INTERNATIONAL LEGAL REGULATION OF WEAPONS OF MASS DESTRUCTION WITH SPECIAL REFERENCE TO BIOLOGICAL WEAPONS
The dangers posed by weapons of mass destruction have become a debatable issue at the national as well as international levels because use of such weapons can endanger the very survival of the human race.
To reduce the risk and proliferation of weapons of mass destruction, a number of international treaties or Convention have been concluded. Their purpose is to eliminate certain weapons, to curb the proliferation of weapons and of sensitive, dual-use technologies, or to increase security and build confidence in other ways. Unfortunately, these Conventions are not implemented in their true spirit. There may be several reasons for non-implementation and non-effective enforcement of this Convention, including non-compliance of verification mechanisms particularly absence of verification regime under the Biological Weapon Convention, contradictory and unclear provisions, absence of strict punishment under the Convention for the violations of obligation, lack of international cooperation, lack of effective means to detect and prevent countries from cheating and producing of these weapons, dual-use of science and technology, and unique nature of weapons.
OBJECTIVES OF THE STUDY
Present research work has been undertaken with following objectives:
- To evaluate the efforts of international community on the prohibition of weapons of mass destruction.
- To analyze the view of developed nations and the approach of India on the prohibition of weapons of mass destruction.
- To point out the factors behind non-implementation and non-enforcement of international treaties on the subject.
- To analyze the reasons for non-compliance of verification mechanisms and absence of verification mechanism under the Biological Weapons Convention.
- To examine the problems relating to international investigation, after and before use of weapons of mass destruction.
- To study the law regulating the weapons of mass destruction in India particularly in biological weapons.
HYPOTHESIS
International legal framework for weapons of mass destruction in general and biological weapons in particular, in substance and practice, is not sufficient to ensure world peace.
THE METHODOLOGY
The methodology to be applied in the present research shall be doctrinal in nature. It shall include an in-depth study of materials and existing literary literature on weapons of mass destruction from the perspective of international humanitarian law.
POSSIBLE OUTCOMES
The present research proposal to identify the problems associated with verification compliance of these conventions: Treaty on the Non-Proliferation of Nuclear Weapons (NPT), the Conventions on Biological (BWC) and Chemical Weapons (CWC), the Comprehensive Nuclear Test Ban Treaty (CTBT). It shall also make an attempt to evolve a uniform verification mechanism for all three conventions keeping in view the interest of all stockholders.
