Based on Swiss Sustainable Finance s Focus: Controversial weapons exclusions 1

Similar documents
National Implementation and Interpretation of the Convention on Cluster Munitions

The Geneva Declaration on Armed Violence and Development

ARTICLE 7 REPORTING: A PROGRESS REPORT

Draft Beirut Progress Report Monitoring progress in implementing the Vientiane Action Plan from the First up to the Second Meeting of States Parties

United action towards the total elimination of nuclear weapons

The Convention on Cluster Munitions Lusaka Progress Report

A/AC.286/WP.38. General Assembly. United Nations. Imperatives for arms control and disarmament

The Geneva Declaration on Armed Violence and Development Armed violence destroys lives and livelihoods, breeds insecurity, fear and terror, and has a

UNHCR, United Nations High Commissioner for Refugees

Information note by the Secretariat [V O T E D] Additional co-sponsors of draft resolutions/decisions

GLOBAL RISKS OF CONCERN TO BUSINESS WEF EXECUTIVE OPINION SURVEY RESULTS SEPTEMBER 2017

CHAPTER 5 THE CONVENTION ON CERTAIN CONVENTIONAL WEAPONS

Antipersonnel Mine Stockpile Destruction (Article 4)

REPORT OF THE THIRD REVIEW CONFERENCE

STATUS OF THE CONVENTION ON THE PROHIBITION OF THE DEVELOPMENT, PRODUCTION, STOCKPILING AND USE OF CHEMICAL WEAPONS AND ON THEIR DESTRUCTION

LIST OF CHINESE EMBASSIES OVERSEAS Extracted from Ministry of Foreign Affairs of the People s Republic of China *

Table of Contents. 1. Introduction Anti personnel mines and cluster munitions the facts Legal framework Reputation risks 5

Contracting Parties to the Ramsar Convention

Final Declaration and Measures to Promote the Entry into Force of the Comprehensive Nuclear-Test-Ban Treaty*

CCW/MSP/2012/9. Final report. I. Introduction. 30 November Original: English Session Geneva, November 2012

AUSTRALIA S REFUGEE RESPONSE NOT THE MOST GENEROUS BUT IN TOP 25

Proposed Indicative Scale of Contributions for 2016 and 2017

Global Variations in Growth Ambitions

EUP2P. The Dual use Regulation: general frame, control regimes and weaknesses

World Refugee Survey, 2001

TABLE 1 FINANCE AGREEMENTS INCLUDED IN THE SAMPLE Signature Date

The National Police Immigration Service (NPIS) forcibly returned 412 persons in December 2017, and 166 of these were convicted offenders.

MODEL DRAFT RESOLUTION

Copyright Act - Subsidiary Legislation CHAPTER 311 COPYRIGHT ACT. SUBSIDIARY LEGlSLA non. List o/subsidiary Legislation

PROTOCOL RELATING TO AN AMENDMENT TO THE CONVENTION ON INTERNATIONAL CIVIL AVIATION ARTICLE 45, SIGNED AT MONTREAL ON 14 JUNE parties.

Implementing legislation: Some elements

-1- Translated from Spanish. [Original: Spanish] Costa Rica

Background Information on Cluster Munitions and Investments

New York, 20 December 2006

LIST OF CONTRACTING STATES AND OTHER SIGNATORIES OF THE CONVENTION (as of January 11, 2018)

NPT/CONF.2020/PC.I/CRP.2

THE LEGAL CONTENT AND IMPACT OF THE TREATY ON THE PROHIBITION OF NUCLEAR WEAPONS. Bonnie Docherty * Oslo, Norway December 11, 2017 **

The Multidimensional Financial Inclusion MIFI 1

Beyond Kyoto Copenhagen Durban 2011

Figure 2: Range of scores, Global Gender Gap Index and subindexes, 2016

Collective Intelligence Daudi Were, Project

Comparing the Wealth of Nations. Emily Lin

EU Ornamental Fish Import & Export Statistics 2016 (Third Countries & Intra-EU Community trade)

SCALE OF ASSESSMENT OF MEMBERS' CONTRIBUTIONS FOR 1994

2015 (received) 2016 (received) 2017 (received) Local Local Local Local currency. currency. currency (millions) (millions)

