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Art.7 Export and Export Assessment

Stuart Casey-Maslen, Andrew Clapham, Gilles Giacca, Sarah Parker

From: The Arms Trade Treaty: A Commentary

Andrew Clapham, Stuart Casey-Maslen, Gilles Giacca, Sarah Parker

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 02 December 2023

Human rights remedies — Arms control — Weapons — Humanitarian intervention — International peace and security

This chapter examines Article 7 of the ATT. Article 7 is closely related to Article 6 which handles the prohibition of export. If a proposed export is not prohibited, the exporting state party must, before deciding whether or not to authorize any export of arms within the scope of the ATT, assess the potential that the export concerned would contribute to or undermine peace and security. Since this assessment is not confined to contributions or threats to international peace and security, it extends to what a state party considers a contribution or threat to its own peace and security. If, however, the exporting state party determines that the proposed export of arms or items would contribute to peace and security, the exporting state party’s assessment must then consider the potential that the arms or items could be used to commit acts of terrorism or transnational organized crime.

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