Book contents
- Frontmatter
- Preface
- Contents
- List of Contributors
- Introduction
- Preamble
- Article 1 Object and Purpose
- Article 2 Scope
- Article 3 Ammunition/Munitions
- Article 4 Parts and Components
- Article 5 General Implementation
- Article 6 Prohibitions
- Article 7 Export and Export Assessment
- Article 8 Import
- Article 9 Transit or Trans-Shipment
- Article 10 Brokering
- Article 11 Diversion
- Article 12 Record Keeping
- Article 13 Reporting
- Article 14 Enforcement
- Article 15 International Cooperation
- Article 16 International Assistance
- Article 17 Conference of States Parties
- Article 18 Secretariat
- Article 19 Dispute Settlement
- Article 20 Amendments
- Article 21 Signature, Ratification, Acceptance, Approval or Accession
- Article 22 Entry into Force
- Article 23 Provisional Application
- Article 24 Duration and Withdrawal
- Article 25 Reservations
- Article 26 Relationship with Other International Agreements
- Article 27 Depositary
- Article 28 Authentic Texts
Article 19 - Dispute Settlement
Published online by Cambridge University Press: 10 December 2021
- Frontmatter
- Preface
- Contents
- List of Contributors
- Introduction
- Preamble
- Article 1 Object and Purpose
- Article 2 Scope
- Article 3 Ammunition/Munitions
- Article 4 Parts and Components
- Article 5 General Implementation
- Article 6 Prohibitions
- Article 7 Export and Export Assessment
- Article 8 Import
- Article 9 Transit or Trans-Shipment
- Article 10 Brokering
- Article 11 Diversion
- Article 12 Record Keeping
- Article 13 Reporting
- Article 14 Enforcement
- Article 15 International Cooperation
- Article 16 International Assistance
- Article 17 Conference of States Parties
- Article 18 Secretariat
- Article 19 Dispute Settlement
- Article 20 Amendments
- Article 21 Signature, Ratification, Acceptance, Approval or Accession
- Article 22 Entry into Force
- Article 23 Provisional Application
- Article 24 Duration and Withdrawal
- Article 25 Reservations
- Article 26 Relationship with Other International Agreements
- Article 27 Depositary
- Article 28 Authentic Texts
Summary
Article 19: Dispute Settlement
1. 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.
2. States Parties may pursue, by mutual consent, arbitration to settle any dispute between them, regarding issues concerning the interpretation or application of this Treaty.
INTRODUCTION
The inclusion of a specific Article on dispute settlement is common practice in many multilateral treaties, especially those negotiated under the auspices of the United Nations (UN). The Arms Trade Treaty (ATT) is no different.
Article 19 addresses how disputes related to the interpretation or application of the Treaty should be settled. Several dispute settlement mechanisms, commonly used in the resolution of disputes arising from the interpretation or application of multilateral treaties, are mentioned: negotiations, mediation, conciliation, judicial settlement, arbitration and other peaceful means. States Parties may also pursue arbitration. The forms of dispute settlement set out in the ATT are not exhaustive. However, it is important to note that all forms of dispute settlement must be by mutual consent.
NEGOTIATING HISTORY
Dispute settlement, along with other ‘final provisions’, was not a core issue during the ATT deliberations and negotiations. However, there were some elements that generated debate.
One such issue was denials of arms export authorizations by a State. This issue proved to be a divisive one as States debated whether dispute resolution mechanisms should be available in such circumstances. Some, mainly arms importing States, called for an effective dispute settlement mechanism to address denials. Other States, particularly arms exporters, wanted the dispute settlement provision to clearly state that transfer denials were a matter of national sovereignty. These States also emphasized that there is no obligation to export arms and no right to import them and that including a dispute settlement provision on transfer denials might contradict the Treaty. Certainly it was never the intention of the ATT to establish a legally binding obligation to export arms, so providing a means to address arms transfer denials could seem contradictory.
- Type
- Chapter
- Information
- The Arms Trade TreatyWeapons and International Law, pp. 365 - 372Publisher: IntersentiaPrint publication year: 2021