A significant compliance challenge for the Biological Weapons Convention (BWC) is the lack of a dedicated verification mechanism. In view of this, States Parties rely on substitute measures, including the consultative procedure in BWC’s Article V, which allows parties to formally or informally address compliance concerns in a bilateral or multilateral settings. Despite its potential and attention to it in the early days of the Convention, Article V has remained underutilized and untested. Owing to such a situation, this chapter aims to explore the dual role of Article V, which can be understood both as a compliance mechanism and a dispute settlement arrangement. In order to do so, the author analyses its structure, application, instances of invocation, as well as its implications within the broader context of the BWC. By doing this, the chapter provides possible ways of better understanding this provision, its potential in addressing the compliance concerns, as well as the limitations and impediments.

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Article V of the Biological Weapons Convention: Between a Compliance Mechanism and a Dispute Settlement Arrangement

  • Andrej Stefanović

摘要

A significant compliance challenge for the Biological Weapons Convention (BWC) is the lack of a dedicated verification mechanism. In view of this, States Parties rely on substitute measures, including the consultative procedure in BWC’s Article V, which allows parties to formally or informally address compliance concerns in a bilateral or multilateral settings. Despite its potential and attention to it in the early days of the Convention, Article V has remained underutilized and untested. Owing to such a situation, this chapter aims to explore the dual role of Article V, which can be understood both as a compliance mechanism and a dispute settlement arrangement. In order to do so, the author analyses its structure, application, instances of invocation, as well as its implications within the broader context of the BWC. By doing this, the chapter provides possible ways of better understanding this provision, its potential in addressing the compliance concerns, as well as the limitations and impediments.