Chapter

The arms trade treaty and human security : what role for NSAS ?

Zeray Yihdego

Human security and international law : the challenge of non-state actors

Cambridge [etc.] : Intersentia, 2014

p. 135-173

English

In 2013 a UN-sponsored Arms Trade Treaty (ATT) that regulates the irresponsible spread of conventional arms was adopted. Zeray Yihdego traces how these weapons, which are manufactured and sold by NSAs, adversely affect human security and how NSAs are involved in the development of arms control regulations, focusing specifically on the ATT. Like all treaty negotiations, negotiations on the ATT were formally carried out by States. Yihdego draws our attention, however, to the various ways NSAs - both the arms industry resisting stringent regulation and civil society campaigners advocating for stricter regulation - have influenced these negotiations, and have informed - or not - State positions on specific issues. If anything, the dynamics of these negotiations show that NSAs are accorded participatory roles and rights in State-dominated international norm-setting processes. One should, however, not be deluded into thinking that this participatory revolution necessarily furthers human security. Participation allows NSAs to inject a variety of views into the debate. Some - such as those taken by civil society - may further human security; others - such as those taken by the arms industry - may not. Ultimately, the exact impact of discreet NSA lobbying on the outcome of international negotiations, will depend on the legitimacy of the cause defended, the access that various NSAs have to State administrations and diplomats, and the business interests involved. Civil society NSAs have come out on top by successfully pushing governments to conclude such human security-enhancing treaties as the Mine Ban Treaty (1997) or the Cluster Munitions Convention (2008).

• Human security and international law : the challenge of non-state actors / Cedric Ryngaert, Math Noortmann (eds.)