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The Title of the Treaty

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: 22 February 2024

Human rights remedies — Arms control — Weapons of mass destruction — Weapons, nuclear — Disarmament

This chapter examines the title of the ATT which is covered by Article 2(1) and Article 2(2). The title of the treaty reflects the title and the mandate of UN General Assembly Resolution 64/48. Article 2(1) states that the treaty ‘shall apply to all conventional arms’ within the categories set out in that provision. Conventional arms are understood to include all arms other than weapons of mass destruction. In turn, weapons of mass destruction are usefully defined by the United States (US) Department of Defense as ‘chemical, biological, radiological, or nuclear weapons capable of a high order of destruction or causing mass casualties and exclude the means of transporting or propelling the weapon where such means is a separable and divisible part from the weapon’. Article 2(2) meanwhile contains the definition of trade and transfer used in the ATT.

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