Legal regulation of international trade in military material and civilian weapons The thesis focuses on the comparison of regulations governing international trade with weapons of military and non-military character. The area under consideration is, given the character of the commodity traded, a specific area of international trade in which there are a number of legal norms regulating this area. The analysis and comparison of the legal standards in question is based on international, European and national legislation, with an emphasis on internal interconnection of individual legal norms in order to better understanding and relevance to the international arms trade. The thesis consists of several chapters that are thematically related. The first chapter deals with the theoretical definition of international arms trade with a focus on private international law. Particular attention is paid to the international purchase agreement and international transport agreements that will be applied in the course of the implementation of the arms trade. The second chapter focuses on defining the term "weapon" and its definition in the most important international conventions dealing with weapons. Attention is focused on distinguishing military weapons and weapons for civilian purposes. The next, third to fifth chapters...

This master's thesis focuses on Russian international trade of conventional weapons. Arms trade had played an important role during the Cold War as a tool to gain influence. Currently, Russia is using it to regain the influence it had lost after the dissolution of the Soviet Union in various regions around the world. At the same time, Russia is the second largest arms exporter after the United States. The thesis briefly addresses past Russian arms trade, but the main focus is on the decade between 2010 and 2020. It answers the question whether Russia currently uses its arms trade opportunistically to only maximalise its economic profit or whether it serves as a part of a larger strategy to balance the influence of the United States. The work focuses on Asia, the MENA region, and Latin America. It analyses circumstances surrounding arms deliveries from Russia into the countries in these regions. The thesis consists of several case studies, which illustrate the evolution of Russian approach towards arms trade. It reaches the conclusion that, for Russia, international arms trade is an important tool to help reach its foreign policy goals. Russia maintains strong and stable relations with the most important trade partners to support its defence industry. At the same time, other countries receive...

Thesis (MA)--University of Stellenbosch, 2002. / ENGLISH ABSTRACT: This is a study of the growmg importance of Non Governmental Organisations (NGOs) in global governance. Global governance is defined as a complex and dynamic process that deals with issues that go beyond the capacity of national governments, that is distinguished from global government because of an absence of a central authority that can ensure compliance and the presence of a wide range of actors including non-state actors. The theory of Complex Multilateralism captures the role of NGOs and NGO coalitions well. Using this theory as a theoretical framework, this study focuses on two recent transnational NGO campaigns (The International Campaign to Ban Landmines [fCBL) and the NGOs against Arms Trade) to determine why some NGO campaigns are more successful than others. The theory of Complex Multilateralism in combination with extensive information on different types of NGOs and their activities on national and international levels, makes it possible to identify criteria that can determine success. These criteria are: a realistic goal, the issue area (type, number, salience and techniques used to frame the issue), government and intergovernmental organisation (lGO) commitment, access to IGOs, extensive expertise, effective use of the media, effective use of information technology, activity variance, leadership, persuasive and influential spokespersons, membership and funds. These criteria are described, defined and then applied to the above-mentioned transnational NGO campaigns. The main finding was that the ICBL was the more successful of the two campaigns because it had more of the criteria for success. In this case the most important reasons for success is: a realistic goal, the focus on a single issue and the effective framing of the issue, significant government commitment as well as good leadership. Although, the criteria that were developed can hardly be universalised, they do provide a useful starting point for further research into this important field in International Studies. / AFRIKAANSE OPSOMMING: Hierdie werkstuk bestudeer die toenemende belangrikheid van Nie-Regerings Organisasies (NROs) in "global governance" Laasgenoemde konsep word gedefinieer as 'n komplekse en dinamiese proses wat behels die hantering van vraagstukke wat buite die beheer is van 'n enkele staat, wat onderskei word van 'n wereld regering as gevolg van die afwesigheid van sentrale gesag en die aanwesigheid van 'n wye reeks van akteurs of rolbekleers insluitente nie-staatlike rolbekleers. Komplekse Multilateralisme bied 'n goeie teoretiese begrip van die rol van NROs en NRO koalisies in hierdie proses. Hierdie studie maak gebruik van Komplekse Multilateralisme as 'n teoretiese raamwerk om te fokus op twee onlangse transnasionale NRO veldtogte ( Die internasionale veldtog om landmyne te verban en die NROs teen wapenhandel) en sodoende te bepaal hoekom sekere NRO veldtogte meer geslaag is as ander. Reedsgenoemde teorie in kombinasie met inligting oor verskillende tipes NROs en hul aktiwiteite op nasionale en internasionale vlakke maak dit moontlik om kriteria vir 'n suksesvolle NRO veldtog te identifiseer. Hierdie kriteria bestaan uit die volgende: 'n realistiese doel, die aard van die vraagstuk (tipe, hoeveelheid, "salience", en tegnieke wat gebruik is om die vraagstuk te formuleer, toewyding van regerings en tussen-regerings-organisasies, toegang tot tussenregerings -organisasies, veelsydige kundigheid, effektiewe gebruik van die media, effektiewe gebruik van inligtingstegnologie, verskeidenheid van aktiwiteite, leierskap, oorredende en invloedryke segspersone, lidmaatskap en fondse. Die bevinding is dat die internasionale veldtog om landmyne te verban die meer geslaagde veldtog is. Die belangriskste redes hiervoor is: 'n realistiese doel, die fokus op enkele vraagstukke en die effektiewe formulering van die vraagstuk, die toegewydheid van baie regerings, sowel as goeie leierskap. Alhoewel die kriteria wat in die studie ontwikkel is nie veralgemeen kan word nie dien dit as 'n nuttige basis vir vedere navorsing oor hierdie belangrike tema in die veld van Internasionale Studie.

