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After twenty years of negotiation within the framework of the Disarmament Conference, the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction was signed in Paris between 13 and 15 January 1993. At the same time, the signatory States adopted a resolution instituting a Preparatory Commission, established in The Hague, with the aim of 'the prompt and effective establishment of the future Organization for the Prohibition of Chemical Weapons'. A variety of converging considerations led the Curatorium of the Academy of International Law to organize a workshop on this subject: first the very interesting nature of the highly sensitive problems raised by the destruction of chemical weapons, both on the strategic and political planes, as well as on technical, financial and ecological grounds; but also the originality and difficulty, from the legal standpoint, of the numerous questions which will inevitably arise in connection with the application of the Paris Convention. Finally, the Paris Convention, which is innovative in many respects, particularly in that it institutes international control over the whole of an industrial activity, may be used as a model in other areas of disarmament, in particular the area of nuclear weapons.
"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. The treaty is examined article by article, with discussed of 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 also provided."--Résumé de l'éditeur.
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.
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.
The most complex and comprehensive disarmament treaty ever to be adopted, the Chemical Weapons Convention (CWC) is intended to provide robust assurance that chemical weapons will not be developed, produced, stockpiled, used or transferred. To implement and enforce the CWC and verify the ongoing elimination of declared chemical weapons production capacity and stockpiles, the Organisation for the Prohibition of Chemical Weapons (OPCW) inspects military and industrial sites in dozens of countries. OPCW membership now embraces over 95 percent of the world's population and 98 percent of the relevant global chemical industry. This book provides an in-depth explanation of the notable achievements of the CWC in a relatively short span since 1997, and examines the issues that must be addressed to ensure the regime's continuing vitality in the context of dynamic changes in the security environment, and in science, industry and technology. Featuring contributions from government and OPCW officials and experts in international law, industry, government and media, this volume highlights the challenges in implementation and assesses and recommends the means necessary to preserve the global ban on chemical weapons perpetually.