Disarmament and disclosure: How arms control verification can proceed without threatening confidential business information
- DePaul Univ., Chicago, IL (United States). Coll. of Law
- Argonne National Lab., IL (United States)
International security requires reductions in the quantity and availability of catastrophic weaponry. Arms control negotiators are responding to this challenge by finalizing pivotal new initiatives. This progress should, however, be met with more than mere applause--the implications of arms control must be understood, potential problems must be identified, and solutions must be proposed. In this Article, the authors examine an issue raised by the strategic Arms Reduction Treaty (START) and the Chemical Weapons Convention (CWC): how to verify compliance while protecting confidential business information (CBI). The concern is that the verification of arms control treaties requires the ability to investigate private industrial activities, and that this requirement risks revelation of valuable information in an uncertain legal environment. Since cooperation from the private sector is essential to the implementation of these treaties, methods must be devised to assure industries of the sanctity of their commercial information. The Article consists of three additional parts. Part 2 describes in detail the modalities of arms control verification, focusing on two recently signed agreements: the Strategic Arms Reduction Treaty and the Chemical Weapons Convention. Parts 3 and 4 address the threat that verifying these treaties poses to the confidentiality of valuable information. Part 3 considers problems of CBI loss due to the activities of inspectors and officials gaining access to private information. Part 4 considers the possibility that CBI will be lost due to the operation of US law. Each part suggests strategies to protect CBI and provides examples of relevant federal legislation.
- OSTI ID:
- 147902
- Journal Information:
- Harvard International Law Journal, Journal Name: Harvard International Law Journal Journal Issue: 1 Vol. 36; ISSN 0017-8063; ISSN HILJDG
- Country of Publication:
- United States
- Language:
- English
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