Doctorat en sciences sociales, politiques et économiques / info:eu-repo/semantics/nonPublished

THE 1977 UNITED STATES ARMS EMBARGO AGAINST SOUTH AFRICA: INSTITUTION AND IMPLEMENTATION TO 1997 The institution and implementation of the 1977 mandatory United States arms embargo against South Africa and the impact thereof on relations between the United States and South Africa is investigated in this study. The investigation centers around the objectives of the United States in instituting the arms embargo, whether these objectives were met through the implementation and enforcement of the arms embargo, and whether the South African reaction to the embargo indicates the failure of the embargo to meet its objectives. The relation of the arms embargo to the foreign policy of the United States Government of the day, as well as the impact of the embargo on the South African military industry is discussed. The basis on which the problem statement is built is that close scrutiny of the implementation of the arms embargo would allow one to judge the seriousness that the United States assigned to the objectives of the arms embargo. The main objective of the embargo was to force the South African Government to abandon apartheid. Full compliance with the embargo would demonstrate the commitment of the United States to this objective, while non-compliance would be regarded by critics as a retreat from that objective. The United States’ implementation of the arms embargo would furthermore demonstrate the ability of major arms producers like the United States to reduce the threat of global violence by putting measures in place to successfully block arms and related items from being exported to potential belligerents. In conclusion to the study, it was found that the implementation of the embargo was linked to external objectives of the United States Government of the day. Thus, the strengthening or weakening of arms embargo regulations occurred according to the objectives that the Government of the day wanted to achieve. Nonetheless, the United States’ implementation of the arms embargo was generally very effective. It was also concluded that the arms embargo indeed acted as the main stimulant for the development of the world-renowned South African arms industry. This industry developed out of the determination of the white South African minority Government to remain in power, which in turn resulted in a defiant disregard for the arms embargo. Clandestine activities became the order of the day. These activities later had a major impact on the first democratically elected black government in South Africa. This government inherited a legacy of embargo violations, which led to much tension in relations with the United States in the first few years after the 1994 South African elections. The research therefore also paints a picture of the inherited struggles that the new South African Government had to face as a result of the arms embargo, and the resultant difficulties in normalizing relations with the United States. / Thesis (DPhil (History))--University of Pretoria, 2006. / Historical and Heritage Studies / unrestricted

yes / Arms embargoes are one of the principal tools of states in seeking to prevent, limit and bring an end to armed conflict and human rights abuses. Despite the frequency with which arms embargoes have been imposed, there are significant problems with their implementation. Pressure is therefore growing for the international governmental community to act in order to ensure that the political commitment embodied by the imposition of arms embargoes is matched by the commitment to ensure their rigorous enforcement and to achieve enhanced human security on the ground. Increasing the effectiveness of arms embargoes is a specific aim of the United Nations Programme of Action for Preventing and Combating the Illicit Trade in Small Arms and Light Weapons in All Its Aspects1 which specifically calls upon states "To take appropriate measures, including all legal or administrative means, against any activity that violates a United Nations Security Council arms embargo in accordance with the Charter of the United Nations".2 Accordingly, within the context of the implementation of the UN PoA, the overall aim of this paper is to explore ways in which the international community can act in order to strengthen the impact of arms embargoes and enhance human security. It will begin by examining the purposes, processes and effects relating to arms embargoes, with particular attention to those agreed at international (UN) level, and by highlighting issues of concern in each regard. An overview of the main issues and challenges facing implementation of arms embargoes will include the elaboration of three case-study examples showing the impact of UN arms embargoes on the availability of arms and on human security and a further five that illustrate the dilemmas faced by states in seeking to implement arms embargoes. Priority areas for attention in any international effort to strengthen the effectiveness of arms embargoes will be followed by more extensive proposals for enhancing international embargo regimes within the context of implementing the UN PoA. Whilst it is recognised that the UN PoA contains measures that relate only to the illicit trade in small arms and light weapons (SALW), if implemented fully, many of these would serve to strengthen the international apparatus of control, information exchange and provision of assistance relating to arms proliferation and misuse as a whole. In turn, this would greatly enhance the implementation of UN arms embargoes. Therefore, as well as providing an opportunity for reviewing progress on implementing the PoA, the first Biennial Meeting of States in July 2003 is clearly a major opportunity for states to address a number of the pressing challenges facing states in the implementation of UN embargoes.

