Accession Number:

ADB163637

Title:

Harmonizing the Chemical Weapons Convention with the United States Constitution

Descriptive Note:

Technical rept. 15 Feb-1 Nov 1991

Corporate Author:

BDM INTERNATIONAL INC MCLEAN VA

Report Date:

1992-04-01

Pagination or Media Count:

108.0

Abstract:

On-site verification inspections under the Draft Chemical Weapons Convention of facilities in the United States pose unprecedented legal difficulties. Federal implementing legislation can advance most of the Draft Conventions obligations, to permit inspections in accord with the Constitution. In some instances, changes in the United States negotiating position may be desirable to assure constitutionality. The Draft Convention creates a regime that introduces international law enforcement to the tasks of verifying destruction of existing chemical weapons and preventing new weapons production. The Draft Convention establishes an elaborate mechanism for regulating all production and acquisition of weapons-capable chemicals by States Parties. The success of these restrictions will be verified through two types of on-site inspections 1 routine inspections of declared facilities and 2 challenge inspections at both declared and undeclared facilities or locations without delay. Both types of inspections contemplate that the State Party within which the challenged site is located will actively cooperate with the International Organization. Chemical Weapons Convention, Fifth Amendment, Verification, Treaty Ratification, Implementing Legislation, Fourth Amendment, On-Site Inspections.

Subject Categories:

  • Government and Political Science
  • Chemical, Biological and Radiological Warfare

Distribution Statement:

APPROVED FOR PUBLIC RELEASE