Jump to Content Jump to Main Navigation

The Preamble

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: 07 December 2023

Human rights remedies — Arms control — Self-defence — Humanitarian intervention — Disarmament — International peace and security

This chapter analyses the preamble of the ATT. The preamble of an international treaty typically sets out its purpose and the context of its adoption. The ATT is unusual in that in addition to eighteen preambular paragraphs it contains a set of eight principles in accordance with which the states parties are ‘determined to act’. Each of the preambular paragraphs includes an acknowledgement of the right of all states to manufacture, develop, acquire, import, export, transfer, and retain conventional arms and related items and capabilities for self-defence and security needs and in order to participate in peace support and humanitarian operations. This right, however, does not create any obligation for states to do so and such rights must be exercised in accordance with international law.

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.