Law and the arms trade : weapons, blood and rules

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Law and the arms trade : weapons, blood and rules

Laurence Lustgarten

Hart, 2021

  • : PB

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Includes bibliographical references and index

Description and Table of Contents

Description

This ground-breaking book offers an extensive legal analysis-grounded in public, EU, and international law-of arms trade regulation, integrated with insights drawn from international relations. The sale of weapons and related technologies is, globally, one of the most politically controversial and ethically contentious forms of commerce. Intimately connected with sustaining repressive governments and violations of international human rights and humanitarian law, arms exports are also a central element in the economic and strategic policies of the governments of all large industrial states. They have also been the source of abundant corruption, and of serious challenges to the norms and effectiveness of constitutional accountability in democratic states. On paper, the arms trade is heavily regulated: national legislation and international treaties are in place which purport to prohibit certain transactions and limit others. Yet despite its importance, legal and international relations scholarship on the subject has been surprisingly limited. This book fills this gap in the literature by examining and comparing the export control regimes of eight leading nations - USA, Russia, the UK, France, Germany, Sweden, China, and India - with chapters contributed by leading experts in the field of law and international relations.

Table of Contents

PART I FUNDAMENTAL CONSIDERATIONS 1. The Arms Trade: A Critical Introduction 2. Governing Arms Transfers: The Praxis of Law and the Evaluation of Risk PART II THE EUROPEAN EXPORTING STATES (A) European Union Legislation 3. Fragile Underpinning: The Limits of EU Rules 4. The EU Criteria: A Critical Examination (B) Four Exporters: Harmonisation and Divergence 5. The UK: Institutional and Legal Innovation, Dangerous Dependency 6. The German Control Regime on Arms Exports DIRK HANSCHEL 7. Arms Exports in France JEAN-PHILIPPE DEROSIER AND BASAK ACAR 8. Sweden's Arms Export Controls: Balancing Support and Restraint MARK BROMLEY PART III THE MAJOR STATES OUTSIDE EUROPE 9. The United States and Arms Exports DR JOANNA SPEAR 10. Russian Arms Exports JULIAN COOPER 11. China as an Arms Exporter: The Strategic Contours of China's Arms Transfers MICHAEL RASKA AND RICHARD A BITZINGER 12. India and Arms Exports SHASHANK JOSHI PART IV INTERNATIONAL LAW 13. Arms Transfer Regulation beyond National Borders 14. The Arms Trade Treaty: A Measure of Global Governance PART V CONCLUSION 15. Future Directions

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