LAW AND THE ARMS TRADE weapons, blood and rules;weapons, blood and rules

This ground-breaking book offers an extensive legal analysis – grounded in public, EU, and international law – of arms trade regulation, integrated with insights drawn from international relations. The sale of weapons and related technologies is, globally, one of the most politically controversial and ethically contentious forms of commerce. Intimately connected with sustaining repressive governments and violations of international human rights and humanitarian law, arms exports are also a central element in the economic and strategic policies of the governments of all large industrial states. They have also been the source of abundant corruption, and of serious challenges to the norms and effectiveness of constitutional accountability in democratic states. On paper, the arms trade is heavily regulated: national legislation and international treaties are in place which purport to prohibit certain transactions and limit others. Yet despite its importance, legal and international relations scholarship on the subject has been surprisingly limited. This book fills this gap in the literature by examining and comparing the export control regimes of eight leading nations – USA, Russia, UK, France, Germany, Sweden, China and India – with chapters contributed by leading experts in the field of law and international relations. Preface Acknowledgements Table of Contents Contributors PART I: FUNDAMENTAL CONSIDERATIONS 1. The Arms Trade: A Critical Introduction I. Introduction II. Small Arms and Light Weapons III. Internal Repression IV. Endemic Corruption V. Diversion VI. Contribution to Aggression and Instability VII. Economic and Social Impact VIII. Violations of International Humanitarian Law IX. Domestic Blowback: The Effect on Arms Suppliers X. Controlling the Exporter's Foreign Policy XI. Summary List of References 2. Governing Arms Transfers: The Praxis of Law and the Evaluation of Risk I. Introduction II. 'Case-by-Case' Decision-Making III. The Central Role of Risk IV. Conclusion List of References PART II: THE EUROPEAN EXPORTING STATES (A) European Union Legislation 3. Fragile Underpinning: The Limits of EU Rules I. Introduction II. The Constitutional Framework of EU Arms Export Criteria III. Variation and Inconsistency IV. EU Arms Embargoes: Variations on a Theme V. The Regulation of Dual-Use Exports VI. A Relative Success VII. Facilitating Arms Sales within the Union VIII. Conclusion List of References 4. The EU Criteria: A Critical Examination I. Introduction II. Point of Departure III. The Specific Criteria IV. Conclusion Appendix: On the Complexities of Arms Export Data List of References (B) Four Exporters: Harmonisation and Divergence 5. The UK: Institutional and Legal Innovation, Dangerous Dependency I. Introduction II. The Role of Arms Exports in the UK Economy III. History of UK Arms Exports IV. The UK Licensing System V. Parliament and Arms Sales VI. Arms Sales and Judicial Review VII. Conclusion Appendix One: The Place of Arms Exports in the UK Economy 1. Existing Information on Arms and Defence-related Jobs 2. Approach to Estimating Jobs Related to Arms Exports 3. Discussion 4. Summary and Conclusion Appendix Two: The (Likely) Impact of Brexit List of References 6. The German Control Regimeon Arms Exports I. Introduction II. The Politics and Economics of Arms Export from Germany III. The Legal Framework of Arms Export Control IV. The Policy Level V. Conclusion List of References 7. Arms Exports in France I. Legal Provisions and Institutional Structures II. Political and Economic Factors Influencing Arms Export III. The Importance of Arms Export to the Economy IV. Arms Exports' Alteration V. The Executive, Legislative and Judicial Powers VI. Public Debate and Media Attention VII. Arms Exports Scandals VIII. Position vis-à-vis International Regulations IX. EU System of Criteria Implementation List of References 8. Sweden's Arms Export Controls: Balancing Support and Restraint I. Introduction II. Swedish Arms Exports: A Key Aspect of Foreign and Security Policy III. Swedish Arms Exports: A Focus of Political and Public Opposition IV. Sweden's Arms Export Controls: Between Facilitation and Restraint V. Conclusion List of References PART III: THE MAJOR STATES OUTSIDE EUROPE 9. The United States and Arms Exports I. Legislation Covering Arms Exports II. The Arms Transfer Decision-Making Process III. End-Use Monitoring IV. Considerations Shaping US Arms Export Policies V. Economic Importance of Sales VI. Patterns of US Arms Exports VII. Judicial Review VIII. Arms Trade Treaty IX. Public Debate on Arms Transfers X. Scandals and the Evolution of Export Controls XI. Conclusion Appendices List of References 10. Russian Arms Exports I. A Brief Historical Introduction II. The Institutional Framework Today III. The Role of Parliament, Independent Expertise and Public Opinion IV. The Scale and Structure of Russian Arms Exports V. Russian Arms Imports VI. A New Challenge for Russian Arms Exports VII. Conclusion List of References 11. China as an Arms Exporter:The Strategic Contours of China’s Arms Transfers I. China’s Defence Industrial Strategy II. Four Waves of Chinese Arms Exports III. China as an Arms Supplier in the 21st Century IV. The Impact of Chinese Arms Transfers V. Conclusion List of References 12. India and Arms Exports I. Introduction II. Indian Arms Exports III. India’s Export Controls IV. India and International Regimes V. Conclusion List of References PART IV: INTERNATIONAL LAW 13. Arms Transfer Regulation beyond National Borders I. The International Law Background: Individual and Corporate Liability II. The International Law Background: State Responsibility? List of References 14. The Arms Trade Treaty: A Measure of Global Governance I. The Historical Background II. General Treaty Provisions III. The Substantive