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 23 - Provisional Application
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 23: Provisional Application
Any State may at the time of signature or the deposit of its instrument of ratification, acceptance, approval or accession, declare that it will apply provisionally Article 6 and Article 7 pending the entry into force of this Treaty for that State.
INTRODUCTION
Article 23 of the Arms Trade Treaty (ATT) allows a State to declare that it will apply Article 6 (Prohibitions) and Article 7 (Export and Export Assessment) of the Treaty pending the ATT’s entry into force for that State. Articles 6 and 7 set out the circumstances when a transfer is prohibited, and the procedures for assessing a range of risks associated with a potential export and determining whether to proceed with the export authorization.
The ATT itself ‘shall enter into force ninety days following the date of the deposit of the fiftieth instrument of ratification, acceptance or approval with the Depositary’ (Art. 22(1)). The fiftieth ratification was deposited on 25 September 2014 and the ATT entered into force on 24 December 2014. For a State that deposits its instrument of ratification, acceptance, approval or accession after this date, the ATT enters into force for that State ninety days after it has deposited its instrument of ratification, acceptance, approval or accession (Art. 22(2)).
PROVISIONAL APPLICATION
The provisional application of treaties – be it in their entirety or with respect to specific provisions – is described in Article 25(1) of the 1969 Vienna Convention on the Law of Treaties (VCLT):‘[a] treaty or a part of a treaty is applied provisionally pending its entry into force if: (a) the treaty itself so provides; or (b) the negotiating States have in some other manner so agreed.‘
The rationale for provisional application clauses in treaties can be found in the International Law Commission’s (ILC) commentary on the DraftArticles on the Law of Treaties. The ILC stated: ‘Owing to the urgency of the matters dealt with in the treaty or for other reasons the States concerned may specify in a treaty, which it is necessary for them to bring before their constitutional authorities for ratification or approval, that it shall come into force provisionally’ (UNGA, 1971, p. 30).
- Type
- Chapter
- Information
- The Arms Trade TreatyWeapons and International Law, pp. 389 - 392Publisher: IntersentiaPrint publication year: 2021