Treaty Compliance.
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Superior document: | Nijhoff Law Specials Series ; v.32 |
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TeilnehmendeR: | |
Place / Publishing House: | Boston : : BRILL,, 1998. ©1998. |
Year of Publication: | 1998 |
Edition: | 1st ed. |
Language: | English |
Series: | Nijhoff Law Specials Series
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Physical Description: | 1 online resource (165 pages) |
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Table of Contents:
- Intro
- Title Page
- Copyright Page
- Table of Contents
- Preface
- International Workshop on Compliance Systems for Treaties
- List of Participants
- Recommendations Developed in Three Working Groups
- Working Group One - Biological and Chemical Weapons
- Working Group Two - Nuclear Treaties
- 1. The IAEA Safeguards System
- 2. The NPT and the Security Council
- 3. Societal Role in Verification
- Working Group Three - Humanitarian and Human Rights Treaties
- New Crimes Against Peace? The Application of International Humanitarian Law Compliance and Enforcement Mechanisms to Arms Control and Disarmament Treaties
- I. Introduction
- II. Background
- III. Compliance and Enforcement Mechanisms in International Humanitarian Law
- IV. The Potential Application of Law of Armed Conflict Compliance and Enforcement Mechanisms to Arms Control and Disarmament Treaties
- V. Conclusions
- Compliance and the Non-proliferation Treaty: Developments in Safeguards and Supply Controls
- I. The Technological and Political Context of Compliance
- II. Three Lines of Response: Safeguards, Information and Acquisition
- III. The Changing Nature of Safeguards
- IV. Information
- V. Acquisition
- VI. Conclusion
- New Trade and Environmental Compliance Measures to Enhance Conventional Arms Agreements: From Landmines to UN Peace-keeping
- Introduction: On the Need to Limit Conventional Arms
- I. Internalizing the Costs of Weapons
- II. The Conventional Weapons Trade
- A. The Numbers
- B. 'Techno-Globalism'
- C. 'Export or Expire' and the Rise of Commercialism
- D. Globalization and International Production
- 1. Dual-Use Items
- 2. Proliferation and Indigenous Production
- E. The Data
- III. Existing Conventional Weapons Regimes
- A. International Laws of War
- 1. Customary and Emerging International Laws of War.
- 2. 1980 Conventional Weapons Convention
- a. 1995 Review Conference
- b. The Ottawa Process
- c. The International Landmine Campaign
- d. Internalizing the Costs of Landmines
- e. Proposals for Trade Measures and Codes of Conduct
- IV. Coordinating Committee for Multilateral Strategic Export Controls
- 1. Background To COCOM
- a. COCOM Lists of Goods and Areas
- b. Missile Technologies Control Regime
- 2. The US System of Weapons-Related Trade Controls
- a. Extraterritorial Implementation of US Trade Controls
- b. Helms-Burton Act
- 3. Canadian Trade Controls
- 4. Export Controls and Free Trade
- V. UN Register of Conventional Arms
- 1. Background
- 2. Operation
- 3. Evaluation
- 4. As a Compliance Tool
- VI. Speculating on a NPT-like Conventional Weapons Treaty
- VII. Traditional and Emerging Trade and Environment Compliance Measures - Application to Conventional Weapons
- A. Trade Measures
- 1. Arms Trade Controls and the GATT
- a. The 'Essential Security' Exception in the GATT
- b. New Surveillance Rules
- 2. Government Subsidies
- 3. GATT Border Tax Adjustment Rules
- 4. Application to Conventional Arms Agreements
- B. International Environmental Law and Measures
- 1. The Precautionary Principle
- a. Application to Conventional Weapons
- 2. Intergenerational Equity and the Preventative Approach
- 3. Polluter-Pay Principle
- a. Application to Conventional Weapons
- 4. Compliance Measures in Environmental Agreements
- VIII. Conclusion
- The Compliance Regime under the Chemical Weapons Convention - A Summary and Analysis
- I. Introduction
- II. Descriptive Glossary
- The Chemical Weapons Convention (CWC)
- The Preparatory Commission
- The Organization
- The Conference
- The Executive Council
- The Technical Secretariat
- The Director-General
- The Inspected State Party
- The Requesting State Party.
- The International Atomic Energy Agency (IAEA)
- III. The Elements of the Compliance Regime
- Inter-Party Consultations
- Inter-Party Referral to the ICJ
- OPCW Referral to the ICJ
- The Evaluation Process
- Decisions by staff members of the Technical Secretariat
- Decisions by the Director-General
- Decisions by the Executive Council
- Decisions by the Conference
- Comment
- Measures Available to The Executive Council
- Measures Available to the Conference
- Trade Incentives and Disincentives
- Assistance and Protection Against Chemical Attack
- Prerequisite to Withdrawal
- Penal Legislation
- National Authority
- The Confidentiality Regime
- Some Strengths and Weaknesses in the Compliance Regime
- Proposals for Improving the Compliance Regime
- Collective Measures
- Other Measures
- A Final Word About Sanctions
- Conclusion
- Strengthening Compliance Systems for Disarmament Treaties: The Biological and Chemical Weapons Conventions
- Abstract
- I. Introduction
- II. Biological Weapons Convention (BWC)
- III. Chemical Weapons Convention (CWC)
- IV. BWC and CWC Together
- V. Conclusion.