The CWC challenge inspection scheme

Journal Article · Sun Dec 31 04:00:00 EST 1995 · Michigan Journal of International Law

OSTI ID:426069

Chemical Weapons Convention (CWC) challenge inspections are perhaps the most dynamic recent arms control initiative. Article IX contains procedures to deal with compliance problems. These procedures represent progressively stronger steps, up to and including a challenge inspection, but which a State Party can resolve doubts as to another State Party`s non-compliance. CWC challenge inspections are noteworthy in seven respects. First, in addition to a consultative process to resolve a concern, any State Party (not the OPCW) can request a challenge inspection; once requested, it must proceed unless three-quarters of the Executive Council rejects the request. Second, since a challenge inspection proceeds with regard to {open_quotes}doubts about compliance,{close_quotes} it insinuates suspicion. Third, the challenged State party cannot rightfully refuse an inspection, but limited exceptions exist that may narrow its scope. Fourth, a challenge inspection can be of any place, whether a declared facility or not. Fifth, CWC inspectors have greater capabilities to carry out inspection activities, including explicit authority to conduct environmental sampling. Sixth, an extensive modality known as {open_quotes}managed access{close_quotes} protects confidential and sensitive information. Seventh, and most significantly, the procedures to invoke and conduct a challenge inspection, and the obligations on all involved parties, are explicitly enumerated. The CWC regulates the following important subjects: (a) designation of inspectors; (b) contents of the inspection request; (c) methods to define the inspection site`s perimeter, including time frames; (d) securing the site, exit monitoring, perimeter activities; (e) rights and obligations of the inspected State Party and the inspection team with regard to access, including managed access; (f) duration of inspection; and (g) preparation of the final report.

• OSTI ID: 426069
• Journal Information: Michigan Journal of International Law, Journal Name: Michigan Journal of International Law Journal Issue: 4 Vol. 16; ISSN MJILF3
• Country of Publication: United States
• Language: English

Related Subjects

35 ARMS CONTROL
ARMS CONTROL
CHEMICAL WARFARE AGENTS
INSPECTION
VERIFICATION