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Article 18 - Secretariat

Published online by Cambridge University Press:  10 December 2021

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Summary

Article 18: Secretariat

1. This Treaty hereby establishes a Secretariat to assist States Parties in the effective implementation of this Treaty. Pending the first meeting of the Conference of States Parties, a provisional Secretariat will be responsible for the administrative functions covered under this Treaty.

2. The Secretariat shall be adequately staffed. Staffshall have the necessary expertise to ensure that the Secretariat can effectively undertake the responsibilities described in paragraph 3.

3. The Secretariat shall be responsible to States Parties. Within a minimized structure, the Secretariat shall undertake the following responsibilities:

(a) Receive, make available and distribute the reports as mandated by this Treaty;

(b) Maintain and make available to States Parties the list of national points of contact;

(c) Facilitate the matching of offers of and requests for assistance for Treaty implementation and promote international cooperation as requested;

(d) Facilitate the work of the Conference of States Parties, including making arrangements and providing the necessary services for meetings under this Treaty; and

(e) Perform other duties as decided by the Conferences of States Parties.

INTRODUCTION

This chapter examines the Secretariat created by the Arms Trade Treaty (ATT). A secretariat is the principle administrative organ of an international organization or treaty regime. As such, it combines aspects of a bureaucracy and an executive agency, but its essential role is to support the States Parties in coordinating the management of the Treaty in a continuous and stable fashion (Churchill and Ulfstein, 2000, p. 647). Importantly, secretariats are staffed by international civil servants, are not under the authority of any State government, and are meant to discharge limited and predefined tasks impartially without the intervention of politics (Bauer, 2006, p. 73).

PROVISIONAL SECRETARIAT

Article 18(1) creates the ATT Secretariat. As the Conference of States Parties (CSP) is responsible for determining the tasks and the budget of the Secretariat (Art. 17(3)(e)), the creation of a provisional secretariat is required to attend to ‘administrative functions’ pending the first CSP. The first CSP must be held within one year of the entry into force of the ATT (Art. 17(1)).

Type
Chapter
Information
The Arms Trade Treaty
Weapons and International Law
, pp. 352 - 364
Publisher: Intersentia
Print publication year: 2021

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