The Arms Trade Treaty: A Commentary

Marlitt Brandes LL.M., German Yearbook of International Law The commentary constitutes a meticulous and well-structured study of the ATT that will be highly useful not only to academics but also to practitioners working on the subject of arms transfers. Above all, it sheds light on a number of vague terms and potential loopholes in the ATT by reference to the treatys drafting process, its object and purpose, States parties other relevant obligations under international law and their initial views on how the treaty
should be interpreted.

Andrew Clapham is the Professor of Public International Law at the Graduate Institute of International Studies, Geneva. Before he joined the Graduate Institute of International Studies Institute in 1997, he was the Representative of Amnesty International to the United Nations in New York. He represented the International Commission of Jurists at the UN diplomatic conferences that negotiated the Arms Trade Treaty. Stuart Casey-Maslen is an international lawyer specializing in use of force. He is an Honorary Research Associate at Bristol University's School of Law, a consultant with the Institute for International and Comparative Law at the University of Pretoria, and a consultant on international law with the non-governmental organization, Norwegian People's Aid, on conflict preparedness and protection. He served as a legal advisor to the Swiss delegation at the UN diplomatic conferences that negotiated the Arms Trade Treaty. Gilles Giacca is Legal Advisor at the Arms Unit of the ICRC. He was formerly a Research Fellow at the Law Faculty and co-ordinator of the Oxford Martin School Human Rights for Future Generations programme. He represented the NGO Trial at the UN diplomatic conferences that negotiated the Arms Trade Treaty. Sarah Parker is a senior researcher with the Small Arms Survey. She served as an advisor on the Australian delegation throughout the Arms Trade Treaty negotiations and was the consultant to the Chair of the Arms Trade Treaty during the Open-Ended Working Group in 2009.

INTRODUCTION ; The international trade in conventional arms: trends and dynamics ; The impact of illicit and unregulated trade in conventional arms ; A historical overview of the legal regulation of the trade in conventional weapons ; Preliminary discussions ; Preparatory Committees ; The negotiation of the Arms Trade Treaty ; Adoption and Entry into force of the ATT ; COMMENTARY ; The Title ; The Preamble and Principles of the ATT ; Core Provisions ; Final Clauses