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- International Law and Human Rights - Parliamentarians for Global Action
- International Law and Human Rights
- Current Issue: Volume 11, Issue 2 (2015)
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. In particular, this book carefully considers 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. Questions of application and enforcement of relevant rules and institutional responses to the problem are also examined.
Given the compelling evidence, UK arms export policy urgently needs to change, says Shavana Musa. This is more than likely a subsidiary point to the primary financial benefit the country receives as a result.
These weapons, however, have been found to play a key role in the conflict in Yemen. The UN High Commissioner for Human Rights has reported at least 3, civilian deaths and 6, civilian injuries, acknowledging breaches of international law. Medical units and establishments were attacked and there was evidence of severe violations of international humanitarian law and the commission of war crimes by UK-sold arms.
In selling weapons to Saudi Arabia which have been used in the Yemen conflict the UK has, in my view, not only violated national and EU law, but also international laws including the first global Arms Trade Treaty. States Parties are encouraged to cooperate, pursuant to their national laws, in order to assist national implementation of the provisions of this Treaty, including through sharing information regarding illicit activities and actors and in order to prevent and eradicate diversion of conventional arms covered under Article 2 1.
States Parties shall, where jointly agreed and consistent with their national laws, afford one another the widest measure of assistance in investigations, prosecutions and judicial proceedings in relation to violations of national measures established pursuant to this Treaty. States Parties are encouraged to take national measures and to cooperate with each other to prevent the transfer of conventional arms covered under Article 2 1 becoming subject to corrupt practices.
States Parties are encouraged to exchange experience and information on lessons learned in relation to any aspect of this Treaty. In implementing this Treaty, each State Party may seek assistance including legal or legislative assistance, institutional capacity-building, and technical, material or financial assistance. Such assistance may include stockpile management, disarmament, demobilization and reintegration programmes, model legislation, and effective practices for implementation. Each State Party in a position to do so shall provide such assistance, upon request.
Each State Party may request, offer or receive assistance through, inter alia, the United Nations, international, regional, subregional or national organizations, non-governmental organizations, or on a bilateral basis. A voluntary trust fund shall be established by States Parties to assist requesting States Parties requiring international assistance to implement this Treaty. Each State Party is encouraged to contribute resources to the fund. A Conference of States Parties shall be convened by the provisional Secretariat, established under Article 18, no later than one year following the entry into force of this Treaty and thereafter at such other times as may be decided by the Conference of States Parties.
The Conference of States Parties shall adopt by consensus its rules of procedure at its first session.
International Law and Human Rights - Parliamentarians for Global Action
The Conference of States Parties shall adopt financial rules for itself as well as governing the funding of any subsidiary bodies it may establish as well as financial provisions governing the functioning of the Secretariat. At each ordinary session, it shall adopt a budget for the financial period until the next ordinary session. Extraordinary meetings of the Conference of States Parties shall be held at such other times as may be deemed necessary by the Conference of States Parties, or at the written request of any State Party provided that this request is supported by at least two-thirds of the States Parties.
This Treaty hereby establishes a Secretariat to assist States Parties in the effective implementation of this Treaty. Pending the first meeting of the Conference of States Parties, a provisional Secretariat will be responsible for the administrative functions covered under this Treaty. The Secretariat shall be adequately staffed.
International Law and Human Rights
Staff shall have the necessary expertise to ensure that the Secretariat can effectively undertake the responsibilities described in paragraph 3. The Secretariat shall be responsible to States Parties.
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Within a minimized structure, the Secretariat shall undertake the following responsibilities:. States Parties shall consult and, by mutual consent, cooperate to pursue settlement of any dispute that may arise between them with regard to the interpretation or application of this Treaty including through negotiations, mediation, conciliation, judicial settlement or other peaceful means. States Parties may pursue, by mutual consent, arbitration to settle any dispute between them, regarding issues concerning the interpretation or application of this Treaty.
Six years after the entry into force of this Treaty, any State Party may propose an amendment to this Treaty. Thereafter, proposed amendments may only be considered by the Conference of States Parties every three years. Any proposal to amend this Treaty shall be submitted in writing to the Secretariat, which shall circulate the proposal to all States Parties, not less than days before the next meeting of the Conference of States Parties at which amendments may be considered pursuant to paragraph 1. The amendment shall be considered at the next Conference of States Parties at which amendments may be considered pursuant to paragraph 1 if, no later than days after its circulation by the Secretariat, a majority of States Parties notify the Secretariat that they support consideration of the proposal.
The States Parties shall make every effort to achieve consensus on each amendment. If all efforts at consensus have been exhausted, and no agreement reached, the amendment shall, as a last resort, be adopted by a three-quarters majority vote of the States Parties present and voting at the meeting of the Conference of States Parties. For the purposes of this Article, States Parties present and voting means States Parties present and casting an affirmative or negative vote.
The Depositary shall communicate any adopted amendment to all States Parties. An amendment adopted in accordance with paragraph 3 shall enter into force for each State Party that has deposited its instrument of acceptance for that amendment, ninety days following the date of deposit with the Depositary of the instruments of acceptance by a majority of the number of States Parties at the time of the adoption of the amendment.
Thereafter, it shall enter into force for any remaining State Party ninety days following the date of deposit of its instrument of acceptance for that amendment. This Treaty is subject to ratification, acceptance or approval by each signatory State. Following its entry into force, this Treaty shall be open for accession by any State that has not signed the Treaty. The instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary.
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This Treaty shall enter into force ninety days following the date of the deposit of the fiftieth instrument of ratification, acceptance or approval with the Depositary. For any State that deposits its instrument of ratification, acceptance, approval or accession subsequent to the entry into force of this Treaty, this Treaty shall enter into force for that State ninety days following the date of deposit of its instrument of ratification, acceptance, approval or accession.
Current Issue: Volume 11, Issue 2 (2015)
Any State may at the time of signature or the deposit of its instrument of ratification, acceptance, approval or accession, declare that it will apply provisionally Article 6 and Article 7 pending the entry into force of this Treaty for that State. Each State Party shall, in exercising its national sovereignty, have the right to withdraw from this Treaty. It shall give notification of such withdrawal to the Depositary, which shall notify all other States Parties.
The notification of withdrawal may include an explanation of the reasons for its withdrawal. The notice of withdrawal shall take effect ninety days after the receipt of the notification of withdrawal by the Depositary, unless the notification of withdrawal specifies a later date. A State shall not be discharged, by reason of its withdrawal, from the obligations arising from this Treaty while it was a Party to this Treaty, including any financial obligations that it may have accrued.
At the time of signature, ratification, acceptance, approval or accession, each State may formulate reservations, unless the reservations are incompatible with the object and purpose of this Treaty. A State Party may withdraw its reservation at any time by notification to this effect addressed to the Depositary. The implementation of this Treaty shall not prejudice obligations undertaken by States Parties with regard to existing or future international agreements, to which they are parties, where those obligations are consistent with this Treaty.
This Treaty shall not be cited as grounds for voiding defence cooperation agreements concluded between States Parties to this Treaty.
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