La prolifération des armes légères et de petit calibre est un phénomène nouvellement saisi par le droit international. En tant que menace pour la paix et la sécurité internationale, elle fait, depuis la fin de la guerre froide, l’objet d’attentions grandissantes. Tout d’abord abordée par des organisations internationales régionales, elle constitue désormais le domaine d’action privilégié de l’Organisation des Nations Unies en matière de désarmement. Néanmoins, la construction d’une lutte contre la prolifération ambitieuse et cohérente est difficile et doit faire face à des oppositions nombreuses justifiées par des intérêts étatiques profondément divergents. Le corpus normatif adopté est donc sujet à d’importantes limites et insuffisances. Par ailleurs, les instruments classiques de l’ordre juridique international apparaissent inaptes à garantir l’effectivité de ces nouvelles règles qui étendent le champ du droit international. La lutte contre la prolifération nécessite, pour être effective, de reposer sur des mécanismes plus approfondis que ceux régissant le droit international de la coopération duquel les règles classiques de désarmement étaient jusqu’alors issues. / The proliferation of small arms and light weapons has only recently been inquired into by international law. As for threatening the global peace and security, it has increasingly been scrutinized since the end of the Cold War. First handled by regional international organizations, it henceforth constitutes, regarding disarmament, the elected field of action for the United Nations. Structuring, nevertheless, an ambitious and coherent action against this proliferation appears quite challenging and has thus to overcome numerous oppositions grounded in profoundly diverging static interests. The current body of norms appears rather limited and inadequate. Furthermore, the classical instruments of the international legal order do not seem suitable to secure the effectiveness of those recent norms that expand the reach of international law. Successfully acting against this proliferation requires to relying on mechanisms that are deeper than the current international law of cooperation, and out of which the classical rules of disarmament have been hitherto extracted.