Contributions to UNHCR For Budget Year 2014 As at 31 December 2014

Recognizing that a total ban of anti-personnel mines would also be an important confidence-building measure,

UNITED NATIONS. Distr. GENERAL. FCCC/KP/CMP/2009/7 15 June Original: ENGLISH. Note by the secretariat

EU Ornamental Fish Import & Export Statistics 2017 (Third Countries & Intra-EU Community trade)

REPORT OF THE FOURTH SPECIAL SESSION OF THE CONFERENCE OF THE STATES PARTIES

Country pairings for the second cycle of the Mechanism for the Review of Implementation of the United Nations Convention against Corruption

1994 No DESIGNS

Stockpiling and Destruction of Cluster Munitions: A Global Overview

1994 No PATENTS

Re: A Call for Human Rights Concerns to be reflected in the Fortaleza Declaration of Sixth BRICS Summit

United Nations conference to negotiate a legally binding instrument to prohibit nuclear weapons, leading towards their total elimination

CCW/P.V/CONF/2018/5. Draft final document. I. Introduction. 29 November Original: English

Diplomatic Conference to Conclude a Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities

Draft Report of the 2018 Meeting of Experts on review of developments in the field of science and technology related to the Convention

2016 (received) Local Local Local Local currency. currency (millions) currency. (millions)

Final report of the Preparatory Committee for the 2015 Review Conference of the Parties to the Treaty on the

International students travel in Europe

Explosive Road From Dublin: The Legal Flaws in the Convention to Ban Cluster Munitions and Recommendations for Their Cure.

TWELVE FACTS AND FALLACIES ABOUT THE CONVENTION ON CLUSTER MUNITIONS

United Nations General Assembly 60 th Session First Committee. New York, 3 October 3 November 2005

2017 Annual Report on the implementation of the Mine Action Strategy of the Swiss Confederation

CONVENTION ON THE PROHIBITION OF THE USE, STOCKPILING, PRODUCTION AND TRANSFER OF ANTI-PERSONNEL MINES AND ON THEIR DESTRUCTION

Convention on Certain Conventional Weapons (CCW)

The Madrid System. Overview and Trends. Mexico March 23-24, David Muls Senior Director Madrid Registry

INTERNATIONAL AIR SERVICES TRANSIT AGREEMENT SIGNED AT CHICAGO ON 7 DECEMBER 1944

Regional Scores. African countries Press Freedom Ratings 2001

Excuse me for my culture? Cultural Insights that Improve Safety. Dr. Nicklas Dahlstrom Human Factors Manager

NAME OF HIGH CONTRACTING PARTY New Zealand DATE OF SUBMISSION 7 September 2007 NATIONAL POINT OF CONTACT

The National Police Immigration Service (NPIS) returned 444 persons in August 2018, and 154 of these were convicted offenders.

List of countries whose citizens are exempted from the visa requirement

2018 Social Progress Index

UNDER EMBARGO UNTIL 9 APRIL 2018, 15:00 HOURS PARIS TIME

8. b) Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women. New York, 6 October 1999

STATEMENT H.E. U MAUNG W AI AMBASSADORIPERMAMENT REPRESENTATIVE (NEW YORK, 9 OCTOBER 2012)

UNITED NATIONS FINANCIAL PRESENTATION. UN Cash Position. 18 May 2007 (brought forward) Alicia Barcena Under Secretary-General for Management

Delays in the registration process may mean that the real figure is higher.

31/ Protecting human rights defenders, whether individuals, groups or organs of society, addressing economic, social and cultural rights

Geneva, 3 May Succession(d),

Analysis of States Views on an Arms Trade Treaty

EU GUIDELINES on INTERNATIONAL HUMANITARIAN LAW

PISA 2015 in Hong Kong Result Release Figures and Appendices Accompanying Press Release

ADVOCACY GUIDE Second preparatory committee of the nuclear non-proliferation treaty 22 april - 3 may

A Call to Action to End Forced Labour, Modern Slavery and Human Trafficking

VISA POLICY OF THE REPUBLIC OF KAZAKHSTAN

WORLDWIDE DISTRIBUTION OF PRIVATE FINANCIAL ASSETS

Return of convicted offenders

Convention on the Physical Protection of Nuclear Material

CLUSTER BOMBS An immediate and ongoing threat to civilians Cluster bombs violate the rules of international humanitarian law

