The Legality of Small Arms Production

Nicola Piccini

doi:10.2218/ccj.v1.4945

Abstract

Officially, international control of small arms and light weapons (SALW) has made considerable advancements in recent years, most notably in the form of the 2014 Arms Trade Treaty (ATT). Nonetheless, important systemic and structural deficiencies seem to persist, which prevent these control mechanisms from achieving their intended purpose. In an attempt to find an explanation for these shortcomings, this article traces back previous attempts aimed at combatting the illicit proliferation of SALW, by emphasising both their unbowed demand and the trade’s continuous commercial viability. The example of Bulgarian-made AK-47 machineguns underlines the picture of a system intentionally failing to prevent the weapons’ profitable export. It concludes that following the rise of globalisation, the privatisation of SALW manufacturing industries appears to have become the biggest impediment to effective control. Subsequently, it is argued that most anti-proliferation treaties are deliberately limited to a priori insufficient trade restrictions, as they lack any pre-emptive measures that target these weapons’ mass production in the first place. Once produced, SALW will find a buyer – no matter the existence of trade restrictions.

Highlights

The past thirty years have witnessed increased attention brought to the global proliferation of small arms and light weapons (SALW) due to their recognition as the primary cause of death in conflict situations since the end of the Cold War, with women and children being disproportionally affected (Lustgarten 2015; Bolton, Sakamoto & Griffiths 2012; Killicoat 2006)
Highlighting the fact that the geographic fulcrum of SALW production lies in the Global North, the essay proceeds to analyse the key impact of increased privatisation and globalisation on Western small arms manufacturing industries in the post-Cold War era (Bolton, Sakamoto & Griffiths 2012; Marsh 2002)
The evidence collected suggests a lack of wholeheartedness of SALW-producing countries in their attempts to effectively restrict potentially dangerous individuals from getting access to weaponry

Summary

Introduction

The past thirty years have witnessed increased attention brought to the global proliferation of small arms and light weapons (SALW) due to their recognition as the primary cause of death in conflict situations since the end of the Cold War, with women and children being disproportionally affected (Lustgarten 2015; Bolton, Sakamoto & Griffiths 2012; Killicoat 2006). An initial account of the global distribution of small arms, their humanitarian impact and market value will be followed by a scrutiny of past trade-focused initiatives aimed at combatting illicit proliferation. Highlighting the fact that the geographic fulcrum of SALW production lies in the Global North, the essay proceeds to analyse the key impact of increased privatisation and globalisation on Western small arms manufacturing industries in the post-Cold War era (Bolton, Sakamoto & Griffiths 2012; Marsh 2002). The developments in this period have since proved seminal for the efficacy of trade-focused arms treaties. These mechanisms are usually limited to arms trade and fall short of having any pre-emptive effects

The impact of SALW

Impact of privatisation and globalisation on SALW production

Conclusion