ABSTRACT

This chapter deals with identifying the motivational structures that might underlie arms agreements or arms understanding. Usually there are three broad types of enforcement with agreements. One is based on the analogy of criminal law in which a violation or an unauthorised withdrawal, a renunciation of the treaty, is a bad act to be punished. The second is based on the analogy of civil law in which it is not a bad act but it does open one to a suit for damages; that is to say, one must suitably reimburse the other, and to the extent that he can prove harm take care of him. The third is that one owes him nothing, and is susceptible to no pain or punishment, but he is released from his obligation to one. Not all agreements involve reciprocity of release, but most international agreements do.