Contribution of National Implementation Approaches to Enhance Compliance with the Biological Weapons Convention

Abstract

Effective national implementation, including the adoption of domestic legislation and the creation of a domestic enforcement mechanism, is a key element for the enhancement of the compliance with the Biological and Toxin Weapons Convention (BTWC). Its Article IV contains the explicit obligation for a State Party to take any necessary measures to proscribe and prevent the activities already prohibited under Article I, “in accordance with its constitutional processes” and “within the territory of such State, under its jurisdiction or under its control anywhere”. National implementation is not simply a goal to be achieved once and for all but should be better understood as an evolutionary process that takes into account science and technology developments as well as in best practices. For that reason, the EU and its member States remain committed not only in providing assistance to third countries but also in enhancing their own implementation measures. The point is made that what States should do in order to implement the BTWC is more than simply legislate appropriately: both, the administrative practice and the work of national institutions need to be considered, in terms of financial, administrative, human resources