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Working Paper by the Friend of the Chair for Legal Issues : Article V - Measures to Redress a Situation and Ensure Compliance (WP.224)

The full text of this Working Paper is provided below; this is from the 8th Session of the Ad Hoc Group of States Parties.  Please note: the page numbers given are those which appear in the original text.  

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AD HOC GROUP OF THE STATES PARTIES
TO THE CONVENTION ON THE PROHIBITION
OF THE DEVELOPMENT, PRODUCTION AND
STOCKPILING OF BACTERIOLOGICAL
(BIOLOGICAL) AND TOXIN WEAPONS AND
ON THEIR DESTRUCTION

BWC/AD HOC GROUP/WP.224
19 September 1997

Original: ENGLISH

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Eighth session
Geneva, 15 September - 3 October 1997

WORKING PAPER SUBMITTED BY THE FRIEND OF THE CHAIR FOR
LEGAL ISSUES

ARTICLE V - MEASURES TO REDRESS A SITUATION
AND ENSURE COMPLIANCE

1. The Conference shall take the necessary measures, in accordance with paragraphs 2, 3 and 4, to ensure compliance with the Convention and this Protocol and to redress and remedy any situation which contravenes their provisions. In considering action pursuant to this paragraph, the Conference shall take into account all information and recommendations on the issues submitted by the [Executive Council].

2. In cases where a State Party has been requested by the [Executive Council] to take measures to redress a situation raising problems with regard to its compliance, and where the State Party fails to fulfil the request within the specified time, the Conference may, inter alia, upon the recommendation of the [Executive Council], restrict or suspend the State Party's rights and privileges under this Protocol until the Conference decides it has undertaken the necessary action to conform with its obligations under the Convention and this Protocol.

3. In cases where serious damage to the object and purpose of the Convention may result from non-compliance with the Convention, in particular Article I, the Conference may recommend to States Parties collective measures which are in conformity with international law.

4. The Conference may, if it deems necessary, and in accordance with Article VI of the Convention, bring the issue, including relevant information and conclusions, to the attention of the Security Council of the United Nations.

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GE.97-64313

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