A Commentary On The Chemical Weapons Convention

The Chemical Weapons Convention is one of the cornerstone disarmament and arms control agreements, and the only global and comprehensive disarmament treaty that is being verified by an international agency. This Commentary assesses the provisions of the Convention and its implementation, with cross-cutting chapters providing a broader analysis.

... As Director-General of the OPCW, I believe that a broad based informed discussion on these issues is desirable and will contribute to the success of the Convention. It is for this reason that I encouraged the preparation of "Verification Practice under the Chemical Weapons Convention: A Commentary I have strongly supported the efforts of the authors, Dr R Trapp and Dr W Krutzsch, both of whom have been intimately involved in the negotiations on and the implementation of the Chemical Weapons Convention. The result of their efforts is this book. This is not a book for easy reading over a weekend. The issues addressed are, more often than not, hardly exciting. But this is a much needed publication which, I hope, will be the first in the series of in-depth studies of the CWC verification regime and the practical work of the OPCW in this critically important area. As the authors state in their introduction, the substance of this volume is their sole responsibility. Some of their comments, conclusions or suggestions, may find not only supporters but opponents as well, which of course is only natural. On the whole, however, I believe that, whatever their views on the issues raised, all readers will share my view that this is a very useful and timely study. From the Foreword by Josi M Bustani, Director-General, OPCW This Commentary on the verification provisions of the Chemical Weapons Convention builds on a previous publication by the same authors - "A Commentary on the Chemical Weapons Convention (Kluwer 1994). It focuses on the verification regime established under the Convention and analyses the results of the preparatory phase as well as the practical experience gathered bythe OPCW since the entry into force of the Chemical Weapons Convention in 1997. The book

This Commentary on the verification provisions of the Chemical Weapons Convention builds on a previous publication by the same authors - A Commentary on the Chemical Weapons Convention (Kluwer 1994). It focuses on the verification regime established under the Convention and analyses the results of the preparatory phase as well as the practical experience gathered by the OPCW since the entry into force of the Chemical Weapons Convention in 1997. The book follows the methodological approach taken in the earlier publication - a paragraph by paragraph discussion of the text. It discusses those provisions which are relevant for the areas of verification where the OPCW has actually conducted inspections and thus acquired practical experience (i.e. routine inspections of chemical weapons and related facilities, and facilities related to the chemicals listed under Schedule 1 and 2). The book is intended to stimulate and enrich the debate on a number of practical as well as legal issues that have emerged during the practical implementation. It will be of interest to National Authorities and to diplomats following the implementation of the Chemical Weapons Convention, but also to practitioners in the chemical industry and related trade associations, international lawyers and political scientists - whether specialists or generalists, and the interested public.

This Commentary offers detailed background and analysis of the Treaty on the Prohibition of Nuclear Weapons, which was adopted at the UN Headquarters in New York in July 2017. The Treaty comprehensively prohibits the use, development, export, and possession of nuclear weapons. Stuart Casey-Maslen, a leading expert in the field who served as legal adviser to the Austrian Delegation during the negotiations of this Treaty, works through article by article, describing how each provision was negotiated and what it implies for states that join the Treaty. As the Treaty provisions cut across various branches of international law, the Commentary goes beyond a discussion of disarmament to consider the law of armed conflict, human rights, and the law on inter-state use of force. The Commentary examines the relationship with other treaties addressing nuclear weapons, in particular the Treaty on the Non-Proliferation of Nuclear Weapons (NPT). Background on the development and possession of nuclear weapons and theories of nuclear deterrence is provided. Particular attention is paid to controversial issues such as assistance for prohibited activities, the meaning of 'threaten to use', and the definition of nuclear explosive devices. Casey-Maslen also considers whether a member of NATO or other nuclear alliance can lawfully become a state party to the Treaty.

This is a commentary on the legislation around the use of cluster munitions in warfare.--

The entry into force in 1997 of the Chemical Weapons Convention (CWC) symbolizes the coming of age of the law of arms control as a separate area of international law. It is not only the first treaty whereby a whole category of weapons of mass destruction, viz. chemical weapons, is completely banned, but it also puts into place a comprehensive compliance control system. For this purpose a specialized international organisation has been created with as its sole purpose the supervision of the commitments under this arms control treaty: the Organisation for the Prohibition of Chemical Weapons (OPCW) based in The Hague. Supervision under this Convention is an example of compliance management, which is cooperative rather than adversarial in character, in spite of the elaborate and intrusive inspection regime concerning not only the military component but also the civilian chemical industries worldwide. Thereby not only States Parties' military security concerns are taken care of, but also the concerns of the chemical industries with regard to the protection of confidential business information. In general, this volume aims to provide a better understanding of some of the special characteristics of arms control law. One part of this volume highlights the unique characteristics of the compliance control model by providing a detailed analysis of the CWC, the OPCW and of the specific supervisory functions. The obligations of the signatories to the CWC are discussed in the other part. Although an important topic of general international law, clarity as to the obligations of Signatory States appears to be of special importance in the case of arms control treaties, for, given their securityinterests, it is crucial for States that at a minimum a "status quo" between all the signatories is maintained. The main contributions are complemented by shorter comments on various aspects of the topics dealt with. The articles are all written by specialists in the field - academic and practitioners- making this book a valuable source for academics, diplomats, (international) civil servants, and practitioners involved in the work of the OPCW, arms control (law) or general international law.