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Commentaries on Arms Control Treaties Volume 1: The Convention on the Prohibition of the Use, Stockpiling, Production, and Transfer of Anti-Personnel Mines and on their Destruction

Stuart Maslen (Consultant on Humanitarian Affairs)



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Oxford University Press
01 August 2005
Arms negotiation & control; Treaties & other sources of international law; International humanitarian law
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.
By:   Stuart Maslen (Consultant on Humanitarian Affairs)
Imprint:   Oxford University Press
Country of Publication:   United Kingdom
Edition:   2nd Revised edition
Dimensions:   Height: 234mm,  Width: 157mm,  Spine: 38mm
Weight:   1.067kg
ISBN:   9780199287024
ISBN 10:   0199287023
Series:   Oxford Commentaries on International Law
Pages:   706
Publication Date:   01 August 2005
Audience:   Professional and scholarly ,  Undergraduate
Format:   Paperback
Publisher's Status:   Active
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

Stuart Maslen is a Consultant on Humanitarian Affairs. He was a Member of the UNICEF delegation to the First Review Conference of the 1980 Convention on Certain Conventional Weapons, 1995-1996, and a Member of the International Committee of the Red Cross delegation to the Diplomatic Conference on a Total Global Ban on Anti-Personnel Landmines, in Oslo, September 1997.

Reviews for Commentaries on Arms Control Treaties Volume 1: The Convention on the Prohibition of the Use, Stockpiling, Production, and Transfer of Anti-Personnel Mines and on their Destruction

At last, therapists have a clear, comprehensive, practical guide to the boundary decisions facing each of us throughout every course of therapy. Two foremost authorities discuss the full range of boundary issues-time, place, fee, gifts, self-disclosure, touch, documentation, causes and responses to false complaints, avoiding problems and misunderstandings, and so on-in light of the patient's condition and needs, benefits and risks, research, legal standards and liabilities, and varying theoretical orientations. No practicing therapist, training program, or expert witness should be without this essential resource. - Kenneth S. Pope, coauthor of Ethics in Psychotherapy and Counseling: A Practical Guide, Third Edition Gutheil and Brodsky have done an outstanding job. Reading this text is like taking a course with the authors, who demonstrate great wisdom and perspicacity as they build the reader's awareness, elucidate what constitutes a boundary violation, and provide strategies for prevention. In today's litigious climate, in which clinical practitioners need to remain so mindful of their professional role, this book is a welcome contribution. - Frank M. Dattilio, Department of Psychiatry, Harvard Medical School and University of Pennsylvania School of Medicine, USA This is an excellent volume. I'm pleased to see that it immediately addresses 'transference atheists,' psychotherapists whose theoretical models allow them to pretend that a therapist holds no special power or responsibility in the relationship. The authors' willingness to make clear that clinical practice of mental health occurs within boundaries-whether one practices CBT, prescribes medication, is covering for the treating provider, or does in-depth, transference-based work-is wonderful to encounter. The clarity of the writing makes this book accessible both for beginning therapists and for those of us who are more experienced and think we know better-but often don't. - Laura S. Brown, Director, Fremont Community Therapy Project, Seattle, USA What is refreshing and exemplary about this superb book is that the authors appreciate the pervasive ambiguity and uncertainty that are inherent in clinical decisions involving boundaries. A gesture that saves the therapy in one context can destroy the therapy in another context. Each chapter of this rich volume is filled with clinical wisdom and thoughtful risk management strategies that will be of great assistance to both mental health trainees and experienced psychotherapists. - Glen O. Gabbard, Brown Foundation Chair of Psychoanalysis and Professor of Psychiatry, Baylor College of Medicine, USA

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