On-site verification inspections under the Draft Chemical Weapons Convention of facilities in the UnitedStates pose unprecedented legal difficulties. Federal implementing legislation can advance most of the Draft Convention'sobligations, to permit inspections in accord with the Constitution. In some instances, changes in theUnited States' negotiating position may be desirable to assure constitutionality.The Draft Convention creates a regime that introduces international law enforcement to the tasks of verifyingdestruction of existing chemical weapons and preventing new weapons production. The Draft Convention establishesan elaborate mechanism for regulating all production and acquisition of weapons-capable chemicals byStates Parties.The success of these restrictions will be verified through two types of on-site inspections. (1) routineinspections of declared facilities; and (2) challenge inspections at both declared and undeclared facilities or locationswithout delay. Both types of inspections contemplate that the State Party within which the challenged site islocated will actively cooperate with the International Organization.
Barry Kellman; Jerry R. Stockton; Edward A. Tanzman, Harmonizing the Chemical Weapons Convention with the United States Constitution (1992)