The convention on the prohibition of the use, stockpiling, production, and transfer of anti-personnel mines and on their destruction

書誌事項

The convention on the prohibition of the use, stockpiling, production, and transfer of anti-personnel mines and on their destruction

Stuart Maslen

(Oxford commentaries on international law, . Commentaries on arms control treaties ; v. 1)

Oxford University Press, 2005

2nd ed

  • : pbk
  • : hbk

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注記

Previous ed.: 2004

Includes bibliographical references (p. [332]-344) and index

内容説明・目次

巻冊次

: pbk ISBN 9780199287024

内容説明

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 within the 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. In addition 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 negotiating process 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.

目次

  • PREFACE
  • INTRODUCTION
  • COMMENTARY
  • FINAL CLAUSES
  • APPENDIXES
巻冊次

: hbk ISBN 9780199296798

内容説明

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 within the 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. In addition 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 negotiating process 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.

目次

  • PREFACE
  • INTRODUCTION
  • The Development and Use of Anti-Personnel Mines
  • The Military Utility of Anti-Personnel Mines
  • An Historical Overview of the Legal Regulation of Anti-Personnel Mines
  • The Negotiation of the Anti-Personnel Mine-Ban Convention
  • COMMENTARY
  • The Title and Preamble of the Convention
  • General Obligations
  • Definitions
  • Exceptions
  • Destruction of Stockpiled Anti-Personnel Mines
  • Destruction of Anti-Personnel Mines in Mined Areas
  • International Cooperation and Assistance
  • Transparency Measures
  • Facilitation and Clarification of Compliance
  • National Implementation Measures
  • FINAL CLAUSES
  • Settlement of Disputes
  • Meetings of the States Parties
  • Review Conferences
  • Amendments
  • Costs
  • Signature
  • Ratification, Acceptance, Approval, or Accession
  • Entry into Force
  • Provisional Application
  • Reservations
  • Duration and Withdrawal
  • Depositary
  • Authentic Texts
  • APPENDIXES
  • 1. Key Provisions of Treaty Interpretation
  • 2. United Nations General Assembley Resolutions
  • 3. Conference Declarations
  • 4. Draft Treaty Texts
  • 5. Oslo Diplomatic Conference Documentation
  • 6. Meetings of the States Parties Documentation
  • 7. Model for an Article 7 Report
  • 8. List of States Parties and Signatories to the Convention
  • 9. Declarations to the Convention
  • 10. Anti-Personnel Mine Ban Convention

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