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of the Charter of the United Nations.71
The Arrangement allows for Participating States to control all items set forth in a list of dual-use goods and technologies and in the munitions list, with the objective of preventing unauthorized transfers or re-transfers of those items. Participating States also agree to exchange general infor-mation on risks associated with transfers of conventional arms and dual-use goods and technologies in order to consider, where necessary, the scope for co-ordinating national control policies to combat the risks involved. At the tenth Plenary meeting of the Wassenaar Arrangement, held in Vienna on 8–9 December 2004, parti-cipating States reaf.rmed their intent and resolve to prevent the acquisition by unauthorized persons of conventional arms and dual-use goods and technologies, in particular by terrorist groups and Organizations. States also exchanged infor-mation on various national measures adopted to implement the provisions of the Arrangement.
The Wassenaar Arrangement is the .rst global multilateral arrangement on export controls concerning conventional weapons and sensitive dual-use goods and technologies. It has not been designated the conventional term “convention” or “agreement” but nonetheless carries the agreement of participating States to collaborate in complementing, without duplication existing regimes on the non-proliferation of weapons of mass destruction and their delivery systems. The Wassenaar Arrangement is not a treaty in the sense of Article 102 of the United Nations Charter,72
nor is it a treaty as de.ned by the Vienna Convention on the Law of Treaties of 1969, Article 2 of which de.nes a treaty inter alia as an international agreement concluded between States in written form and governed by international law. However, it remains an agreement between sovereign States concerning the implementation of municipal law of each participating State. This does not, how-ever, mean that the Wassenaar Arrangement cannot be considered an international agreement or that it is invalid. It merely means that the Arrangement does not come within the purview of the Vienna Convention. It is worthy of note that Article 3 of the Convention explicitly recognizes that international agreements between States do not lose their validity merely because they do not come within the ambit of the Convention.73
As mentioned earlier, the Assembly of ICAO,74
at its 36th Session (Montreal, 18–28 September 2007), adopted Resolution A36-2, wherein the Assembly
71Article 51 of the United Nations Charter provides, inter alia, that nothing in the Charter will impair the inherent right of individual or collective self-defense if an armed attack occurs against a member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security.
72Infrastructure Safety and the Environment Article 102 of the UN Charter stipulates that every treaty and every international agreement entered into by any member of the United Nations after the Charter comes into force shall be registered with the UN Secretariat as soon as possible.
73Shaw (2003, p. 812).
74The ICAO triennial Assembly, where its 190 member States gather to evaluate policy and
make new policy as necessary through its Resolutions, is the supreme governing body of the
Organization.
C. Emerging Threats
expressed its deep concern regarding the global threat posed to civil aviation by terrorist acts, in particular the threat posed by MANPADS, other surface-to-air missiles systems, light weapons and rocket propelled grenades.
The Assembly noted that the United Nations General Assembly, on 8 September 2006, adopted Counter-Terrorism Strategy, which is a unique global instrument that will enhance national, regional and international efforts to counter terrorism. The Strategy emphasizes the need to combat illicit arms trade, in particular small arms and light weapons, including MANPADS. Member States have agreed to a com-mon strategic approach to .ght terrorism, not only by sending a clear message that terrorism is unacceptable but also resolving to take practical steps individually and collectively to prevent and combat it. These steps include a wide range of measures ranging from strengthening State capacity to counter terrorist threats, to better coordinating United Nations System’s counter-terrorism activities.
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