斯德哥尔摩国际和平研究所-Taking-Stock-of-the-Arms-Trade-Treaty--Processes-and-Forums_16页_221kb

Summary of "TAKING STOCK OF THE ARMS TRADE TREATY: PROCESSES AND FORUMS"

Core Content

The Arms Trade Treaty (ATT), adopted in 2013 and entered into force in 2014, is a significant international agreement aimed at regulating the arms trade with a core humanitarian objective. It is not a disarmament or arms control treaty, but rather a trade treaty that focuses on the responsible use of arms, not just their production or sale.

The treaty has established a framework of processes and forums to support its implementation and universalization. These include the Conference of States Parties (CSP) and its subsidiary bodies such as the Working Group on Transparency and Reporting (WGTR), the Working Group on Effective Treaty Implementation (WGETI), and the Working Group on Treaty Universalization (WGTU). These bodies provide a platform for cooperation among states and non-state actors.

Main Points

• The ATT's Unique Nature: Unlike traditional arms control treaties, the ATT is a humanitarian trade treaty that focuses on the use of arms rather than their production or possession. It requires exporters to consider both the end user and the end use of weapons in their licensing decisions.

• Implementation Framework: The ATT's implementation involves national reports, licensing procedures, and international cooperation. The CSP and its working groups are central to this process, providing a space for transparent and collective engagement.

• Challenges:

  • Transition from Diplomacy to Implementation: The ATT requires moving from diplomatic discussions to technical engagement, which can be complex due to the need to deconstruct diplomatic ambiguities.
  • Balance Between Exporters and Importers: The treaty involves exporting, importing, and transit countries, and maintaining a balanced approach is crucial to prevent unilateral decisions that could undermine the treaty's effectiveness.
  • Risk-Mitigation Provision: Article 7(2) allows for cooperative measures between exporting and importing states to reduce the risk of misuse or diversion of arms. However, it is vulnerable to misuse if not implemented properly.
  • Transparency and Participation: While transparency is essential, there is a tendency towards closed meetings, which could limit the engagement of non-state actors. The ATT's open meetings should remain the default, with closures only on a case-by-case basis.
  • Secretariat's Role and Capacity: The ATT Secretariat, based in Geneva, faces logistical and bureaucratic challenges, especially for smaller developing countries. There is a need to strengthen the Secretariat's capacity and ensure equal participation.

Key Information

• CSP Meetings: The CSP has been held annually since 2015, with informal consultations and preparatory meetings preceding each conference. The meetings have been conducted in Geneva, Mexico, and Japan, and some have been held virtually due to the Covid-19 pandemic.

• Participation Trends: The attendance at CSPs has decreased over time, especially among non-exporting countries with limited resources or technical capacity. This highlights the need for greater inclusivity and support mechanisms.

• Good Practices and Adaptation: The ATT processes and forums should be adapted to better meet the implementation needs. This includes improving information sharing, enhancing transparency, and supporting non-state actors in the process.

• Review and Amendments: The ATT allows for review and amendments starting six years after entry into force, with recurring every three years. This provides a continuous review mechanism to ensure the treaty remains relevant and effective.

Conclusion

The success of the ATT depends on the effectiveness of its processes and forums. These mechanisms must be adapted to address the complexities of the treaty and support its implementation. The involvement of non-state actors, transparency, and international cooperation are critical to achieving the ATT's humanitarian goals. The future development of the ATT should focus on strengthening institutional capacity, ensuring equitable participation, and promoting good practices in risk mitigation and information exchange.