Police Practice / DLitt et Phil. (Police Practice)

Thesis (MA)--Stellenbosch University, 2011. / ENGLISH ABSTRACT: This research study aims to analyze the illicit arms trade in states in transition. While both the study of the illicit arms trade and the study of states in transition per se, are characterized by a variety of concepts and debates within academia, this study attempts to establish a coherent and concise connection between the two. Therefore, the main research question is: How do the capacity gaps of social control, social welfare, border control and legitimacy contribute to the proliferation of the illicit arms trade in states in transition? For the purpose of this study, the researcher uses the theoretical framework based on capacity gaps and functional holes as outlined by Phil Williams (2002). Williams (2002) states that organized crime and transnational organized crime (TOC), which the illicit arms trade is a part of, flourish in states that are weakened by capacity gaps and where the accompanying functional holes open up the way for organized crime and TOC to work with impunity. The seven capacity gaps that Williams (2002) outlines are: social control, social welfare, business regulation, oversight and accountability, border control, legitimacy and electoral norms and patterns. However, this thesis does not focus on all seven capacity gaps; instead, only the capacity gaps of social control, social welfare, border control and legitimacy are analysed. This decision has been based on the literature by Williams (2002), Migdal (1988), Beck and Laeven (2006), who suggest that a state in transition cannot complete its transitional period and become a consolidated democracy if high levels of social control, social welfare, respect for the rule of law and legitimacy are not obtained. Moreover, this research study conducts a comparative analysis of two states in transition, South Africa and Croatia, which have both been experiencing difficulties with TOC and the illicit arms trade, and where both states still have not completed their transitional period, and are thus not consolidated democracies. This research does not imply that the findings of this study are applicable to all states in transition; the focus is rather on how the four capacity gaps and functional holes that this research focused on contribute to the proliferation of the illicit arms trade in South Africa and Croatia. The findings indicate that due to high levels of corruption within the judicial system and police, the citizens of South Africa and Croatia lack trust in the states’ capacity to impose social control, which in turn opens the way for organized criminal groups to work with impunity. Furthermore, the social welfare capacity gap contributes to the rise in levels of organized crime and the illicit arms trade due to the fact that levels of inequality and unemployment force the citizens of South Africa and Croatia to look for alternative survival strategies, usually those that organized criminal groups can provide them with. Moreover, the lack of resources and corruption among custom officials and police staff, serve as opportunities for organized criminal groups to traffic illicit goods over South Africa and Croatia’s borders; thus indicating a functional hole in the states interdictory capacity and an overall gap in the states capacity to control its borders. Lastly, due to the South African and Croatian citizens’ lack of trust in the institutions and the state apparatus in general, the capacity gap of legitimacy is visible. This in turn opens the way for organized criminal groups to use patron-client relationships with the citizens of South Africa and Croatia, in order to build and sustain a level of popular legitimacy that the state is lacking. / AFRIKAANSE