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3 Indon. J. Int'l & Comp. L. 583 (2016)
The New International Law of Arms Trade: A Critical Analysis of the Arms Trade Treaty from the Human Rights Perspective

handle is hein.journals/indjicl3 and id is 625 raw text is: THE NEW INTERNATIONAL LAW OF ARMS TRADE A CRITICAL ANALYSIS OF THE ARMS TRADE TREATY FROM THE HUMAN RIGHTS PERSPECTIVE Jamil B alga Independent Scholar E-mail: jamil.balga@gmail.com On December24, 2014, the Arms Trade Treaty ('ATTor Treaty) entered into force. This constituted an historic moment, as the ATT is the first legally binding global treaty addressing both the illicit and licit international arms trade. It is a compromise agreement aimed at balancing human security and humanitari- an interests, such as preventing human rights violations and State security and economic interests, including self-defense and protecting the legal arms indus- try. Aimed to be adopted by consensus, serious compromises had to be made regarding the Treaty's most important provisions, namely its scope, transfer pro- hibitions, export restrictions, and enforcement and monitoring mechanisms. As the negative human rights and humanitarian consequences of the international arms trade played a crucial role in creating the ATTfrom the very beginning, this article critically analyzes the aforementioned provisions and the core issues from the perspective of human rights. The main research question constitutes whether these provisions are strong, specific, and unambiguous enough to fulfill one of the Treatys main objectives, which is to reduce human suffering by substantially contributing to the prevention and ending of serious human rights violations. It focuses on the narrow scope of the Treaty, the limited transfer prohibitions, the ambiguity within the export authorization provision, and the weak enforcement and lack of proper monitoring mechanisms. It also provides suggestions on how to remedy the aforementioned shortcomings of the Treaty. Keywords: Arms Trade Treaty, Human Rights, International Arms Trade, Interna- The author wishes to thank Dr. Zeray Yihdego (Visiting Fellow, Oxford Institute for Ethics, Law and Armed Conflict, Oxford University, and Reader in Public International 1 av, School of Law, University of Aberdeen) for his support and encouragement to write this article and for his comments on a previous draft. The views expressed and mistakes made in here are those of the author. he Indonesian ournal of International & Comparative Law ISSN: 2338-7602; E ISSN: 2338-770X http:/wwiv.iil.org 2016 Te Institute fr Migrant Rights Press

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