International Arms Control Regimes: Analysis and Best Practices Guide
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Arms control, disarmament, international security, global governance, non-proliferation
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Abstract
Unlock the secrets to maintaining exceptional regimes of arms control and disarmament. Discover authoritative insights and expert analysis on the most effective strategies for promoting global security and stability. Learn how to navigate complex international regulations and agreements, and gain a deeper understanding of the critical role that arms control plays in shaping our world. Dive into this comprehensive resource to explore innovative approaches, best practices, and forward-thinking solutions that foster a more secure and peaceful future.
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[...] Exceptional regimes Regime Origin / Legal basis Conditions of triggering Competent Authority Consequences / Powers Control / End Examples of Application 1. State of Siege - Law of [...]
[...] State of emergency - Law of 3 April 1955 (Algerian War - Revisions : 2015, 2016 - Tentative constitutionnalisation failed (1993) - CC 25 janv : conciliation public order/freedoms - Imminent danger resulting from serious attacks on public order or public calamity - All or part of the territory - President by decree in Council of Ministers (12 days max) - Prorogation by the Parliament (generally 3 months) - Prefect : restrictions on circulation, searches, regulated zones Minister of the Interior : house arrest, closure of internet sites - PR : dissolution of associations, requisitions - Closure public places/worship, ban on meetings, surrender - Administrative Judgecontrol all measures (C.E. Rolin 2006) - Parliamentary Control Assignment to Residence : référé-liberté (presumed urgency) - Searches : proportionality check (C.C. 2016) - 1955(Algeria) - 1985(New- New Caledonia) - 2005 (urban riots) - 2015- 2017(terrorism) - 2024(New- New Caledonia) ? Law 2017-1510 of 30 Oct. 2017 End of the state of emergency 2015-2017 but integrates certain measures into common law (ex. house arrest) ? "Banalisation" of exceptional measures in ordinary law of arms 3. [...]
[...] 16 - Constitutional Law of 23 July 2008 (enhanced control) - Serious and immediate threat to the institutions, the nation, the territory or the international engagements - Disruption of regular functioning of public authorities - President of the Republic after consulting the PM, of the presidents of the assemblies, and of the Constitutional Council - Information of the Nation - The President exercises full powersto restore normal functioning - Measures 'required by circumstances' - Act of Government( CE Rubin de Servens, 1962) - Council constitutionalgives a public opinion on the maintenance - The Parliament remains in session - The President cannot dissolve the AN nor revise the - 23 April - 29 Sept. 1961(Coup d'etat by generals at Alger) respect 5. Theory of exceptional circumstances - C.E. [...]
[...] Heyriès, 1918(continuity of the SP) - Confirmed by C.E. Dames Dol and Laurent, 1919 - Circonstances grave and unforeseen (war, crisis, epidemic) - Necessity to ensure an essential general interest - No special authority : theory Jurisprudential allowing for the relaxation of the rules of legality - The administration may derogate : ? to the rules of competence(ex : prefect Rodes 1983) ? to the rules of form(Heyriès 1918) ? to the rules of substance (Dames Dol 1919) - The measures must remain necessary and proportionate - Control of the administrative judge a posteriori - Recognition of legality of acts which would be illegal in normal times - Heyriès 1918(war) - Dames Dol and Laurent 1919(1GM - Saint-Étienne 1969 (Mai 68) - Rodes 1983(volcanic eruption) - Covid-19 2020(Synd. [...]
