 3.3 IS THERE A RULE OF SUBSTANTIVE LIMITATION? 3.3 CONCLUSIONS AND PROBLEMS PART IIINTERNATIONAL TRANSFERS OF SALW: SUBSTANTIVE LIMITATIONS AND PROBLEMS4 International Transfers of SALW: Introduction 4.1 USE OF TERMS, SCOPE, FACTS AND ISSUES 4.1.1 Use of Terms and Scope 4.1.2 Facts 4.1.3 Issues 4.2 GENERAL CONSIDERATIONS FOR SUBSTANTIVE LIMITATIONS4.2.1 Relevant General International Law Norms 4.2.2 Some Controversial Considerations 5 Adherence to the Peace and Security Legal Norm 5.1 ASPECTS OF INTERNATIONAL PEACE AND SECURITY5.2 EXPRESS PROHIBITIONS: TREATIES AND RESOLUTIONS5.3 EMERGING STATE PRACTICE: GLOBAL EFFORTS 5.4 REGIONAL INSTRUMENTS 5.5 DOMESTIC INSTRUMENTS 5.6 NGOS AND WRITERS 5.7 THE PEACE AND SECURITY NORM 5.8 CONCLUSIONS 6 Adherence to the Non-intervention Norm 6.1 TRANSFERS ONLY BY AND TO GOVERNMENTS OF STATE6.1.1 Global Efforts 6.1.2 Regional and National Efforts 6.1.3 The ICJ and Publicists on the Question 6.1.4 Position of NGOs 6.2 EXCEPTIONAL GOVERNMENT-TO-NSA TRANSFERS 6.2.1 Transfers to NLMs 6.2.2 Transfers to Special Entities 6.2.2.1 The Palestine Authority and the SALW Trade 6.2.2.2 Taiwan and the SALW Trade 6.2.3 Other Cases 6.3 THE NON-INTERVENTION RULE 6.4 CONCLUSION 7 Humanitarian Law (IHL) Limitations on SALW Transfers 7.1 IHL IN GENERAL 7.2 THE OBLIGATION TO RESPECT AND ENSURE RESPECT FOR IHL VIS-À-VIS SALW TRANSFERS7.2.1 IHL Standards for SALW Transfers 7.2.2 The Legal Background to the Standards 7.2.3 Actual or Potential Use Standard 7.2.3.1 Global Efforts 7.2.3.2 Regional and Security Organisations Efforts 7.2.3.3 Domestic Efforts 7.2.3.4 Cases, NGOs and Publicists 7.2.4 Excessive Availability Standard 7.2.5 Have Use and Availability Based Legal Rules Emerged?7.2.6 The Martens Clause and SALW Transfers 7.3 CONCLUSIONS AND PROBLEMS 8 International Human Rights Law (IHRL) Limitations on SALW Transfers8.1 IHRL IN GENERAL 8.2 THE DUTY OF STATES REGARDING THE USE OF FIREARMS8.3 ACTUAL OR POTENTIAL USE OF SALW AGAINST IHRL: A STANDARD FOR RESTRICTING TRANSFERS8.3.1 Global Efforts 8.3.2 Regional Efforts 8.3.3 Domestic Efforts 8.3.4 NGOs and Writers 8.3.5 The IHRL Rule of Transfers 8.4 CONCLUSIONS PART IIICONCLUSIONS9 State Responsibility and Arms Transfers: Some Reflections 10 Findings and Recommendations

Recenzii

...a well-researched catalogue of treaties, conventions, policies, and practices that explain the history of the arms trade and offer advice for the homogenization of SALW policy.
Zeray Yihdego has written an important and timely book that has the potential to influence important international processes in the immediate future...Yihdego's book is thorough and informative as he provides a substantial chapter of definitions and contextualization of small arms and light weapons and the issues pertaining to these weapons.
The book is unconventional in its approach and impressive in its richness in detail. The author deserves recognition for his careful analysis of a very large number of documents, at the global, regional and domestic levels.

Descriere

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