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Art.19 Dispute Settlement

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: 30 November 2023

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

This chapter analyses Article 19 of the ATT. The article establishes the process by which disputes between two or more states parties regarding the interpretation or application of the treaty should be settled. States parties are obliged to consult to pursue settlement of any such dispute. Beyond this, all peaceful means of dispute settlement are only obligatory to the extent that the concerned states parties mutually consent to the means in question. Paragraph 1 of the article obliges states parties to consult, and, by mutual consent, to co-operate to settle any dispute that may arise between them with regard to interpretation or application of the treaty. A non-exhaustive list of possible dispute settlement mechanisms is provided: negotiation, mediation, conciliation, judicial settlement, and other peaceful means.

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