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Art.25 Reservations

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

Subject(s):
Human rights remedies — Arms control — International trade — Humanitarian intervention — Disarmament — International peace and security

This chapter discusses the reservations of the party states to the obligations of the ATT which are covered by Article 25 of the ATT. Customary international law permits reservations to be formulated unless they are incompatible with the object and purpose of a treaty; this provision in ATT reaffirms that position. It differs from certain other disarmament treaties, such as the 1992 Chemical Weapons Convention, the 1997 Anti-Personnel Mine Ban Convention, and the 2008 Conventions on Cluster Munitions, none of which permit any reservations to their provisions. As of November 2015, no reservations sensu stricto had been made by states parties to the ATT to that treaty’s provisions. Article 25 potentially relates to all other provisions in the ATT; any reservations to the obligations set out in Articles 6 or 7 would probably be unlawful.

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