U.N. FAILS to Reach ‘Deal’ on Global Arms Trade Treaty… US Asks for More Time to Drum Up a Better ‘Deal’

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UNITED NATIONS –  U.N. member states have failed to reach agreement
on a new treaty to regulate the multi-billion dollar global arms trade. Some diplomats and treaty supporters blamed the United States for
triggering the unraveling of the month-long negotiating conference.

Hopes had been raised that agreement could be reached on a revised
treaty text that closed some key loopholes by Friday’s deadline for
action. But the United States announced Friday morning that it needed
more time to consider the proposed treaty — and Russia and China then
also asked for more time.

A bipartisan group of 51 U.S. senators on Thursday had threatened to
oppose the global treaty regulating international weapons trade if it
falls short in protecting the constitutional right to bear arms.

In a letter to President Obama and Secretary of State Hillary
Clinton, the senators expressed serious concerns with the draft treaty
that has circulated at the United Nations, saying that it signals an
expansion of gun control that would be unacceptable.

The Constitution’s Second Amendment offers broad protection for
weapons ownership by civilians. As recently as 2008, the Supreme Court
affirmed it when it struck down a ban on handguns in the District of
Columbia, ruling that individuals have a constitutional right to keep
guns for self-defense and other purposes.

The court also has ruled separately that treaty obligations may not
infringe on individual constitutional protections and rights within U.S.
borders. This goes back at least to a 1920 ruling that a migratory bird
treaty with Canada, which prohibited the hunting or capturing of
certain birds, was an unconstitutional interference with states’ rights
under the 10th Amendment.

Treaties are government-to-government agreements and do not subject
citizens of one nation to laws of another or to those of an outside
body.

Also, the U.N. resolution that authorized drafting of the small arms
treaty recognizes the clear-cut right of nations “to regulate internal
transfers of arms” and says nothing in the treaty that emerges will
affect “constitutional protections on private ownership” of firearms.

Beyond that, there are many court rulings spelling out the limits of
treaties. And if an act of Congress is inconsistent with a treaty
obligation, the law passed by Congress prevails. Legal scholars say this
has been well established.

The U.N. General Assembly voted in December 2006 to work toward a
treaty regulating the growing arms trade, with the U.S. casting a “no”
vote.

In October 2009, the Obama administration reversed the Bush
administration’s position and supported an assembly resolution to hold
four preparatory meetings and a four-week U.N. conference in 2012 to
draft an arms trade treaty.

The United States insisted that a treaty had to be approved by the consensus of all 193 U.N. member states.

Ambassador Roberto Garcia Moritan, the conference chairman, said
treaty supporters knew “this was going to be difficult to achieve” and
there were some delegations that didn’t like the draft though “the
overwhelming majority in the room did.” He added that some countries
from the beginning of negotiations had “different views” on a treaty,
including Syria, Iran and North Korea.

Despite the failure to reach agreement, Moritan predicted that “we certainly are going to have a treaty in 2012.”

He said there are several options for moving forward in the General
Assembly which will be considered over the summer, before the world
body’s new session begins in September.

Britain has taken the lead in pushing for a treaty to reduce the impact of the illicit arms trade.

Ahead of Friday’s meeting, Britain’s Deputy Prime Minister Nick Clegg
discussed treaty prospects with U.N. Secretary-General Ban Ki-moon in
London and told reporters and both urged the treaty’s adoption.

“Global rules govern the sale of everything from bananas to
endangered species to weapons of mass destruction, but not guns or
grenades,” Clegg said.

“This anomaly causes untold suffering in
conflicts around the world. 1,000 people are killed daily by small arms
wielded by terrorists, insurgents and criminal gangs.”

The secretary-general said he was disappointed at the failure to
agree on a treaty, calling it “a setback.” But he said he was encouraged
that states have agreed to continue pursuing a treaty and pledged his
“robust” support.

At the end of the negotiating session, Mexico read a joint statement
from more than 90 countries saying they “are determined to secure an
Arms Trade Treaty as soon as possible.”

 

Henry Shivley – July 27, 2012 – FromTheTrenchesWorldReport

 

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