The Arms Trade Treaty was the first legally binding multilateral instrument restricting the transfer of conventional arms, with the aim of reducing violations of human rights and humanitarian principles and the commission of crimes - such as genocide, war crimes and crimes against humanity - caused by irresponsible or illegal arms transfers. Despite the inclusion of humanitarian norms as criteria for the authorization and monitoring of international arms transfers, the lack of signature and/or ratification of half of the ten largest arms exporters restricts the application of the Treaty, which already has its effectiveness compromised due to the lack of objectivity in the export criteria and by illegal arms transfers. Therefore, this work aims to reflect on the content, achievements, weaknesses and omissions of the text, as well as on ways to improve the norms of the Treaty, from the point of view of International Humanitarian Law. The research uses the deductive method, through the technique of bibliographic and documentary research. We conclude that, despite representing an advance in the international regulation of the trade in conventional weapons, it is still not sufficient to deal with the complexity imposed by reality, especially with regard to the detour and dissemination of armaments and the resulting abuses against International Humanitarian Law due to armed conflicts.
Humanitarian interventions in the 1990s provoked great discussions about their efficiency since they call into question the primacy of the State's territorial integrity, as well as its sovereignty (GRIMM; COOPER, 2015).
demands for greater autonomy or self-government led to demands for full independence. With the disintegration of the Austro-Hungarian and Ottoman empires during World War I, the territory of the old empires demanded new sovereigns (EMERSON, 1971). In this context, the principle of self-determination became the foundation of the new division of Europe by the victorious powers. Until then, self-determination was an element raised only by the nations that were within the territories of the defeated empires. Therefore, it was not thought to apply to overseas colonies (BLAY, 1986).
services in the private sector – by States, international organizations, and NGOs- is a trend on the global stage. The change to the use of Military and Private Security Companies (PMSC) in several countries raises the importance of studies on the area in the light of International Law, mainly due to the role they play in the performance of functions that normally are monopolized by the States (COHEN, 2005). Given this, initiatives in the international space regarding the importance of legal regulation can be an effective means of limiting and controlling PMSC activities, taking into account the international dimension of the privatization phenomenon. However, although PMSCs do not operate entirely within a legal vacuum, the normative framework, albeit simple, that governs their activities at the international level is still controversial (NANDI; MOHANTY, 2010).
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