Arms Control Law as the Common Legal Framework for CBRN Security

Abstract

Security Council Resolution 1540 obligates all UN member states to take various actions to prevent the proliferation of nuclear, chemical, and biological weapons and their means of delivery to non-state actors, including establishing domestic controls over materials related to these weapons and their means of delivery. The broad scope of this resolution encompasses various instruments—treaties, organizations, export control lists, statements, and other arrangements. Apart from the nexus of Resolution 1540, though, is it possible to talk about a single legal framework for CBRN (chemical, biological, radiological, and nuclear) security? Does a common legal framework exist, or does CBRN security merely refer to a series of loose arrangements that are connected by the element of security? Or do the separate arrangements have more in common, and could it be argued that all or most arrangements (existing or aimed for) share certain characteristics of a particular nature that point to a common legal framework? And, if so, could it be held that arms control law, as a branch of public international law, forms that logical common framework? This paper considers the international law of arms control, with its special characteristics, as a framing device for CBRN security.