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Art.23 Provisional Application

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: 01 December 2023

Human rights remedies — Arms control — International trade — Humanitarian intervention — Vienna Convention on the Law of Treaties — Disarmament — International peace and security

This chapter explores Article 23 of the ATT, which considers the provisional application of states to the ATT. When signing, ratifying, accepting, approving, or acceding to the ATT, any state may declare that it will provisionally apply the key elements regarding prohibition of transfer and export and export assessment as set out in Articles 6 and 7 of the ATT, respectively. Such provisional application generally extends until the state becomes party to the treaty. This article is broader in scope compared to similar provisions in other disarmament treaties and is more far-reaching than provisional application as foreseen by the 1969 Vienna Convention on the Law of Treaties. The opportunity provisionally to apply core elements of the ATT may prove particularly attractive to states that are among the first to ratify the treaty or to signatory states whose domestic ratification process may be expected to be prolonged or delayed.

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