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Article 5 - General Implementation

Published online by Cambridge University Press:  10 December 2021

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Summary

Article 5: General Implementation

1. Each State Party shall implement this Treaty in a consistent, objective and non-discriminatory manner, bearing in mind the principles referred to in this Treaty.

2. Each State Party shall establish and maintain a national control system, including a national control list, in order to implement the provisions of this Treaty.

3. Each State Party is encouraged to apply the provisions of this Treaty to the broadest range of conventional arms. National definitions of any of the categories covered under Article 2 (1) (a)–(g) shall not cover less than the descriptions used in the United Nations Register of Conventional Arms at the time of entry into force of this Treaty. For the category covered under Article 2 (1) (h), national definitions shall not cover less than the descriptions used in relevant United Nations instruments at the time of entry into force of this Treaty.

4. Each State Party, pursuant to its national laws, shall provide its national control list to the Secretariat, which shall make it available to other States Parties. States Parties are encouraged to make their control lists publicly available.

5. Each State Party shall take measures necessary to implement the provisions of this Treaty and shall designate competent national authorities in order to have an effective and transparent national control system regulating the transfer of conventional arms covered under Article 2 (1) and of items covered under Article 3 and Article 4.

6. Each State Party shall designate one or more national points of contact to exchange information on matters related to the implementation of this Treaty. Each State Party shall notify the Secretariat, established under Article 18, of its national point(s) of contact and keep the information updated.

INTRODUCTION

General implementation in Article 5 is a core part of what will make the Arms Trade Treaty (ATT) a functioning and effective treaty regime. If the Treaty were a car, general implementation would be the engine that drives it forward. Each State Party is required to establish or maintain a national control system that integrates the obligations in the Treaty into its day-to-day trade management system. These control mechanisms have to be adaptive and able to respond to an ever-changing landscape of proliferation, technology development and expanding international supply chains.

Type
Chapter
Information
The Arms Trade Treaty
Weapons and International Law
, pp. 89 - 102
Publisher: Intersentia
Print publication year: 2021

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