Obligations Imposed on States IV. Conclusion List of References PART V: CONCLUSION 15. Future Directions I. Introduction II. Towards an Ethically-Grounded Arms Trade Policy III. Some Fundamental Changes IV. Enhancing Existing Criteria V. Institutional Change List of References Index "This book provides an illuminating commentary of law reform in the early modern era (1500-1740) and views the moves to improve law and legal institutions in the context of changing political and governmental environments. Taking a fresh look at law reform over several centuries, it explores the efforts of the king and parliament, and the body of literature supporting law reform that emerged with the growth of print media, to assess the place of the well-known attempts of the revolutionary era in the context of earlier and later movements. Law reform is seen as a long term concern and a longer time frame is essential to understand the 1640-1660 reform measures. The book considers two law reform movements: the moderate movement which had a lengthy history and whose chief supporters were the governmental and parliamentary elites, and which focused on improving existing law and legal institutions, and the radical reform movement, which was concentrated in the revolutionary decades and which sought to overthrow the common law, the legal profession and the existing system of courts. Informed by attention to the institutional difficulties in completing legislation, this highlights the need to examine particular parliaments. Although lawyers have often been seen as the chief obstacles to law reform, this book emphasises their contributions - particularly their role in legislation and in reforming the corpus of legal materials - and highlights the previously ignored reform efforts of Lord Chancellors"-- Provided by publisher "This ground-breaking book offers an extensive legal analysis-grounded in public law, EU, and international law-of arms trade regulation, integrated with insights drawn from international relations. The sale of weapons and related technologies is, globally, one of the most politically controversial and ethically contentious forms of commerce. Intimately connected with sustaining repressive governments and violations of international human rights and humanitarian law, arms exports are also a central element in the economic and strategic policies of the governments of all large industrial states. They have also been the source of abundant corruption, and of serious challenges to the norms and effectiveness of constitutional accountability in democratic states. On paper, the arms trade is heavily regulated: national legislation and international treaties are in place which purport to prohibit certain transactions and limit others. Yet despite its importance, legal and international relations scholarship on the subject has been surprisingly limited. This book fills this gap in the literature by examining and comparing the export control regimes of eight leading nations - the USA, Russia, the UK, France, Germany, Sweden, China, and India - with chapters contributed by leading experts in the field of law and international relations"-- Provided by publisher Présentation de l'éditeur : "This ground-breaking book offers an extensive legal analysis-grounded in public, EU, and international law-of arms trade regulation, integrated with insights drawn from international relations. The sale of weapons and related technologies is, globally, one of the most politically controversial and ethically contentious forms of commerce. Intimately connected with sustaining repressive governments and violations of international human rights and humanitarian law, arms exports are also a central element in the economic and strategic policies of the governments of all large industrial states. They have also been the source of abundant corruption, and of serious challenges to the norms and effectiveness of constitutional accountability in democratic states. On paper, the arms trade is heavily regulated: national legislation and international treaties are in place which purport to prohibit certain transactions and limit others. Yet despite its importance, legal and international relations scholarship on the subject has been surprisingly limited. This book fills this gap in the literature by examining and comparing the export control regimes of eight leading nations - USA, Russia, the UK, France, Germany, Sweden, China, and India - with chapters contributed by leading experts in the field of law and international relations." "This book offers a legal analysis-grounded in public law, EU, and international law-of arms trade regulation, integrated with insights drawn from international relations. The sale of weapons and related technologies is, globally, one of the most politically controversial and ethically contentious forms of commerce. Intimately connected with sustaining repressive governments and violations of international human rights and humanitarian law, arms exports are also a central element in the economic and strategic policies of the governments of all large industrial states. They have also been the source of abundant corruption, and of serious challenges to the norms and effectiveness of constitutional accountability in democratic states. On paper, the arms trade is heavily regulated: national legislation and international treaties are in place which purport to prohibit certain transactions and limit others. Yet despite its importance, legal and international relations scholarship on the subject has been surprisingly limited. This book fills this gap in the literature by examining and comparing the export control regimes of eight leading nations - the USA, Russia, the UK, France, Germany, Sweden, China, and India - with chapters contributed by leading experts in the field of law and international relations"-- Provided by the publisher