1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and On their Destruction

Migration and Integration

A Partial Solution. To the Fundamental Problem of Causal Inference

25/ The promotion and protection of human rights in the context of peaceful protests

DISEC: The Question of Cluster Munitions Cambridge Model United Nations 2018

Translation from Norwegian

SLOW PACE OF RESETTLEMENT LEAVES WORLD S REFUGEES WITHOUT ANSWERS

Transcription:

APPENDIX: CONTROVERS IAL WEAPONS BACKGROU ND Based on Swiss Sustainable Finance s Focus: Controversial weapons exclusions 1 A. Definition of controversial weapons It is generally accepted that democratic states have the right to use armed force to safeguard national security and secure peace. There are, however, a number of weapons that cause disproportionate harm and remain a threat long after a conflict has been resolved. Although there is no official definition of what constitutes a controversial weapon, and different countries, regions, and institutions hold varying views, it typically possesses one or more of the following characteristics: Indiscrimination: the weapon is indiscriminate in nature, i.e., it does not distinguish between military and civilian targets; Proportionality: the weapon is considered to be excessively harmful, i.e., it causes an inordinate amount of pain and suffering relative to the anticipated military advantage; and/or Illegality: the production and use of the weapon is prohibited by international legal instruments. The controversial weapons most frequently identified by responsible investors are those that have been subject to widespread bans or restrictions by international agreements, i.e., cluster munitions, anti-personnel mines, biological and chemical weapons, as well as nuclear weapons which are produced for countries that have not signed the Treaty on Non-Proliferation of Nuclear Weapons. B. Types of Controversial Weapons Anti-personnel mines (APMs) their use, stockpiling, production, acquisition, transfer, and assistance for or encouragement of any such activity are prohibited by the Anti-Personnel Mine Ban Convention ( Ottawa Convention ). These are explosive devices that are placed under, on, or near the ground or any other surface and which are conceived or modified so as to explode as a result of the presence, approach, or contact of a person. They are considered controversial owing to their indiscriminate nature, as they are triggered by their victims, whether combatants or civilians, and because the danger of undetonated APMs remains many years following the end of a conflict. The resulting social and monetary costs are significant. APMs not only cause death and injury, but also prevent civilians accessing food, water, and medical care both during and after a conflict. Cluster munitions are addressed in the Convention on Cluster Munitions ( Oslo Convention ), which prohibits state parties from using, stockpiling, producing, acquiring, or transferring cluster munitions, or assisting in any of these activities. These are weapons containing multiple explosive sub-munitions. They are considered controversial owing to the indiscriminate nature of the weapon system, i.e. the sub-munitions are not specifically targeted but, instead, when released, they impact a wide area without differentiating between military and civilian targets. As sub- 1 Swiss Sustainable Finance, Focus: Controversial weapons exclusions, 2017

