International legal regulation of defence procurement: a systematic analysis of global and regional mechanisms

The article provides a comprehensive analysis of the international legal regulation system for defence procurement through the examination of global and regional mechanisms controlling arms trade. It has been established that the Arms Trade Treaty became the first legally binding agreement under the auspices of the UN that harmonised the rules for export and import of conventional weapons while preserving the sovereign right of states to regulate domestic arms circulation. The Treaty aims to prevent the illicit transfer of weapons, counter the risks of arms diversion to inappropriate recipients, and ensure assessment of potential export consequences regarding human rights violations and war crimes. The role of the World Trade Organisation’s Agreement on Government Procurement (GPA) in creating conditions for mutual opening of procurement markets among participating countries has been examined. It has been determined that the GPA covers defence procurement only partially, as states employ broad exceptions to exclude procurement of weapons, military equipment, and dual-use components from the agreement’s scope, justifying this by the necessity to protect sovereignty and the defence industry. The mechanisms of joint procurement within NATO have been analysed, which enables member countries to coordinate requirements for defence resources and conclude joint contracts. It has been identified that NATO framework arrangements ensure cost reduction, implementation of unified logistics, and enhancement of military capacity, yet face obstacles in the form of divergent parliamentary approval procedures and the absence of complete unification of technical standards. The EU Directive 2009/81/EC has been examined in detail, which plays a central role in unifying defence procurement processes in the European Union. The Directive ensures the formation of a unified regulatory approach, stimulates market integration, and develops a competitive environment within the European Defence Technological and Industrial Base. It has been established that the implementation of the Directive has led to increased transparency and improved market access for European manufacturers, although divergences persist in national approaches to applying the provisions. It has been demonstrated that the contemporary system of international legal regulation of defence procurement is characterised by multi-level structure and fragmentation, combining global standards for arms trade control with regional mechanisms for defence market integration and the preservation of broad national autonomy in security matters.