The Arms Trade and States' Duty to Ensure Respect for Humanitarian and Human Rights Law

Publikation: Bidrag til tidsskriftTidsskriftartikelfagfællebedømt

Standard

The Arms Trade and States' Duty to Ensure Respect for Humanitarian and Human Rights Law. / Brehm, Maya.

I: Journal of Conflict and Security Law, Bind 12, Nr. 3, 2007, s. 21-50.

Publikation: Bidrag til tidsskriftTidsskriftartikelfagfællebedømt

Harvard

Brehm, M 2007, 'The Arms Trade and States' Duty to Ensure Respect for Humanitarian and Human Rights Law', Journal of Conflict and Security Law, bind 12, nr. 3, s. 21-50. https://doi.org/10.1093/jcsl/krn006

APA

Brehm, M. (2007). The Arms Trade and States' Duty to Ensure Respect for Humanitarian and Human Rights Law. Journal of Conflict and Security Law, 12(3), 21-50. https://doi.org/10.1093/jcsl/krn006

Vancouver

Brehm M. The Arms Trade and States' Duty to Ensure Respect for Humanitarian and Human Rights Law. Journal of Conflict and Security Law. 2007;12(3):21-50. https://doi.org/10.1093/jcsl/krn006

Author

Brehm, Maya. / The Arms Trade and States' Duty to Ensure Respect for Humanitarian and Human Rights Law. I: Journal of Conflict and Security Law. 2007 ; Bind 12, Nr. 3. s. 21-50.

Bibtex

@article{e29ef690d3cc11dcbee902004c4f4f50,
title = "The Arms Trade and States' Duty to Ensure Respect for Humanitarian and Human Rights Law",
abstract = "The unregulated international trade in conventional arms, especially in small arms and light weapons, has come to be viewed as an exacerbating factor in armed conflict, violent crime and internal repression. Concern about the negative humanitarian, development and security impact of this trade has been growing over the last decade. Against this backdrop, the UN General Assembly invited states in December 2006 to consider the feasibility of an instrument establishing common international standards for conventional arms transfers-also known as the {\textquoteleft}Arms Trade Treaty' (ATT). The legality of arms transfers has traditionally been treated as a question of arms control law, but in the recent debate about legal restrictions on states' liberty to transfer arms, norms of international humanitarian and human rights law have frequently been invoked. This article surveys the existing international legal regulation of state-authorised conventional arms transfers, examines how humanitarian law, and in particular states' duty to ensure respect for humanitarian law, affects the legality of these transfers and shows why human rights law does not make a significant contribution to the legal regulation of the international arms trade today.",
keywords = "Faculty of Law, Folkeret, Menneskeret, Public International Law, Arms Control and Disarmament Law, Human rights Law, International Humanitarian Law",
author = "Maya Brehm",
year = "2007",
doi = "10.1093/jcsl/krn006",
language = "English",
volume = "12",
pages = "21--50",
journal = "Journal of Conflict and Security Law",
issn = "1467-7954",
publisher = "Oxford University Press",
number = "3",

}

RIS

TY - JOUR

T1 - The Arms Trade and States' Duty to Ensure Respect for Humanitarian and Human Rights Law

AU - Brehm, Maya

PY - 2007

Y1 - 2007

N2 - The unregulated international trade in conventional arms, especially in small arms and light weapons, has come to be viewed as an exacerbating factor in armed conflict, violent crime and internal repression. Concern about the negative humanitarian, development and security impact of this trade has been growing over the last decade. Against this backdrop, the UN General Assembly invited states in December 2006 to consider the feasibility of an instrument establishing common international standards for conventional arms transfers-also known as the ‘Arms Trade Treaty' (ATT). The legality of arms transfers has traditionally been treated as a question of arms control law, but in the recent debate about legal restrictions on states' liberty to transfer arms, norms of international humanitarian and human rights law have frequently been invoked. This article surveys the existing international legal regulation of state-authorised conventional arms transfers, examines how humanitarian law, and in particular states' duty to ensure respect for humanitarian law, affects the legality of these transfers and shows why human rights law does not make a significant contribution to the legal regulation of the international arms trade today.

AB - The unregulated international trade in conventional arms, especially in small arms and light weapons, has come to be viewed as an exacerbating factor in armed conflict, violent crime and internal repression. Concern about the negative humanitarian, development and security impact of this trade has been growing over the last decade. Against this backdrop, the UN General Assembly invited states in December 2006 to consider the feasibility of an instrument establishing common international standards for conventional arms transfers-also known as the ‘Arms Trade Treaty' (ATT). The legality of arms transfers has traditionally been treated as a question of arms control law, but in the recent debate about legal restrictions on states' liberty to transfer arms, norms of international humanitarian and human rights law have frequently been invoked. This article surveys the existing international legal regulation of state-authorised conventional arms transfers, examines how humanitarian law, and in particular states' duty to ensure respect for humanitarian law, affects the legality of these transfers and shows why human rights law does not make a significant contribution to the legal regulation of the international arms trade today.

KW - Faculty of Law

KW - Folkeret

KW - Menneskeret

KW - Public International Law

KW - Arms Control and Disarmament Law

KW - Human rights Law

KW - International Humanitarian Law

U2 - 10.1093/jcsl/krn006

DO - 10.1093/jcsl/krn006

M3 - Journal article

VL - 12

SP - 21

EP - 50

JO - Journal of Conflict and Security Law

JF - Journal of Conflict and Security Law

SN - 1467-7954

IS - 3

ER -

ID: 2595981