On 2 April 2013, an Arms Trade Treaty (ATT) was approved at the United Nations General Assembly (UNGA) with 155 votes for, 22 abstentions, and three votes against – “the first-ever global Treaty regulating the conventional arms trade”.[1] The Treaty, which opened for signature on 3 June 2013, will come into force 90 days after the 50th country’s ratification. Currently, 118 countries have signed the Treaty, with 13 ratifications. We should note, however, that those countries that ratified are not major global powers – Nigeria, Mexico, and Norway are among the most influential.

The international community is expecting more countries to sign and ratify the Treaty as a means of promoting global control over the conventional arms trade.

Since the ATT negotiations started, China has been supportive of the negotiation process, expecting all parties to reach – by consensus – an effective Treaty agreement regulating the conventional arms trade. Given the special nature of the arms trade, China favoured a Treaty reached by consensus, due to the understanding that only treaties accepted by all members of the international community can guarantee common approval and effective implementation. Unfortunately, at the final negotiating conference that took place between 18 and 28 March 2013, countries failed to reach a consensus. As such, some countries urged that the ATT draft be submitted to the UNGA for vote and thereby be approved by majority rule rather than consensus.

Chinese officials believe such a practice not only violates the principle of consensus but also risks setting a bad example for future multilateral arms control negotia­tions by seriously breaching procedural justice. This is the reason why China finally abstained from voting in favour of the Treaty. As Ambassador Wang Min, China’s Deputy Permanent Representative to the UN, pointed out in his explanatory state­ment following the vote on the ATT draft resolution by the UN General Assembly, China supports the draft Treaty but disagrees with the voting method. He emphasised that this practice should not set a precedent for future arms control Treaty negotiations.[2] In other words, China’s position towards the Treaty is: substantive justice cannot be delivered at the expense of procedural justice.

It should be noted that China’s emphasis on procedural justice is situated within broader security policy concerns.

It should be noted that China’s emphasis on procedural justice is situated within broader security policy concerns. One of the most important considerations relates to arms sales by the United States to Taiwan, which is a longstanding and unresolved point of contention in China–US relations. If majority voting becomes the norm in international relations, then China may effectively lose its veto power on issues of great concern to the security of the country, such as arms sales to Taiwan.

It is important to emphasise that China supports the substance of the ATT; this is the fundamental reason why China, despite ongoing US arms sales to Taiwan, consistently and actively supported the negotiation process. China clearly realises that despite the country’s impressive material and economic growth, it still has a long way to go before it becomes a global moral, institutional, and strategic leader. It is important for China to look beyond its immediate economic interests and consider the effect of supporting the Treaty on its reputation, voice, and power in international affairs. China understands the importance for its global standing of signing and ratifying the ATT.

China understands the importance for its global standing of signing and ratifying the ATT.

It is likely that China will sign the ATT in the near future. As the Chinese Ambassador for Disarmament Affairs, H. E. Mr. Wu Haitao stated at the General Debate of the First Committee of the 68th Session of the UNGA on 8 October 2013, “China attaches great importance to the humani­tarian concerns caused by illicit trade in conventional arms. China strictly abides by the domestic arms export laws and regulations and relevant UNSC resolutions, and does not transfer weapons to conflict regions or non-state actors. China took part in the negotiation process of the Arms Trade Treaty in an active and constructive manner. China will remain engaged with all parties on the follow-up work of this Treaty and make joint efforts to build a regulated and reasonable international arms trade order.”[3]

In conclusion, China remains committed to the substance of the ATT. Yet concerns remain vis-a-vis the procedure by which the Treaty was approved, with some within China fearing that the principle of vote by majority could become a precedent for future international treaties.

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