International measure on disarmament and international security| Shubhani Mittal

Acknowledgement

I would like to express my special thanks of gratitude to my professor who gave me the
golden opportunity to do this wonderful project on the topic contingent and vested
interest , which also helped me in doing a lot of Research and I came to know about so
many new things I am really thankful to them.

Secondly I would also like to thank my parents and friends who helped me a lot in
finalizing this project within the limited time frame.

Shubhani mittal

BBA-LLB

VIIth semester

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 International measure on disarmament and international security| Shubhani Mittal

Table of Contents

Abstract...........................................................................................................................................3

Disarmament.........................................................................................................................4

Introduction.........................................................................................................................4

Efforts of General Assembly..........................................................................................5

Notable Treaties in the field of Disarmament……………………………………………………..5

International security...........................................................................................................6

The UN maintaining international peace and security…………………………………………….7

Conclusion ............................................................................................................................7

Bibliography .........................................................................................................................8

Abstract

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One of the major principles of national security in every modern democratic state is the
rule of law. This implies the definition of standards relating to vital state and national
values, but also the existence of mechanisms and organisations which take care of security
(the establishment, jurisdiction, tasks, powers, responsibility, and control thereof). This
includes national law (constitution, laws and bylaws), but also international law
(conventions, resolutions, charters, covenants, recommendations, court rulings, decisions
of international courts, commissions, and arbitration bodies, etc.). Generally, in
democracies, national law is based on international law. In this sense, it is possible to speak
about international legal foundations of national security which set the framework for the
proclamation, regulation and protection of state and national values and interests. In this
context, the project gives an overview of some major international measures pertaining to
national security.

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Introduction

Disarmament

Disarmament in the broad sense means the total abolition of armaments of all types –
conventional as well as nuclear. It is different from regulation of armaments which means
reduction and restriction of armaments.

The desire for the total ban on armaments has been expressed time and again since the
beginning of the 20th century, but its intensity began to grow only after the Second World War.
With the use of atom bombs in Hiroshima and Nagasaki, the question of disarmament assumed
new dimensions. The problem of disarmament is not only legal but is also economic, political,
military and technical. Its legal aspect became significant with the efforts of the United Nations
for the formulation of comprehensive international conventions. One of the main purposes
behind the establishment of the UN was the maintenance of peace and security. It advocates
disarmament as one of the ways of achieving its goals. Article 11 of the UN Charter entrusts the
General Assembly to consider the general principles governing disarmament and regulation of
armaments and to make recommendations in this regard to members or the SC or both. Article
26 makes the Security Council responsible for plans to be submitted to the members and
establish a system for the reduction of armaments. Article 47 refers to the functions of the
Military Staff Committee, which is to assist and advise the Security Council‟s military
requirements including the regulation of armaments and possibly disarmament.

Disarmament Efforts made by Institutional Machinery-

In 1946 the Atomic Energy Commission was established by the General Assembly for
submission of proposals to the Security Council regarding the peaceful use of atomic energy and
for the elimination of atomic and other weapons of mass destruction.

In 1947 the Commission for Conventional Armaments was established by the Security Council
to consider measures for the reduction of armaments and armed forces, together with an effective
system of guarantee. In 1952 both the Commissions were dissolved and were replaced by the
Disarmament Commission, established by the General Assembly. It consisted of the members of
the Security Council and Canada. Their purpose was to prepare proposals for the regulation,
limitation and balanced reduction in stages of all armed forces and all armaments. In 1957 and
1958, the Commission was enlarged; the latter included all member states of the UN. However,
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after this, only 2 sessions were held in 1960 and 1965. Efforts were continuously made by the
General Assembly towards general and complete disarmament from time to time. Disarmament
matters were soon given a new impetus within the bilateral talks of states. Changes were seen in
the disarmament machinery.

In 1959, the Ten-Nation Committee on Disarmament was established. In 1962, the Eighteen-
Nation Committee on Disarmament was established. In 1969, they changed the name to
Conference of the Committee on Disarmament (CCD). Membership extended to 26 and then 30.
In 1979, Conference of the Committee on Disarmament became the Committee on Disarmament
and finally in 1983 became the Conference on Disarmament.

Efforts of the General Assembly

The General Assembly convened 3 Special Sessions on Disarmament making continuous efforts
in relation to disarmament. A Final Document consisting of an Introduction, a Declaration, and
Programme for Action and recommendations concerning disarmament negotiations and
machinery for the same was adopted. This was to be achieved by the Disarmament Commission
which constituted all the members of the UN. It was a deliberative body subsidiary to the
General Assembly

Notable Treaties in the field of Disarmament-

Partial Test Ban Treaty, 1963 [PTBT] The Treaty Banning Nuclear Weapon Tests in the
Atmosphere, in Outer Space, and under Water is commonly known as PTBT which was signed
in Moscow in 1963.

The treaties provided that all parties to the treaty were to prohibit, prevent and not to carry out
any nuclear weapon test explosion or any other nuclear explosion at any place under its
jurisdiction or control. This treaty did not prohibit nuclear tests underground.

