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The Chemical Weapons Convention

The Chemical Weapons Convention A Commentary

  • Author:
  • Publisher: Oxford University Press
  • ISBN: 9780199669110
  • Published In: August 2014
  • Format: Hardback , 768 pages
  • Jurisdiction: International ? Disclaimer:
    Countri(es) stated herein are used as reference only

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  • Description 
  • Contents 
  • Author 

Details

  • Systematic article-by-article commentary on this key international convention and its annexes, drawing on its negotiating history and implementation
  • Provides cross-cutting chapters to set out a broader analysis of the issues raised by the convention
  • Assesses the fundamental issues of verification, compliance, national implementation, how to deal with advances in science and technology, and destruction within agreed timelines
  • Includes contributions from a stellar team of international experts

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.

Readership: Scholars and advanced students of the law of armed conflict and the use of weapons; government officials, practitioners, and legal advisers in this area

I.: Introduction
I.1: History of the efforts to prohibit chemical weapons
I.2: Daniel Feakes: The adoption of the Convention and the work of the Preparatory Commission
I.3: Ralf Trapp: From the entry into force of the Convention to the Second Review Conference
I.4: Ralf Trapp: Looking into the future - the use of risk management concepts in decision making
I.5: Maarten Lak: Non-state security stakeholders
I.6: Caitríona McLeish: The need for a new governance approach - the role of civic society
II.: Walter Krutzsch: The preamble
III.: The Articles
III.1: Walter Krutzsch: Article I General Obligations
III.2: Walter Krutzsch and Ralf Trapp: Article II Definitions and Criteria
III.3: Ralf Trapp: Article III Declarations
III.4: Arend Meerburg and Paul Walker: Articles IV and V Chemical Weapons and Chemical Weapons Production Facilities
III.5: Mirko Sossai: Article VI Activities not prohibited under the Convention
III.6: Lisa Tabassi: Article VII National Implementation Measures
III.7: Walter Krutzsch and Treasa Dunworth: Article VIII The Organisation [for the Prohibition of Chemical Weapons]
III.8: Thilo Marauhn: Article IX Consultations, cooperation and fact-finding
III.9: Thilo Marauhn: Article X Assistance and protection against chemical weapons
III.10: Thilo Marauhn: Article XI Economic and technological development
III.11: Guido den Dekker: Article XII Measures to redress a situation and to ensure compliance, including sanctions
III.12: Walter Krutzsch: Article XIII Relations to other international agreements
III.13: Article XIV Settlement of disputes
III.14: Article XV Amendments
III.15: Articles XIV- XXIV Final clauses
IV.: The Annexes
IV.1: Ralf Trapp: The Annex on Chemicals
IV.2: The Verification and Implementation Annex
IV.2.1: Ralf Trapp: Overview
IV.2.2: Ralf Trapp and Walter Krutzsch: Parts I III General verification provisions
IV.2.3: Ralf Trapp: Parts IV.A, IV.B and V Chemical weapons, old and abandoned chemical weapons, chemical weapons production facilities
IV.2.4: Ralf Trapp: Parts VI IX Verification of activities not prohibited by the Convention
IV.2.5: Thilo Marauhn: Part X Challenge inspection
IV.2.6: Thilo Marauhn: Part XI - Investigations of alleged use
V.3: Eric Myjer: The Confidentiality Annex

Edited by Walter Krutzsch, Former Chairman, Working Group of the Chemical Weapons Convention, Eric Myjer, Professor of Conflict and Security Law, Utrecht University, and Ralf Trapp, Former Secretary of the OPCW Scientific Advisory Board

Walter Krutzsch is a retired lawyer. From 1984 he participated for the German Democratic Republic in the negotiations on the Chemical Weapons Convention; during three years as chairman of one of the three working groups of the negotiation committee. At the end of the negotiations he assisted the commission's chairman in drafting the final treaty text. Between 1994 and 1999he contributed to the work of the provisional Technical Secretariat of the OPCW.

Eric Myjer is Professor of Conflict and Security Law at Utrecht University (the Netherlands). Furthermore he is a member of the Dutch government Standing Advisory Committee on Issues of Public International Law and a member of the International Law Association's Committee on the Use of Force. He is co-editor in chief of the Journal of Conflict & Security Law. He is also Judge (locum) at The Hague Court of Appeal. He has written extensively on topics of arms control law like in Issues of Arms Control Law and the Chemical Weapons Convention (Martinus Nijhoff, 2001), which he edited and co-authored.

Ralf Trapp is an independent disarmament consultant living in France. He is a chemist by training and has worked with the GDR Academy of Sciences, the Stockholm International Peace Research Institute (SIPRI), the German Institute for International and Security Affairs (SWP) Ebenhausen and the OPCW. He was a technical adviser to the GDR CD delegation from 1983 to 1989, and in 1992 joined the German delegation to the CD during the final negotiations of the CWC. Between 1993 and 2006, he held senior positions at OPCW in industry verification, verification policy, international cooperation, government relations /political affairs and in the preparation and conduct of the two CWC Review Conferences. He also served as Secretary of the OPCW Scientific Advisory Board. He has published widely on issues related to chemical weapons disarmament. In 2006, he was elected external member of the Academy of Sciences of Bologna.

 

Contributors: 
Guido den Dekker, Senior Researcher and Lecturer at Utrecht University
Tresa Dunworth, Senior Lecturer at the University of Auckland
Daniel Feakes, Senior Policy Officer in the Policy and Review Branch of the Verification Division at the Organisation for the Prohibition of Chemical Weapons (OPCW)
Maarten Lak , strategic advisor at the Ministry of Foreign Affairs in The Hague
Thilo Marauhn, Professor of Public Law, International and European Law at the Justus Liebig University of Giessen
Caitriona McLeish, Fellow at the Science and Technology Policy Research (SPRU) at the University of Sussex
Arend Meerburg, Ambassador (retired)
Natalino Ronzitti, Chair of International Law at "LUISS" (Rome) 
Scott Spence, VERTIC's Senior Legal Officer
Mirko Sossai, Lecturer of International law at the University of Roma TRE
Thomas Stock, Dynasafe Germany
Lisa Tabassi, Legal Advisor of the Provisional Technical Secretariat of the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (CTBTO) in Vienna, Austria
Paul F. Walker, Director of Global Green USA's Security & Sustainability program

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