munitions often fail to function as intended, huge quantities can land undetonated on the ground, remaining a fatal threat and obstructing economic and social development long after a conflict ends. The 2006 bombing of areas in southern Lebanon lent particular impetus to the campaign to ban cluster munitions. Biological and chemical weapons are banned by several international conventions: the Geneva Protocol of 1925, the Biological Weapons Convention, and the Chemical Weapons Convention. Combined, these instruments ban the development, stockpiling, acquisition, retention, production, transfer, and use of such weapons. Both chemical and biological weapons are relatively simple and cheap to produce, but their effects are enormous. Even the smallest quantities have the potential to kill thousands of people. Concern about the use of chemical weapons has increased in recent years owing to their reported use in Syria. Biological weapons are biological agents or toxins, of types and in quantities that are not justified for prophylactic, protective, or other peaceful purposes, and/or weapons, equipment or means of delivery designed to use such agents or toxins for hostile purposes or in armed conflict. The weaponization and use of biological agents and their use in warfare are controversial owing to the potentially widespread and indiscriminate impact they have on a population. Chemical weapons are toxic chemicals and their precursors that can cause death, temporary incapacitation, or permanent harm through their chemical action, where they are produced and stockpiled in amounts that exceed requirements for non-prohibited purposes (e.g. peaceful or law enforcement purposes), as well as munitions or other devices specifically designed to deliver chemical weapons. They have been universally recognized as controversial owing to their indiscriminate nature and unpredictability, coupled with their sometimes gruesome, and excessively injurious effects. Nuclear weapons are considered controversial owing to their enormous destructive capabilities. They are indiscriminate, considered a weapon of mass destruction and excessively harmful owing to the potential for radioactive fallout and the long-term health impacts on populations. The Treaty on Non-Proliferation of Nuclear Weapons that came into force in 1970 aimed to prevent the spread of nuclear weapons and weapons technology, and to further the goal of achieving nuclear disarmament. The Treaty on the Prohibition of Nuclear Weapons, negotiated in 2017 but not yet in force, grew out of a renewed recognition of the catastrophic humanitarian consequences of nuclear weapons use, the rising risk of accidental or intentional nuclear use, and a growing sense of frustration that key nuclear disarmament commitments were not being fulfilled. It will prohibit state parties from using and/or threatening to use, develop, produce, manufacture, acquire, possess, stockpile, transfer, station or install nuclear weapons. The treaty also forbids every form of assistance in the production or maintenance of nuclear weapons. While not expressly mentioned, many countries appear to consider the financing of nuclear weapons a form of prohibited assistance. 2

C. Legal framework A number of international conventions prohibit the development, production, acquisition, stockpiling, transfer and use in armed conflict of weapons and methods of warfare causing unnecessary injury or suffering. However, none of them explicitly addresses the financing of the development, manufacture, or acquisition of such weapons. While a growing number of countries 2, particularly in the context of the Convention on Cluster Munitions, have made statements to the effect that they interpret the ban on assistance to include the implicit prohibition of (certain types of) investments, a few states parties 3 have expressed the contrary view, that the Convention does not prohibit the financing of cluster munition production. Building on the international conventions, some countries 4 have put in place specific laws, albeit of differing scope: They predominantly focus on cluster munitions and anti-personnel mines, with only very few extending to other controversial weapons; Some prohibit the financing of companies involved in controversial weapons, while others ban the financing of the production of prohibited war materials only; The types of prohibited investments differ (e.g. all forms of financial support; acquisition for the institution s own account of financial instruments issued by a controversial weapons producer; investments of public money only); Some explicitly allow investment in index funds, as well as the financing of clearly defined projects carried out by an enterprise, provide such funding is not used for prohibited activities. It should be noted that laws may also apply extra-territorially. For example, the relevant law in New Zealand applies explicitly to all acts undertaken or omitted outside New Zealand by a New Zealand citizen, a person who is ordinarily resident in New Zealand, or an entity incorporated in New Zealand. 2 Australia, Bosnia and Herzegovina, Cameroon, Canada, Colombia, Costa Rica, Croatia, Czech Republic, Democratic Republic of the Congo, Republic of the Congo, France, Ghana, Guatemala, the Holy See, Hungary, Lao PDR, Lebanon, Madagascar, Malawi, Malta, Mexico, Niger, Norway, Rwanda, Senegal, Slovenia, United Kingdom, Zambia. 3 This includes e.g. Germany, Sweden and Japan. 4 Including Belgium, Canada (draft), Ireland, Italy (draft), Liechtenstein, Luxembourg, Netherlands, New Zealand, Samoa, Spain and Switzerland 3

The table below provides a chronological overview of how international and national legislation on controversial weapons has developed over the years, in particular where financing is concerned (international treaties are highlighted in blue). Source: Swiss Sustainable Finance (2017) 4

D. Weight of controversial weapons in selected equity and fixed income indices Sample indices Equity Fixed Income Developed markets Emerging markets Estimated Weight of Companies involved in Controversial Weapons 5 Index A x x 0.12% Index B x x 0.22% Index C x x x 0.17% Index E x x 0% Index D x x 0% Index F x x x 0% Source: Pictet Asset Management research, 2018 5 Based on a representative list of companies involved in anti-personnel landmines, cluster ammunitions, chemical & biological weapons, nuclear weapons for non-npt signatory countries. Includes majority-owned subsidiaries and parent companies. 5