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Summer 2017
DEFENDERS
26
the basis of international humanitarian
law, which can be justified according to
Article 1 of 1949 Geneva Conventions.
The limitation on arms transfers can be
also discussed and projected on the basis
of the responsibility of governments,
which have joined human rights
treaties, within the territory that is under
effective control of those governments.
This responsibility also applies to those
governments that act as intermediate
links in arms transfers.
Efforts made to enforce nonproliferation
of conventional arms perhaps date back to ancient times. However, the period
following World War II can be considered as the most effective juncture of
history in this regard in which nonproliferation received serious attention. The
most important part of the nonproliferation regime for conventional arms was
related to agreements reached between the United States and the former Soviet
Union in 1970s to reduce tensions in their respective spheres of influence,
which failed in the following decades.
Subsequent to those efforts, European countries took another step toward
preventing proliferation of conventional arms in 1998 by passing a law for the
management of arms transfers. This was the first serious treaty in its kind for
preventing proliferation of conventional arms. The United States and Europe
also made further efforts in 2000 to prevent proliferation of conventional arms
in Africa.
Under the present conditions, there are many thinkers and academics, who
have offered their theories on the idea that nonproliferation of conventional
arms must be put on the agenda of all governments as part of the international
law. For example, Den Dekker argues that this should be a natural branch of
the international law while Carter believes that such a legal order is among the
most important prerequisites for reduction of armed conflicts and subsequent
human casualties and must be put on the agenda of all governments through
repeated interpretations of the international law.
There are also people like Gillard, who have been theorizing about the
relationship between human rights and nonproliferation of conventional arms
and believe that human rights can be used as a means of imposing restrictions
on free transfer of arms.
In general, legal fundaments for nonproliferation of conventional arms are
not only diverse, but also enjoy variety and take advantage of different legal
logics, which will be explained below:
1. International trade law includes elements in its various articles,
which can only lay out prerequisites of a nonproliferation regime for
Many thinkers and academics,
have offered theories on the
idea that nonproliferation
of conventional arms must
be put on the agenda of all
governments as part of the
international law