International law and sea-dumped chemical weapons /
This volume contains a comprehensive legal analysis of the international frameworks governing the remediation of sea-dumped chemical weapons. It offers legal solutions to remedy sea-dumped chemical weapons and practical recommendations that can be put into practice by governments, scientists, indust...
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| Format: | eBook |
| Language: | English |
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Oxford, United Kingdom :
Oxford University Press,
2023.
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| Online Access: | Connect to the full text of this electronic book |
Table of Contents:
- Cover
- Half-Title
- Title
- Copyright
- Dedication
- Foreword
- Acknowledgements
- Contents
- List of Abbreviations
- Introduction
- 1. Historical and Scientific Background to the Problem of Sea-Dumped Chemical Weapons
- A. The Post-World War Eras and the Potsdam Agreement
- B. Research in the 1990s and 2000s
- C. The Effects of SDCWs on the Marine Environment
- D. Current Research
- E. Conclusion
- 2. The Ascertainment of the Legal Frameworks Governing Sea-Dumped Chemical Weapons: The Chemical Weapons Convention
- A. Legal History of the Negotiation of the Chemical Weapons Convention
- B. Provisions of the Chemical Weapons Convention Relevant to SDCWs
- C. The Chemical Weapons Convention as a Multilateral Environmental Agreement
- D. The Chemical Weapons Convention's pre-.1985 Exemption for SDCWs
- 1. Negotiations in the Conference on Disarmament
- 2. Interpretation of the pre-.1985 exemption for SDCWs and its normative influence
- E. The Chemical Weapons Convention's Legal Regime Governing Old and Abandoned Chemical Weapons
- 1. Old chemical weapons
- 2. Abandoned chemical weapons
- 3. Doctrinal overlap between old and abandoned chemical weapons
- F. Conclusion
- 3. The United Nations Convention on the Law of the Sea (Unclos), Its Potential Applicability to Sea-.Dumped Chemical Weapons,
- A. The United Nations Convention on the Law of the Sea
- 1. Historical development of the international law of the sea
- 2. UNCLOS III
- 3. Legal delimitation of the sea
- 4. Environmental protection and the law of the sea
- a) Background
- b) Terminology
- c) Obligations to protect the marine environment
- B. The Legal Inter-.relationship between the Chemical Weapons Convention and UNCLOS
- 1. Dissonance with UNCLOS's marine protection provisions
- 2. Dissonance with the progression of international environmental law
- 3. Dissonance of a subsequent inter se agreement
- 4. Dissonance within the Chemical Weapons Convention's pre-.1985 exemption itself
- C. Conclusion
- 4. The Applicability of Other Legal Instruments to the Remediation of Sea-Dumped Chemical Weapons
- A. The London Convention and Protocol
- B. The Basel Convention
- C. Regional Seas Conventions
- D. Conclusion
- 5. Analysis of How Lacunae in the Applicable Legal Regimes Can Be Remedied Through Legal Strategies
- A. Amendment of the Chemical Weapons Convention or UNCLOS
- 1. Principles underpinning the alteration of treaties in public international law
- 2. Amending the Chemical Weapons Convention
- 3. Amending UNCLOS
- B. Adoption of a Protocol to the Chemical Weapons Convention or UNCLOS
- 1. Protocols in the context of the pre-.1985 exemption for SDCWs
- 2. Proposals for protocols in the context of SDCWs
- 3. Benefits of a protocol or an inter se agreement