| Publication |
2005.
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| Summary/Abstract |
The Biological Weapons Convention (BWC) regime currently suffers from a lack of effective compliance procedures. Because a legally binding compliance protocol to the BWC is not available, other measures are needed to stabilize the regime against the risk of violations of its rules. The Treaty on the Non-Proliferation of Nuclear Weapons, the Chemical Weapons Convention, and the experiences of UN inspection teams show that among the necessary components of effective compliance mechanisms are an intermediary level between bilateral consultations of states parties and involvement of the UN Security Council as well as independent assessment capabilities. This article suggests that the UN Secretary General could assume such an intermediary function and, using the authority contained in Article 99 of the UN Charter, could investigate not only alleged use of biological weapons but also alleged breaches of the BWC. A standing expert unit in the Department for Disarmament Affairs could provide the independent expertise necessary for such investigations. Such a compliance mechanism could provisionally help stabilize the BWC regime until a permanent compliance system can be agreed.
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