The Role of the Security Council in WMD-Related Export Control: Synergy Between Resolution 1540 (2004) and Sanctions Resolutions

Abstract

This article analyzes the question of weapons of mass destruction (WMD)-related export control from a perspective of synergy between Security Council Resolution 1540 (2004) and its sanctions resolutions. Resolution 1540 (2004) has made the hitherto non-binding export control rules of the existing export control regimes legally binding on all UN member States. However, it does not include control lists with which States would implement their national export control legislation in a more harmonious manner. Sanctions resolutions of the Security Council seem to have eliminated this defect by incorporating such control lists as part of their sanctions regimes binding on all UN members. Thus, Resolution 1540 (2004) and sanctions resolutions have contributed to an effective implementation of WMD-related export control.