<p>The purpose of this thesis is to explain why states obtain nuclear weapons and the role various</p><p>actors and interests play in the making of states´ nuclear policies. The main questions are as</p><p>follows: (1) What big theories exist concerning states obtaining nuclear weapon and nuclear</p><p>armament in International Relations and what relevance do they have of the post cold-war period?,</p><p>(2) What is the meaning of the perspective of the Military-Industrial Complex (MIC)?, and (3)Are</p><p>there empirical studies which supports the existence of a MIC in the United States?</p><p>The focus lies on actors and driving forces that are internal to states and it is also important to</p><p>investigate if the theories have relevance for the post 9/11-era. The study uses the method of</p><p>qualitative literature-study with some quantitative segments. It is claimed that states might be</p><p>interested in justifying their behaviour in a morally appealing way and that real reasons may be</p><p>hidden. There are many reasons for states to obtain and keep nuclear weapons and related</p><p>technology (which includes many of the most lucrative elements of the arms industry´s sales).</p><p>Among this reasons are that arms and related technology may be used to influence other states and</p><p>nuclear weapons-construction and modernisation might be used to protect the state from external</p><p>threats, stop unwanted interference from other actors, secure job and gain recognition and prestige</p><p>in world politics. For security reasons states might hold onto their own nuclear weapons and try to</p><p>hinder other actors from getting access to them. The internal actors and driving forces we look at</p><p>are bureaucratic, economical and political, and the MIC-perspective. The military can be said to</p><p>have interests in as much resources and capabilities as possible, which includes advanced</p><p>weaponary such as nuclear weapons and related technologies, at its disposal because of the goal to</p><p>defend the state from all possible threats and for officers career reasons. Much of its influence is</p><p>said to come from its expert knowledge and position and it is said to be especially influential in</p><p>matters of foreign policy, military spending and foreign policy. The major economical actors</p><p>mentioned are big corporations involved in military spending and these have interests in</p><p>maximizing profits. Nuclear weapons making and maintenance and the related areas of missile</p><p>defense and delivering methods for nuclear weapons seem to be areas with high changes of being</p><p>profitable for the involved major companies. The actors wield influence for example through</p><p>lobbying and campaign contributions. An economic driving force claim is that state spending is</p><p>necessary for stimulating the economy and defense spending is easily justified in other ways.</p><p>Political actors and driving forces concerns politicians interest in promoting the interests of</p><p>supporting groups, there are indications that the weapon industry is such a group. Research have</p><p>shown various results about the extent politicians tend to further the interests of supporting groups.</p><p>The MIC-perspective talks about groups with interest in high levels of military spending. Most</p><p>researchers seem to agree that the complex exists but there are different opinions about what actors</p><p>belongs to it and its power on various issues. There is some mention of the core of the complex</p><p>consisting of such internal actors as mentioned above. MIC-related empirical research has been</p><p>conducted and this author finds that the MIC is a relevant analytical tool for the post cold war – and</p><p>9/11 era.</p>

The current international system with its emphasis on state sovereignty was designed to restrain interference in domestic affairs by other states. However, this notion has been repeatedly challenged throughout the past 70 years by states intervening with military instruments in internal armed conflicts. Possible motives that led states to jeopardize the lives of their soldiers and convinced them to bear the costs of interventions have engendered a rich debate in the studies of International Relations and Peace and Conflict Studies. In this dissertation, two arguments based on the logic of the realist theory of international relations are brought forward to augment our understanding of factors contributing to military interventionism. First, it is shown that economic linkages between states transcend the debate on trade and include the effects of foreign direct investment on their willingness to intervene by force. Corporate investment is shown to significantly raise the willingness of states to intervene when existing FDI is endangered by the dynamics unfolding during internal armed conflicts. Second, great powers are apt to harness other states to alter the conflict dynamics in civil wars. Applying the principal-agent framework in combination with the logic of arms trade allows identifying unequal...

