The Legal Rules And Regulations Research Of The International Arms Trade

Conventional weapons, especially on the basis of the regional unstable situation and thehumanitarian crisis and other issues caused by the illicit transfer and misuse of small and lightarms have increasingly attracted widespread attention from the international community. Afterthe Cold War, the international community has focused on the regulation of conventionalweapons because conventional weapons are most likely to be used in domestic as well asinternational conflicts, and also most likely to be in the hands of terrorists. In today’s global tradeof convenience, international conventional arms are in shortage of an international uniformregulatory mechanism. In the United Nations General Assembly held on April2,2013, a billnamed “Arms Trade Treaty”, a regulation of conventional arms import, export, re-export, transitand brokering activities, has won over an overwhelming support, which work out commonregulatory standard for the international trade in conventional arms and has great significance forthe international stability and the protection of human rights. The issue of " Arms Trade Treaty",as is quoted from UN Secretary-General Ban Ki-moon, the pass of the very first UN " ArmsTrade Treaty" designed to regulate international trade in conventional arms is a historicdiplomatic achievement and the accomplishment of the long-term expectations, dreams and yearsof hard work. The international rule of law thus has a welcome step forward and the enact ofglobal arms trade rules is a victory of the people throughout the whole world.This paper, in total twenty-eight thousand words, besides the introduction and conclusion, isdivided into four parts：Part Ⅰ: The first part is an overview the development of the international arms trade. Thispart has combed the historical context and the current status of its development, and made someanalysis according to the specific situation of our own country. The main forms of internationalarms trade before the end of the Cold War is arms aid, a fundamental continuation of the politicalalliance, with little characteristics of trade. After the end of the Cold War, the international armstrade has turned out more of a trade with an emphasis on the profit of economy. The increasingimports and exports of arms in China in recent years is an indicator of China ’s military strength,and it is necessary to promote the enact of international arms trade on the basis of improving one’s own legislation on arms trade.Part Ⅱ: The second part is an introduction of the existent international treaties on armscontrol and also their implementation. Peace and development are the themes of today’s world,and also the basis of the principle of non-interference in the internal affairs in the UN Charter.The development and implementation of the treaty of the regulations over WMD and the certainconventional weapons is an achievement of the whole human beings’ efforts to maintain worldpeace with UN as a link and also the pre-requisite of the enact of the legislative regulations ofinternational arms trade.Part Ⅲ: the third part conducts a comprehensive analysis of " Arms Trade Treaty " from theview of international law, the most representative of the international arms trade regulation law.The theoretical value of " Arms Trade Treaty" consists in the fact that according to the "UNCharter " Article26, one of the tasks of the UN is to promote, establish and maintain internationalpeace and security and limit the use of human capital and economic sources for arms race. Peaceand security, development and human rights, which are closely related to each other and mutuallyreinforce each other, are the three pillars of the United Nations system as well as the basis ofcollective security.All the countries have the inherent right to conduct individual or collectiveself-defense for their inviolable national sovereignty, as is recognized by the "UN Charter "Article51. But the form of rights preservation shall not endanger international peace and security,and justice in international relations; and any violent threat or use of violence to intrude theterritorial integrity or political independence of any State shall be forbidden; any interference inany domestic affairs of any State shall be forbidden; all the countries claim the responsibility inaccordance with their international obligations to effectively monitor the international trade inconventional arms and to make and implement their own national control systems.Part Ⅳ: This part proposes our response to the regulatory law of the arms trade from theperspective of international law based on the sketch above.1. Win over a greater say ininternational legislation by the role of a great country in UN;2. Strengthen internationalcooperation and promote the lawful regulation of international arms trade.3. Promote thelegislation of international arms trade on the basis of Five Principles of Peaceful Co-existenceand UN Charter.4. Strengthen the regulation and legislation of domestic conventional arms trade.