Commentaries on Arms Control Treaties Volume 1: The Convention on the Prohibition of the Use…

Paperback | October 15, 2005

byStuart Maslen

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In September 1997, States meeting in Oslo adopted a new international legal instrument, the Convention on the Prohibition on the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction. Hailed as a breakthrough after the failure of negotiations held withinthe auspices of the United Nations to agree on a total ban on anti-personnel mines, the Convention entered into force in record time and has already attracted more than 125 parties. Generally regarded as a hybrid of arms control and humanitarian law, it marked the culmination of many years of energetic campaigning by hundreds of organizations worldwide. Yet some of its core provisions remain the subject of contention, and major military powers remain outside its purview. Inaddition to offering a comprehensive interpretation of the Convention's provisions article by article, this commentary describes the development and use of anti-personnel mines, assesses their military utility, and reviews the legal antecedents to the Convention as well as the unusual negotiatingprocess that resulted in its adoption. An overview of the principles of treaty interpretation is provided for non-specialists, and extensive source material, including the various drafts of the Convention, are included as appendixes.

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In September 1997, States meeting in Oslo adopted a new international legal instrument, the Convention on the Prohibition on the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction. Hailed as a breakthrough after the failure of negotiations held withinthe auspices of the United Nations to agree on...

Stuart Maslen is a Consultant on Humanitarian Affairs. He was a Member of the UNICEF delegation to the First Review Conference of the 1980 Convention on Certain Conventional Weapons, 1995-1996, and a Member of the International Committee of the Red Cross delegation to the Diplomatic Conference on a Total Global Ban on Anti-Personnel L...

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Format:PaperbackDimensions:704 pages, 9.21 × 6.14 × 1.51 inPublished:October 15, 2005Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199287023

ISBN - 13:9780199287024

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Table of Contents

PrefaceIntroductionThe Development and Use of Anti-Personnel MinesThe Military Utility of Anti-Personnel MinesAn Historical Overview of the Legal Regulation of Anti-Personnel MinesThe Negotiation of the Anti-Personnel Mine-Ban ConventionCommentaryThe Title and Preamble of the ConventionGeneral ObligationsDefinitionsExceptionsDestruction of Stockpiled Anti-Personnel MinesDestruction of Anti-Personnel Mines in Mined AreasInternational Cooperation and AssistanceTransparency MeasuresFacilitation and Clarification of ComplianceNational Implementation MeasuresFinal ClausesSettlement of DisputesMeetings of the States PartiesReview ConferencesAmendmentsCostsSignatureRatification, Acceptance, Approval, or AccessionEntry into ForceProvisional ApplicationReservationsDuration and WithdrawalDepositaryAuthentic TextsAppendixes1. Key Provisions of Treaty Interpretation2. United Nations General Assembley Resolutions3. Conference Declarations4. Draft Treaty Texts5. Oslo Diplomatic Conference Documentation6. Meetings of the States Parties Documentation7. Model for an Article 7 Report8. List of States Parties and Signatories to the Convention9. Declarations to the Convention10. Anti-Personnel Mine Ban Convention