This study aims to shed light on the ethical implications of Sweden’s arms export to Saudi Arabia. It compares the compatibility of such exports with fundamental human rights standards and analyses the Swedish Government's justification of arms trade to Saudi Arabia in relation to international and local ethics, considering the principles of human rights, conflict resolution, states’ responsibility in promoting peace and conflict resolution and the recognition of people’s shared responsibility for the well-being of all people. It analyses governmental statements, documents on arms trade and Swedish legislation in comparison to their international commitments through the lens of the analytical framework grounded in international ethics. The thesis has been conducted as a qualitative case and desk study with abductive reasoning. The findings highlight the complex tension between ethical responsibility of states in the international arena. By applying international ethics as the analytical framework, it offers insight into the role of states in promoting ethical standards in arms trade and the broader realm of international relations.

yes / The purpose of this paper is to identify how the presence, proliferation, and misuse of small arms and light weapons (SALW) negatively impact children in conflict and post-conflict societies. It examines the impact of these weapons on children's well-being, rights and development, drawing on primary research in Cambodia, Mozambique, and Colombia. It was prepared in the context of the UN Conference on the Illicit Trade in Small Arms and Light Weapons in All Its Aspects in July 2001 and the UN Special Session on Children. Both are key opportunities to examine fully the impact of SALW on children at the international level and to agree global action to prevent and reduce the spread and misuse of the weapons that endanger the safety and undermine the potential of children. While UN agencies, international governmental organisations, human rights and development organisations have documented abuses committed against children, to date there has been no systematic analysis of the numerous ways in which SALW negatively affect the lives of children in conflict and post-conflict situations, let alone in societies at peace. However, the information that has been collected paints a terrible picture of devastation wrought by SALW. The use of small arms by and against children has both direct effects, which include death and injury, human rights abuses, displacement and psychosocial trauma, and indirect effects, which include insecurity, loss of health care, education and opportunities. These direct and indirect effects have both short and long-term impacts on the well-being, rights and development of children. This paper highlights these direct and indirect costs by drawing on the personal testimonies of youth affected by small arms in Cambodia, Mozambique, and Colombia - countries that have felt the devastating impacts of small arms and are currently at different phases of the recovery process. It is often extremely difficult to separate the impact of conflict from the impact of small arms on children but the human suffering caused by small arms is ultimately immeasurable. Indeed, the United Nations Secretary-General, Kofi Annan, has called small arms 'weapons of mass destruction' . These weapons often prolong and deepen the consequences of war and also impede post-conflict resolution and reconstruction. If many small arms remain behind after a conflict ends, they can promote insecurity, which in the extreme, may result in a return to conflict. Even in societies at peace, the presence of SALW can fuel crime and violence, and they can also be used by security forces for the facilitation of human rights violations against the civilian population. These weapons have several characteristics that make them ideal for contemporary conflicts and, in particular, the targeting and use of children in war. Many are so lightweight and simple that a child as young as eight can operate and repair them without difficulty. Equally, they can last over 40 years, meaning they can be exported from conflict to conflict through porous borders and lax national, regional, and international controls.

Yes / Small arms and light weapons (SALW) are recognised as increasing the lethality, duration and intensity of conflict with the effects of these weapons lasting for many years. The negative impacts of SALW are often greatest for the most vulnerable groups, including children. There is widespread international recognition of the negative effects of small arms on children, but efforts to control small arms and those to protect children have rarely been linked. The United Nations 2001 Conference on the Illicit Trade in Small Arms and Light Weapons in All Its Aspects and the UN Special Session on Children provide unique opportunities to examine the complex issues surrounding small arms and their impact on children, in particular, how the presence, proliferation and misuse of small arms and light weapons affect the lives of children.

