Reflections regarding sanctions stipulated in the international treaties concerning disarmament

AuthorDaniel Stefan Paraschiv
PositionFaculty of Law and Public Administration, Râmnicu Vâlcea, "Spiru Haret" University, Râmnicu Vâlcea, Romania
Pages143-148
AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro
ISSN 1843-570X, E-ISSN 2067-7677
No. 4 (2013), pp. 143-148
143
REFLECTIONS REGARDING SANCTIONS STIPULATED IN THE
INTERNATIONAL TREATIES CONCERNING DISARMAMENT
D. . Paraschiv
Daniel-tefan Paraschiv
Faculty of Law and Public Administration, Râmnicu Vâlcea,
“Spiru Haret” University, Râmnicu Vâlcea, Romania
*Correspondence: Daniel-tefan Paraschiv, Râmnicu Vâlcea, 30 General Magheru St.,
Vâlcea, Romania
E-mail: drept_vl.paraschiv.daniel@spiruharet.ro
Abstract
The main objective of the United Nations Organization, from its founding, is the
exclusion of force from international relations, which also implies limiting the weaponry
arsenal existent, until removing entire categories of it, as arms control and disarmament,
even though they do not eliminate „per se” of political, economic or ideological reasons of
using force, it significantly contributes to the diminishing of war risks.
When it is considered that the obligations resulting from disarmament treatment were
infringed, one may appeal to the application of sanctions stipulated in the international law,
the status of the author of infringement, as a reaction to the violation of the treaty.
Key words: disarmament, international sanctions, countermeasures, violation of
treaties, state liability
Introduction
In cases when infringements of the disposition in the disarmament treaties are
ascertained, the application of sanctions or other measures stipulated in the treaties breached
is imposed, or in conformity with the general rules of international law, such as suspension of
treaty, withdrawal from the treaty, countermeasures etc. Thus, states may adopt, individually
or collectively, sanctioning measures against those who breach treaties in the disarmament
domain, even in cases in which the respective agreements do not excessively stipulate this
fact
1
. International Sanctions in Treaties Concerning Disarmament
The concept of „disarmament: is used in a narrowed sense, that of numerical reduction
or total elimination of a weapon system
2
, as well as in a large sense. In this latter one, by
“disarmament”, we understand all the measured targeted at: stopping, limiting, reducing or
disbanding certain types of weapons; prohibiting certain military activities; regulating
limitation in the placing of armed forces; prohibiting the transfer or certain articles of a
military importance; reducing risks of accidentally starting war and limiting or reducing the
use of certain types of weapons or methods of waging war. In other words, in a broad sense,
the notion of “disarmament” also includes “weapon control”
3
.
1
Sur S., Obligations en matière de désarmement et de limitation des armements: problèmes de respect et
mesures d’imposition, L’Institut des Nations Unies pour la recherche sur le désarmement, Nations Unies, New
York et Genève, 1995, p. 124.
2
“Disarmament” also has the notion of limiting armaments, imposed by a state, o group of states or an
international o rganization at t he end of war. Examples in this sense are the restrictions imposed on Germany,
after the Second World War or on Irak, after the first war in the Golf (19 91).
3
Popescu D., Dezarmarea – concepte i implicaii juridice, in “Studii i c ercetri juridice”, no. 3, 1987, p. 35.

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