Six Shades of Arms Trade Regulation

Six Shades of Arms Trade Regulation

The Reform of the Italian Arms Export Law and Other National Regulatory Frameworks in Comparison

The reform of the Italian law on the export, import and transit of military equipment, approved by the Italian Senate in February 2024, has sparked heated debate among practitioners and NGOs. Critics point out that the reform proposal would increase government discretion while weakening parliamentary control. Many have argued that the new reform currently before the chambers would jeopardise the state's ability to meet its international obligations, under the Arms Trade Treaty and the EU Council Common Position 2008/944/CFSP, and increase the risk of weapons being used to commit serious violations of international humanitarian and human rights law.
Against this background and based on the discussion of the recent Italian reform, the research seminar will provide an overview of selected national laws and regulations on arms transfers, including those of the United Kingdom, the Netherlands, Germany, Austria and France.
With the assistance of a pool of academics and experts in the field, the research seminar will highlight similarities and differences between the legislations to assess the effectiveness of each legal system in preventing abuses by arms companies and violations of human rights and international humanitarian law.
The seminar will present some representative “cases” of the application of the above legal instruments in practice, with reference to arms transfers in countries currently involved in armed conflicts.

Programme

First session - Introduction
2:00 - 3:15 PM

ArPeSu Project
Sondra Faccio
The international legal framework on arms trade: current challenges 
Thilo Marauhn
The EU legal framework on arms trade: current challenges
Giovanna Maletta (online)
The reform of the Italian framework on arms trade
Marco Pertile and Filomena Medea Tulli

Second session: National Regulatory Frameworks
3:30 - 5:00 PM

Austria, Heinz Gärtner
France, Loïc Simonet
Germany, Vera Strobel
The Netherlands, Joop Voetelink
United Kingdom, Riccardo Labianco
Moderator: Sondra Faccio

Roundtable
5:15 - 6:30 PM

Moderator: León Castellanos-Jankiewicz

Participants: Angelica Bonfanti (University of Milan), León Castellanos-Jankiewicz (T.M.C. Asser Institute), Luigi Crema (University of Milan), Sondra Faccio (University of Trento), Gian Maria Farnelli (University of Bologna), Heinz Gärtner (University of Vienna), Riccardo Labianco (SOAS Centre on Human Rights Law), Giovanna Maletta (Stockholm International Peace Research Institute), Thilo Marauhn (T.M.C. Asser Institute and University of Giessen), Antonio Mariconda (University of Milan), Giuseppe Nesi (University of Trento), Marco Pertile (University of Trento), Alessandra Russo (University of Trento), Loïc Simonet (Austrian Institute for International Affairs), Vera Strobel (University of Giessen), Filomena Medea Tulli (University of Trento), Paolo Turrini (University of Trento), Joop Voetelink (Netherlands Defence Academy)

Scientific committee: Sondra Faccio, Marco Pertile, Filomena Medea Tulli