yes / Historically, UN conferences have been criticised for resulting more in compromises than in commitments to real change, which is also a charge that has been levelled against the UN Conference on the Illicit Trade in Small Arms and Light Weapons in All Its Aspects (UN Small Arms Conference). The consensus-based approach adopted throughout the negotiations had the advantage of binding all participating States to all aspects of the agreed Programme of Action (PoA), but it also ensured that it would be difficult to achieve a sufficiently rigorous and comprehensive agreement on all of the measures required to tackle the trafficking, proliferation and misuse of small arms and light weapons (SALW). Therefore, in spite of the efforts of many governments and NGOs, the UN Small Arms Conference did not agree sufficiently robust agreements in several areas. Nonetheless, it was a valuable and productive process. The resulting PoA includes a reasonably comprehensive set of key principles and commitments, which provide a basis for taking forward action at national, regional and global levels. The PoAwas agreed by all of the participating States, amounting to more than 100, and each are politically bound to adopt and implement it. Given that the UN Small Arms Conference was the first of its kind, its achievement in generating political will and momentum for efforts to control SALW is important. Although many of the commitments are weaker and less comprehensive than hoped for by many governments and organisations, it is significant that the PoAcontains at least some important commitments in all but two of the `core¿ issue areas raised by States. The two exceptions relate to transfers to non-State actors and to civilian trade, possession and use of SALW, restrictions which were strongly opposed by the USA. Equally, human rights related issues were noteworthy by their absence in the PoA. Whilst the process of reaching agreement began with a far-reaching draft PoA in December 2000 (A/Conf.192/L.4), most of the comments that were tabled on this text during the second Preparatory Committee in January 2001 came from countries that sought to weaken its commitments. The subsequent draft (A/Conf.192/L.4/Rev.1) was therefore weaker, with the result that progressive States faced an uphill task in seeking to strengthen its provisions. The next draft PoA emerged at the UN Small Arms Conference itself in the form of a third draft (A/Conf.192/L.5). Although still limited in a number of key areas ¿ such as export criteria and transparency ¿ this document went further than L.4/Rev.1 in a number of respects and included specific international commitments, including on brokering and tracing lines of supply. This, however, proved too ambitious an agenda for a small group of States and in the end the document that was adopted by consensus (A/Conf.192/L.5/Rev.1) represented a lower-level compromise. Despite the difficulties of agreeing the consensus-based PoA, the process culminating in the agreement was perhaps as important as the agreement itself. UN Small Arms Conference represented the first time that all UN Member States had met to discuss the illicit trade in SALW in all its aspects with a view to agreeing a comprehensive set of measures to address the problem. Although many of the commitments contained in the PoAare couched in equivocal language that will allow States to do as much or as little as they like, it is clear that the UN Small Arms Conference has contributed to a much better understanding, amongst all stakeholders, of the nature of the illicit trade in SALW and of the particular concerns and priorities of different countries and sub-regions. It is also clear that although the Programme of Action provides a set of minimum standards and commitments which all states should adopt, it also encourages further action from all States willing to adopt more stringent commitments and stronger programmes. There is a willingness among a number of States to build upon the PoAand take more concrete and far-reaching measures at national, sub-regional, regional and international levels, such as specific arrangements for tracing co-operation, or mechanisms to co-ordinate e fforts to improve stockpile security or weapons destruction. This briefing provides a critical assessment of key provisions in the UN Small Arms Conference PoA. Section 1 measures the overall outcomes of the conference against those that the Biting the Bullet (BtB) project proposed as optimal conclusions, and suggests ways to put the commitments contained in the PoA into practice. Section 2 assesses the implementation and follow-up commitments contained in the PoA, and identifies ways of promoting the implementation of Sections III and IV, as well as options for making the most of the Biennial Meetings of States and the Review Conference in 2006. Section 3 examines funding and resourcing possibilities for the PoA including identifying needs, mobilising resources and matching needs with resources. The final section of the briefing focuses on the way forward, and in particular on how implementation of the PoA could build on existing regional initiatives and develop common international approaches to controlling SALW proliferation, availability and misuse. It also examines how action to prevent and combat the illicit trade in SALW in all its aspects can be taken forward at sub-regional and regional levels in conjunction with all major stakeholders, including civil society, in the period leading up to the first Review Conference.