OPSOMMING: Hierdie navorsingsprojek streef daarna om die onwettige handel in wapens as deel van transnasionale georganiseerde misdaad binne state in transisie te analiseer. Alhoewel navorsing in die onwettige handel van wapens, asook die studie van state in transisie gekenmerk word deur vele konsepte en debatte binne die velde; poog hierdie studie om die twee konsepte in ʼn duidelike en presiese manier te verbind. In die lig hiervan is die navorsings vraag: Hoe dra die kapasiteitsgapings van sosiale beheer, sosiale welvaart, grens kontrole en legitimiteit by tot die volhoubaarheid van die onwettige handel in wapens in state in transisie? Vir die doel van hierdie studie het die navorser besluit om gebruik te maak van die teoretiese raamwerk gebaseer op kapasiteitsgapings en funksionele-openinge soos beskryf deur Phil Williams (2002). Wiliams (2002) voer aan dat georganiseerde misdaad en transnasionale misdaad, waarvan die onwettige handel in wapens ʼn deel uitmaak, floreer in state wat verswak is deur kapasitietsgapings; en waar bygaande funksionele-openinge die weg baan vir transnasionale misdaad om te floreer. Die sewe kapasiteitsgapings soos deur Williams (2002) beskryf is: sosiale beheer, sosiale welvaart, besigheid-regulering, oorsig en aanspreeklikheid, grens kontrole, legitimiteit en verkiesings norme en patrone. Hierdie tesis fokus egter nie op al sewe kapasiteitsgapings nie. Daar word slegs gefokus op die kapasiteitsgapings van sosiale beheer, sosiale welvaart, grens kontrole en legitimiteit. Hierdie besluit is gebaseer op literatuur deur William (2002), Joel S. Migdal (1988), Thorsten Beck en Luc Laeven (2006) en dies meer wat voorstel dat ʼn staat in transisie nie die transisie periode kan voltooi en ʼn vaste demokrasie kan raak indien hoe vlakke van sosiale beheer, sosiale welvaart, respek vir wet en orde en legitimiteit nie verkry word nie. Verder maak hierdie navorsing gebruik van ʼn vergelykende analise tussen twee state in transisie: Suid Afrika en Kroasië. Beide hierdie state ervaar probleme met trans-nasionale misdaad en die onwettige handel in wapens. Beide het ook nog nie hul transisie periode voltooi nie en is dus nie vaste of gekonsolideerde demokrasieë nie. Hoewel die navorser nie aanvoer dat die bevindinge van hierdie studie van toepassing is op alle state in transisie nie, probeer die navorser vasstel hoe die vier kapasiteitsgapings en funksionele-openinge bydrae tot die volhoubaarheid van die onwettige handel in wapens in Suid Afrika en Kroasië. Die bevindinge dui daarop dat as gevolg van hoë vlakke van korrupsie binne die regstelsel en polisie, die bevolking van Suid Afrika en Kroasië nie die staat se kapasiteit om sosiale beheer te handhaaf, vertrou nie. Dit maak die gaping oop vir georganiseerde misdaad om sonder teenkant te handel. Verder, die sosiale welvaart gaping, dra by tot die toename in die vlakke van georganiseerde misdaad en die onwettige handel in wapens as gevolg van hoë vlakke van ongelykheid en armoede, wat die bevolking van Suid Afrika en Kroasië dwing tot alternatiewe metodes van oorlewing wat gewoonlik deur georganiseerde misdaad groepe verskaf word. Verder, die gebrek aan toerusting en ook korrupsie binne grensbeheer en polisie lede, verskaf die geleentheid vir georganiseerde misdaad groepe om in onwettige goedere te handel. Dit dui op die funksionele gaping in die staat se beheersmeganismes en oor die algemeen ʼn gaping in die staat se kapasiteit om grense te beheer. Ten laaste, as gevolg van die gebrek aan vertroue van die bevolking in die strukture van die staat Suid Afrika en Kroasië is die kapasitietsgaping van legitimiteit duidelik teenwoordig. Dit open die weg vir georganiseerde misdaad groepe om populêre gesag op te bou, wat daar nie is by die regering van die lande nie.