It was proposed to convert this treaty into a comprehensive test ban treaty and to this effect, an
Amendment Conference was held in 1991. The conference failed to reach a unanimous
conclusion, however, some aspects of comprehensive test ban especially those with regard to
sanctions against non-compliance were acknowledged.

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International security-

Even though the usage and the meaning of the term “international security” today is a relatively
new one, the term covers subjects that have been of importance with regards to the living
conditions of people throughout history. Stability in general and peace in particular have,
throughout history, been the aspirations of many. Unfortunately, this has for long periods of time
not been the case. War has always brought with it immense human suffering and seriously
deteriorated living conditions. Thus, focus on war and peace, or on international security, can be
said to be of great importance. International security is of great value as a quality that should
characterize the world we live in, and as such it plays an important role in connection to the
Encyclopedia of Life Support Systems. Because only the absence of armed conflict creates the
necessary precondition.

The UN maintaining international peace and security-

Preventive Diplomacy and Mediation

The most effective way to diminish human suffering and the massive economic costs of conflicts and
their aftermath is to prevent conflicts in the first place. The United Nations plays an important role
in conflict prevention, using diplomacy, good offices and mediation. Among the tools the
Organization uses to bring peace are special envoys and political missions in the field.

Peacekeeping

Peacekeeping has proven to be one of the most effective tools available to the UN to assist countries
to navigate the difficult path from conflict to peace. Today's multidimensional peacekeeping
operations are called upon not only to maintain peace and security, but also to facilitate political
processes, protect civilians, assist in the disarmament, demobilization and reintegration of former
combatants; support constitutional processes and the organization of elections, protect and
promote human rights and assist in restoring the rule of law and extending legitimate state authority.

Peacebuilding

United Nations peacebuilding activities are aimed at assisting countries emerging from conflict,

reducing the risk of relapsing into conflict and laying the foundation for sustainable peace and
development. The UN peacebuilding architecture comprises the Peacebuilding Commission,
the Peacebuilding Fund and the Peacebuilding Support Office. The Peacebuilding Support
Office assists and supports the Peacebuilding Commission with strategic advice and policy

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guidance, administers the Peacebuilding Fund and serves the Secretary-General in coordinating
United Nations agencies in their peacebuilding efforts

Countering Terrorism

The United Nations is being increasingly called upon to coordinate the global fight against terrorism.
Eighteen universal instruments against international terrorism have been elaborated within the
framework of the United Nations system relating to specific terrorist activities. In September 2006,
UN Member States adopted the United Nations Global Counter-Terrorism Strategy. This was the
first time that Member States agreed to a common strategic and operational framework against
terrorism.

Conclusion
Every society, irrespective of its population, makes a legal framework (law) under which it
functions and develops. It is permissive in nature as it allows individuals to form legal relations
with rights and duties and restrictive in nature as it punishes the wrong-doers. These laws are
referred to as Municipal laws. The world today requires a framework through which interstate
relations can be developed. International Laws fill the gap for this. The modern international
law system is a product of only the past four hundred years bearing witness to the influence of
various writers and jurists of sixteen to the eighteenth century, who formulated some of its most
fundamental principles. 

International laws are a set of rules, agreements and treaties that are binding between countries.
Countries come together to make binding rules that they believe will benefit the citizens. It is
an independent system of law existing outside the legal framework of a particular state.

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Bibliography

Orakhelashvili, A., Collective Security, Oxford University Press, Oxford, 2011, 382 p. De Wet,
E., The Chapter VII Powers of the United Nations Security Council, Hart, Oxford, 2004, 413 p.

Sur, S., International Law, Power, Security and Justice: Essays on International Law and
Relations, Hart, Oxford, 2010, 535 p. White, N. D., Collective Security Law,
Ashgate/Dartmouth, Aldershot, 2003, 589 p.

Ayoob, M. ‘The security problematique of the Third World’, World Politics 43(2) 1991. Ayoob,
M. ‘Subaltern realism: international relations theory meets the Third World’, in Stephanie
Neuman (ed.) International Relations Theory and the Third World. (New York: St. Martin’s
Press, 2005) first edition [ISBN 0312177062] pp.31−54.

California Senate Office of Research, The Patriot Act, Other Post 9/11 Enforcement Powers and
the Impact on California’s Muslim Communities 2004,
www.sen.ca.gov/publications/subject/IMMIG.txt Enriquez, Juan ‘Too many flags?’ Foreign
Policy 116 1999 pp.30−49.

European Monitoring Centre on Racism and Xenophobia: the impact of 7 July bomb attacks on
Muslim communities in the EU. (2005). http://eumc.europa.eu/
eumc/material/pub/London/London-Bomb-attacks-EN.pdf Human Rights Watch In the name of
counter-terrorism: human rights abuses worldwide.

Sørensen, G. ‘War and state-making: why doesn’t it work in the Third World?’ Security Dialogue
32 (3) 2001 pp.341−54.