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How the Transfer of Arms Violates Article 2(4) and Leads to the Risk of Global War
Legal Issue
The legal issue identified in this paper is how the transfer of arms could be a violation of UN Charter Article 2(4). The examples of the transfer of arms from UK to Saudi Arabia to be used in an attack on Yemen as well as the transfer of arms from the US and other states to Ukraine to attack Russia are used in the paper. The escalation of conflict from sanctions to hot war and the threat of nuclear war is discussed. The idea being pursued is that legal parameters have largely been eschewed in the West from Article 2(4) to the use of economic sanctions or the breaking of contracts (such as Germanys breaking of its contract with Russia regarding Nord Stream 2, in violation of the General Agreement on Tariffs and Trade in the WTO.
Draft Structure
The draft structure consists of these sections:
I. Introduction
II. Article 2(4)
III. The Arms Trade
a. Violation of Article 2(4)
b. Retaliation of States to the Transfer of Arms
IV. Escalation
a. Germanys Reaction to Russian Retaliation
b. Economic Sanctions
V. Conclusion
Preliminary Bibliography
Bolvin, Alexandra. Complicity and beyond: International law and the transfer of small
arms and light weapons (2005) 87 International Review of the Red Cross 467.
Chercheneff, Lena. Challenging unilateral and extraterritorial sanctions under
international economic law: exploring leads at the WTO and the OECD (2021) Research Handbook on Unilateral and Extraterritorial Sanctions, 2021, University of Lille, France.
Hofer, Alexandra. Unilateral and Extraterritorial Sanctions Symposium: Here We
Go Again, Russian Aggression and Western Sanctions (2022) Accessed March 21, 2022: http://opiniojuris.org/2022/02/28/unilateral-and-extraterritorial-sanctions-symposium-here-we-go-again-russian-aggression-and-western-sanctions/
Hofer, Alexandra. Unilateral sanctions as a challenge to the law of state
Responsibility (2021) Research Handbook on Unilateral and Extraterritorial Sanctions, 2021, University of Lille, France.
Kerbrat, Yann. Unilateral/extraterritorial sanctions as a challenge to the theory of
Jurisdiction (2021) Research Handbook on Unilateral and Extraterritorial Sanctions, 2021, University of Lille, France
Stavrianakis, Anna. Playing with Words While Yemen Burns: Managing Criticism of
UK Arms Sales to Saudi Arabia 8 Global Policy (2017) 1.
Timofeev, Ivan. Unilateral and extraterritorial sanctions policy: the Russian
Dimension (2021) Research Handbook on Unilateral and Extraterritorial Sanctions, University of Lille, France.
...…
References
Bolvin, Alexandra. ‘Complicity and beyond: International law and the transfer of small
arms and light weapons’ (2005) 87 International Review of the Red Cross 467.
Chercheneff, Lena. ‘Challenging unilateral and extraterritorial sanctions under
Go Again, Russian Aggression and Western Sanctions’ (2022) Accessed March 21, 2022: http://opiniojuris.org/2022/02/28/unilateral-and-extraterritorial-sanctions-symposium-here-we-go-again-russian-aggression-and-western-sanctions/
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