INTRODUCTION

Article 8 of the Arms Trade Treaty (ATT) focuses on the responsibilities of States Parties that are importing conventional arms. Upon request, an importing State Party is to provide appropriate and relevant information to assist an exporting State Party in its export assessment under Article 7. They are also required to take measures to regulate imports where necessary, which may include establishing ‘import systems’. Further, where the importing State Party is the final destination of the arms, it can request information from the exporting State Party on pending or actual export authorizations of those arms.

Whilst the focus of Article 8 lies with States Parties importing arms, its content ostensibly reflects a balance between the rights and obligations of exporting and importing States, in accordance with the principles outlined in the preamble to the ATT. These principles include the inherent right to selfdefence under Article 51 of the United Nations (UN) Charter (inhering a legitimate State interest in meeting its national security and defence needs through arms imports), and the responsibility of all States to effectively regulate the international trade in conventional arms, prevent the diversion of arms to the illicit market, to unauthorized end-uses and end-users, and ensure respect for international human rights and humanitarian law. Article 8 also reflects the framework nature of the ATT in terms of its facilitation of a wide variety of approaches to import control, which are based on national considerations and can vary considerably in scope and application.