ABSTRACT
Introduction This chapter examines a concrete but unconventional regime on conventional arms, specifically small arms and light weapons (SALW), which do most of the killing in contemporary conflicts and armed violence around the world. The aim is to uncover the breadth and depth of this regime, which is seen as unconventional because it is not based on a single treaty or a group of related treaties, has regional and international dimensions, and the agreements and treaties that form it have distinct legally and politically binding natures. It is in many senses, therefore, a “scattered” regime that lends itself to an interesting and uncharted theoretical analysis. To illustrate this complexity, the chapter will outline the legal and political framework of the SALW regime, which is only a decade old and faced many challenges prior to its establishment. The chapter will examine the limits and possibilities of implementing it at the global level, where the complexities surrounding implementation are most daunting. It will also outline promising movement toward regional evolution through skillful diplomacy since 2008 and explore the evolution of this regime to include the problem of the demand for arms. In this regard, most of the regime on SALW evolved throughout the 1990s to address the supply side of the arms equation. Despite the efforts of some individual organizations to address the demand side, real action on the matter has only come to fruition in a concerted manner more recently. The advocacy, initiatives and campaigns on SALW in general have evolved considerably since the 1990s and now the time is ripe for addressing ways to reduce armed violence with a view to effectively improving human security. Action at the regional and local levels shows promising avenues for tackling the
effects of the misuse of arms as it affects human security. The chapter will examine the most recent concrete evolution of the regime, the European Union Treaty on Arms Transfers (called the Common Position), which evolved from a previously existing politically binding agreement. In addition, it will analyze an interesting evolution of the regime, which has assumed a different character with the Geneva Declaration on Armed Violence and Development, which attempts to address the demand side for arms, especially when states are unwilling to or incapable of providing security for their citizens (Quaker 2007). The Geneva Declaration is a strategic diplomatic initiative and a framework of action with clearly defined targets and deadlines, and measurable outputs. It is a global project, but is implemented regionally and locally. Finally, as in the other two cases, the examination of this case will allow an understanding of new forms of diplomacy in the making and furthering of international regimes. This will also constitute a contribution to the literature, which often neglects the creative diplomatic side of regime building.
