File 1355/1917 Pt 6 'Arms Traffic Convention: revised convention, 1925' [‎473v] (953/1226)

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objects as the Convention of Saint-Germain. It seeks to regulate the arms traffic
throughout the world and seeks to introduce a special regime in regard to pprtaiJ
zones of the world. lldin
It would be more correct to say the draft before you divides itself into four
parts, hirst, it deals with the fundamental question' of what constitutes arms
munitions and implements of war, which are to be regulated by the convention. The I
(halt convention has most deliberately abstained from any attempt to define arms or
war material. That point was considered, but a definition was found to be utterly
impracticable. It was decided to adopt an enumeration. You will see that arms ar«
divided into three categories : ( 1 ) Arms and material which are intended solely for
war purposes; (^) all arms which may be used for war purposes, but are, in practice
utilised for other purposes; and (3) the arms and munitions which are solely designed
for peace purposes, and which are not of any great importance from any other noim
of view. ^
I he chief section of this convention is undoubtedly Chapter II, which regulates
the general regime of the traffic in arms for the objects referred to in Category I.
dhe Temporary Mixed Commission m its original draft had laid down certain
principles which are at the basis of the system of regulation. That is to say, the
export of the objects referred to in the first category should be only permitted to the
duly accredited agents of Governments acting on their Governments’ behalf. That
you will see, at once raises the delicate point of what constitutes a Government. A
second condition was that all export for these objects was to be subject to licences
granted to be issued by the exporting State and a system of publicity for all licences
issued under this regime. It may be said that this system of publicity was to take
the place of sanctions. The Temporary Mixed Commission had, indeed, considered
other forms of sanctions. There were some members who had proposed instituting
an international control for the issue of those licences, but this was not thought to be
advisable. Others proposed that the export or import by States adhering should be
prohibited by the States signatories to the convention to States which did not adhere.
That, again, was rejected as impracticable.
Now, in the third part of the convention, you have the regime which it is
proposed to institute in regard to special zones of the world. The principle to be
observed wdll be total prohibition of all import and export of the articles referred to
in all three categories as regards those particular zones.
Chapter III, article 9, of this convention leaves a very important question to the
decision of this conference. It is one which the Temporary Mixed Commission had
considered and endeavoured to settle, but which it had to abandon as raising too
many political issues, with regard to the delimitation of these prohibited zones. You
will observe from the brown book (C.C.I A./L.C. 758.M.258.1924.IX.(C.C.0.2))
that the definition of the prohibited zones is left blank. The Temporary Mixed
Commission referred the question to the council, who has now referred it to the
decision of this conference. In Chapter TV you will see that articles 10-13 organise
the supervision of this traffic on land in the prohibited zones, and Chapter V deals
with the supervision of this traffic by sea. Most of these articles are in almost exact
conformity with the corresponding articles of the Convention of Saint-Germain—in
fact, that convention has been less modified in regard to these points than as regards
others. It is true certain amendments were designed to remedy defects and
insufficiency of the Saint-Germain articles. In Chapter IV there are also seme general
provisions. Some of these are insignificant, but one or two of them are of first-class
importance. There is, for instance, article 25, which is to determine what is to be
the fate of this convention in the event of war breaking out between two States. It is
an important question whether in such a case the convention should continue to be
applied or whether it should be altogether abandoned, or in what measure it could
still be applied. In article 26 you have the important question of partial or
conditional acceptance of this convention by certain countries. Are all countries to
adhere fully and unconditionally, or will the conference permit a partial adherence
or adherence subject to reservations? Special mention must be made of article d ,
which deals with the solution of disputes which may arise between States in regar
to the application and interpretation of this convention. Then you have article d >
which discussed the conditions under which this convention should come into l° r . c ®’
that is to say, how many countries, or which countries, must adhere to the conven io
before it can come into force ? These, Gentlemen, are a few of the important pom
to which it is thought desirable to draw your attention.