Document Type
Book
Publication Date
November 1993
Abstract
State Parties will implement the Chemical Weapons Convention (CWC) according to their respective constitutions, statutes, and procedures. This report presents an overview of the distinctive legal features relevant to CWC implementation in potential State Parties. The Organization for the Prohibition of Chemical Weapons is authorized to enter any State Party's territory on short notice. While the Organization must carry out inspections unintrusively and respect national constitutional rights, these inspections may be undertaken without prior judicial authorization and may not be refused. Inspection activities may include personnel interviews, examination of facility operations and records, and sampling of materials. These obligations raise unique legal issues that must be resolved to assure consistent CWC implementation among State Parties. This report comparatively analyzes the relevant law of 18 foreign States and 3 international human rights systems. Scholars from each of these jurisdictions were asked to respond to questionnaires designed to elicit a uniform basis for evaluating CWC implementation under each domestic legal system. Their individual answers are summarized here and are available in their entirety. While the CWC's verification measures provoke unprecedented legal issues, successful implementation throughout the world community is entirely possible.
Recommended Citation
Barry Kellman; Edward A. Tanzman; David Gualtieri; M. Cherif Bassiouni, A Comparative Study of the Legal Implementation of the Chemical Weapons Convention in Foreign Jurisdictions (1993)
Comments
(DNA-TR-93-59) Approved for public release; distribution is unlimited.