The Scope and Implications of a Tracing Mechanism for Small Arms ...

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a greater degree of harmonization of the many concrete aspects, so
that the lowest common denominator represents something
consistent.
5.4.2 Feasibility of the Synergies
It is theoretically possible to build synergies between two or even all of
the different mechanisms if considerable work is first done to harmonize
them. In practice, such a task would seem absurd, according to Professor
Pierre Klein of the Centre de droit international at the Université Libre de
Bruxelles. It would imply a daunting political task, consisting of convincing
all States parties to each mechanism to adapt their regime to the regime of
one or more different mechanisms. It also seems that there is no precedent
whatsoever for the inter-regional harmonization of similar mechanisms.
5.4.3 Other Leads
The arguments above obviously do not suggest that the existing
mechanisms are not useful. Pending the establishment of an effective global
system, these mechanisms have allowed the participating States to set forth
their positions and to seek consensus. They also represent a series of
concrete steps forward and exemplary initiatives. In any case, the creation
of a new worldwide mechanism that would entail bringing all States directly
to the negotiating table is a far easier approach than redrafting and adapting
each of the existing mechanisms. Moreover, this approach appears even
more compelling in light of the fact that the traceability of SALW,
ammunition and explosives is an intrinsically multilateral task.
One remaining question is whether the prior existence of legallybinding
mechanisms is not an obstacle to the creation of a new regime. The
answer is negative, as long as there are no contradictory obligations
between the existing mechanisms and the new regime (for example, a ban
on all types of marking in one regime, and the obligation to apply marking
in another). In any case, if the international community finds it necessary
and has the will to undertake it, it is always technically possible to abrogate
a legally-binding mechanism, 55 or some of its articles. 56 It must be
remembered that the aim is to conserve effort, especially by ensuring that
the national register foreseen by one mechanism is truly compatible with
the national register stipulated by another mechanism.