Strengthening the Biological Weapons Convention: Key Points for the Fourth Review Conference

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by Graham S. Pearson

Graham S. Pearson is an Honorary Senior Visiting Research Fellow in the Department of Peace Studies at the University of Bradford. He was previously Director General and Chief Executive of the Chemical and Biological Defence Establishment at Porton Down, Salisbury. He has published several articles and papers on chemical and biological defence and arms control.

Artilce XIV - Universal Adherence to the Convention

Discussion of Article XIV at the Third Review Conference

1. At the Third Review Conference of the BTWC held on 9-27 September 1991, the Final Declaration of the States Parties noted with satisfaction that a significant number of States had ratified or acceded to the Convention since the Second Review Conference. Article XIV states that:

(1) This Convention shall be open to all States for signature. Any State which does not sign the Convention before its entry into force in accordance with paragraph (3) of this Article may accede to it at any time.

The other paragraphs of this Article set out the procedures for the depositing of instruments of ratification and instruments of accession with the Depositary Governments and for the notification of all signatory and acceding States of the date of each signature, of deposit of each instrument of ratification or of accession, etc.

2. The Final Declaration of the Third Review Conference1 noted with satisfaction that there were now more than 115 States Parties to the Convention and called upon States which had not ratified or acceded to the Convention to do so without delay thereby contributing to the achievement of universal adherence to the Convention.

Developments since the Third Review Conference

3. As the number of States Parties has increased to greater than 130, there is cause for further satisfaction whilst still encouraging all States which have not ratified or acceded to the Convention to do so without delay. It is therefore suggested that the Fourth Review Conference should adopt similar language to that in the Final Declaration of the Third Review Conference:

The Conference notes with satisfaction that a significant number of States have ratified or acceded to the Convention since the Third Review Conference and that there are now more than 130 States Parties to the Convention, including all the permanent members of the Security Council of the United Nations.

The Conference calls upon States which have not yet ratified or acceded to the Convention to do so without delay and upon those States which have not signed the Convention to join the States Parties thereto thus contributing to the achievement of universal adherence to the Convention.

In this connection the Convention encourages States Parties to take action to persuade non-Parties to accede to the Convention without delay.

The Conference particularly welcomes regional initiatives that would lead to wider accession to the Convention.

The Fourth Review Conference urges those States Parties to the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons which have not taken part in the Conference to participate in the implementation of provisions contained in the Final Declaration of this Conference, and in particular to implement the agreed confidence-building measures.

1 United Nations, The Third Review Conference 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, Geneva, 9Ð27 September 1991, BWC/CONF.III/23, Geneva 1992.