Issues Of Arms Control Law And The Chemical Weapons Convention

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.

This Research Handbook provides a broad yet detailed treatment of international arms control law. It takes stock of existing arms control agreements, addresses current challenges and aims to indicate avenues for the future development of this distinct branch of public international law.

The Chemical Weapons Convention entered into force on 29 April 1997, & the major player, namely the United States, ratified it shortly before that date. This constitutes an important achievement in disarmament law & also a step forward in general international law, as the Convention, in order to solve a serious security problem, establishes an unprecedented regime for controlling relevant state & private behaviour, administered by a newly-created international organization. The system being both new & complex, there is a considerable need for interpretation & explanation. In order to make the Chemical Weapons Convention really work, additional measures of implementation are needed. These two problems are addressed by the various contributions presented in this book, which is the result of a common research project of three teams directed by the three editors. It reviews the history of the negotiations & then presents a thorough analysis of the major theatres of the Convention: the organization (OPCW), the verification regime, dispute settlement & reactions to non-compliance. More specific issues include confidentiality, application during armed conflicts, trade issues & national implementation. The information contained in the volume, including the report on the work of the Preparatory Commission, is up-to-date at the time of entry into force.

This book provides an article-by-article commentary on the text of the Chemical Weapons Convention (CWC) and its Annexes, one of the cornerstone disarmament and arms control agreements. It requires the verified elimination of an entire category of weapons of mass destruction and their means of production by all its States Parties within established time lines, and that prohibits any activities to develop or otherwise acquire such weapons. Cross-cutting chapters alongside the detailed commentary, by those intimately involved in the development of the Convention, assess the history of the efforts to prohibit chemical weapons, the adoption of the Convention and the work of the Preparatory Commission, the entry into force of the Convention to the Second Review Conference, and the need for a new approach for the governance of chemical weapons. Written by those involved in its creation and implementation, this book critically reviews the practices adopted in implementing the Convention, as well as the challenges ahead, and provides legal commentary on, and guidance for, its future role. It assesses how to adapt its implementation to advances in science and technology, including the discovery of new chemicals and the development of biochemical 'non-lethal' compounds that influence behaviour. It addresses the legal framework within which the Organization for the Prohibition of Chemical Weapons (OPCW) takes decisions, both with regard to the OPCW's own regulatory framework and regarding wider international norms, accepted principles, and practices. The Commentary draws conclusions on how the prohibitions against chemical weapons can be strengthened and the stature of the OPCW protected. It highlights the involvement of industry and academia in this prohibition, creating a symbiosis between effective governance and the legal framework of the Convention. This book is an authoritative, scholarly work for anyone interested in the Chemical Weapons Convention, in international disarmament and arms control law, and in the work of international organizations, and a practical guide for individuals and institutions involved in the Convention's day-to-day implementation.

Arms control and disarmament are key elements in promoting international peace and security. In recent decades the scope of disarmament law has broadened from a traditional focus on weapons of mass destruction to encompass conventional weapons. In this new volume in the Elements series, Stuart Casey-Maslen provides a concise and objective appraisal of international arms control and disarmament law. In seven concise chapters, he traces the history of arms control and disarmament in the modern era, addressing the issues surrounding biological and chemical weapons, the Non-Proliferation of Nuclear Weapons, and conventional weapon and arms transfer regimes. He concludes by considering how, in order to remain relevant, disarmament and arms control will need to adapt to rapidly evolving technologies that defy traditional means of verification and control. Arms Control and Disarmament Law is an accessible, go-to source for practicing international lawyers, judges and arbitrators, government and military officers, scholars, teachers, and students.

The life and chemical sciences are in the midst of a period of rapid and revolutionary transformation that will undoubtedly bring societal benefits but also have potentially malign applications, notably in the development of chemical weapons. Such concerns are exacerbated by the unstable international security environment and the changing nature of armed conflict, which could fuel a desire by certain States to retain and use existing chemical weapons, as well as increase State interest in creating new weapons; whilst a broader range of actors may seek to employ diverse toxic chemicals as improvised weapons. Stark indications of the multi-faceted dangers we face can be seen in the chemical weapons attacks against civilians and combatants in Iraq and Syria, and also in more targeted chemical assassination operations in Malaysia and the UK. Using a multi-disciplinary approach, and drawing upon an international group of experts, this book analyses current and likely near-future advances in relevant science and technology, assessing the risks of their misuse. The book examines the current capabilities, limitations and failures of the existing international arms control and disarmament architecture – notably the Chemical Weapons Convention – in preventing the development and use of chemical weapons. Through the employment of a novel Holistic Arms Control methodology, the authors also look beyond the bounds of such treaties, to explore the full range of international law, international agreements and regulatory mechanisms potentially applicable to weapons employing toxic chemical agents, in order to develop recommendations for more effective routes to combat their proliferation and misuse. A particular emphasis is given to the roles that chemical and life scientists, health professionals and wider informed activist civil society can play in protecting the prohibition against poison and chemical weapons; and in working with States to build effective and responsive measures to ensure that the rapid scientific and technological advances are safeguarded from hostile use and are instead employed for the benefit of us all.

This book, first published in 1985, examines thinking around chemical weapons from the standpoint of national policy-making in a manner that integrates both defence and arms-control aspects. The process of multilateral negotiations on chemical warfare arms control is not simple, nor are the issues involved and their associated technical questions. Constraints, standards and verification are needed. This book analyses these issues, and the interplay of domestic issues and specific security requirements. This book offers an analytical framework within which a wide spread of different considerations may be located and assessed.