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Art.10 Brokering

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: 24 February 2024

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

This chapter examines Article 10 of the ATT, which requires each state party to regulate brokering for conventional arms covered by the ATT that takes place under its jurisdiction. The obligation is qualified by the phrase ‘pursuant to its national laws’, which allows states parties a certain margin of discretion. The provision does not specify what types of measures must be taken to control brokering but does suggest requiring brokers to register or to obtain written authorization before they may engage in brokering activities. Registration is a process whereby persons who wish to engage in brokering must apply to the relevant authority, possibly fulfil certain criteria, and be recorded as persons who are permitted to engage in brokering activities. This gives the authorities a record—and potentially also oversight—of brokers.

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