This master thesis deals with the effects of the EU arms trade law on the Czech legal environment. In its descriptive part, it maps respective EU and Czech legislation. In its analytical part, it examines the impacts of the EU law upon Czech export proceedings. (Notably, as far as the EU Code of Conduct on Arms Trade is concerned.) In its conclusion, it makes several propositions towards the Czech and the European lawgiver.

Police Practice / D. Litt. et Phil. (Police Practice)

yes / The United Nations will convene the `UN Conference on the Illicit Trade in Small Arms and Light Weapons in All Its Aspects¿ in June/July 2001. The `2001 Conference¿ is now the primary focus for international efforts to strengthen and develop co-ordinated and comprehensive global action to prevent and reduce the proliferation and misuse of small arms and light weapons. A powerful international coalition of States, international organisations and civil society groups is uniting to promote effective global action. Expectations for the 2001 Conference are high and public awareness of the opportunities it offers is growing. It is critical that the 2001 Conference is a success. The 2001 Conference must achieve agreement on an effective International Action Programme to prevent and reduce small arms and light weapons proliferation and combat illicit trafficking in such weapons. This International Action Programme should reinforce, co-ordinate and extend measures being taken at local, national and regional levels. In addition to establishing an appropriate set of international norms and standards, the 2001 Conference should achieve agreement on specific international action on the problems associated with small arms and light weapons. The specific objectives of the 2001 Conference are currently undecided. This paper, the first in a series of briefings, outlines a proposed scope for the Conference. It further proposes concrete objectives and practical agreements which could be achieved during the Conference. It is hoped that the proposals and recommendations presented will contribute to efforts to secure a comprehensive and progressive framework for the Conference.

yes / As the agenda for the United Nations (UN) 2001 Conference on The Illicit Trade in Small Arms and Light Weapons in All Its Aspects takes shape, governments should begin to identify a set of standards, mechanisms and specific agreements that will help consolidate, reinforce and co-ordinate regional and national measures to address the problem of the proliferation and misuse of small arms. An important element of this approach will be to build upon the wealth of regional and national experiences and perspectives that illustrate the different contexts in which efforts to combat the proliferation and misuse of small arms and light weapons have occurred. At the same time, agreements reached at the UN 2001 Conference should be substantial, establishing an agreed comprehensive `international action programme¿ f o r sustained global effort on this complex problem. However there remain issues and concerns that are common to all regions: these should be identified and addressed internationally within the context of the UN 2001 Conference. This briefing, the second in the Biting the Bullet series, reviews some of the current regional e fforts on small arms and light weapons. It identifies common approaches that have been used in different regions to counter the proliferation and misuse of small arms and light weapons, these include: law enforcement and crime control; supplier restraint and transparency; national legislation and regulation of arms; and arms reduction and control. The briefing analyses initiatives using these approaches that are moving forward in West Africa, Eastern and Southern Africa, the European Union (EU), and the development of cooperation between EU Member States and other countries and regional organizations, including Cambodia and the Southern African Development Community. The briefing identifies the impact and priorities of these initiatives, suggesting ways in which the UN 2001 Conference is both relevant to the region and what the region can contribute to the outcomes of the Conference. The briefing concludes with recommendations on the ways in which regional processes can be reinforced and further developed by the international community, focusing especially on the contribution of the UN 2001 Conference. Experience is showing that much of what happens nationally and regionally needs reinforcement and further development with assistance from the international community. The UN 2001 Conference comes at an important time for providing the framework ¿ through the international action programme ¿ to develop, reinforce and c o-ordinate these national and regional processes, through developing appropriate international norms, standards, programmes and mechanisms. Using the illustration of combating illicit arms trafficking, this briefing outlines some of the processes that could be taken forward through the UN 2001 Conference which would build upon and strengthen national and regional eff o r t s . The briefing contains an annex, which provides background information on many current regional and international initiatives, including those in Africa, the Americas, Asia, Europe and inter-regionally, such as the Organisation for Security and Co-operation in Europe and the North Atlantic Treaty Organisation.

yes / Measures to enhance the security and management of legal stocks of small arms and to reduce `surplus¿ weapons are clearly essential components of an effective international action programme to combat illicit trafficking and prevent and reduce the proliferation of small arms. Many of the weapons of concern are lost from official stockpiles through theft, corruption or neglect. Moreover, the existence of large quantities of `surplus¿ small arms is a major factor in the excessive availability and flows of these weapons. The primary responsibility for measures to address these problems lies with governments. Regional and international organisations involved in any way with managing and disposing of small arms also have important responsibilities to take action. Nevertheless, this is a global issue, and the entire international community should play a role in developing policies on the management of stockpiles and the disposal or destruction of surplus weapons. This briefing outlines the dimensions of the issues, drawing on recent experience, and identifies ways in which an international action programme could usefully be developed to address them.