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Article 2 - Scope

Published online by Cambridge University Press:  10 December 2021

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Summary

Article 2: Scope

1. This Treaty shall apply to all conventional arms within the following categories:

(a) Battle tanks;

(b) Armoured combat vehicles;

(c) Large-calibre artillery systems;

(d) Combat aircraft;

(e) Attack helicopters;

(f) Warships;

(g) Missiles and missile launchers; and

(h) Small arms and light weapons.

2. For the purposes of this Treaty, the activities of the international trade comprise export, import, transit, trans-shipment and brokering, hereafter referred to as “transfer”.

3. This Treaty shall not apply to the international movement of conventional arms by, or on behalf of, a State Party for its use provided that the conventional arms remain under that State Party’s ownership.

INTRODUCTION

Article 2 is a key article of the Arms Trade Treaty (ATT). It outlines the scope of the conventional arms (items) and the activities of the international arms trade to which the ATT applies.

Article 2(1) lists the main eight categories of conventional arms covered by the Treaty, but it does not provide definitions for these categories. The categories of conventional arms covered by the ATT are directly relevant to many of the provisions of the Treaty and serve as a point of reference for the scope of the items covered by Articles 3 and 4. Article 3(1) defines the types of ammunition/munitions covered by the Treaty as those that can be fired, launched or delivered by the conventional arms covered by the eight categories listed in Article 2(1). The same approach is taken to determine the parts and components covered by Article 4, which are to be in a form that provides the capability to assemble the conventional arms covered by Article 2(1).

Article 2(2) defines a ‘transfer’ as the activities of the international arms trade that comprise export, import, transit, trans-shipment and brokering, but again Article 2 does not provide definitions for these activities. Provisions of the Treaty relating to these activities are found in Articles 5–10, as well as Articles 11, 12 and 13 on diversion, record keeping and reporting.

Type
Chapter
Information
The Arms Trade Treaty
Weapons and International Law
, pp. 24 - 57
Publisher: Intersentia
Print publication year: 2021

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