International law and sea-dumped chemical weapons / Grant Dawson.

Format:

Book

Author/Creator:

Dawson, Grant (Grant Mathew), author.

Series:

Oxford scholarship online.

Oxford scholarship online

Language:

English

Subjects (All):

Law of the sea.

Waste disposal in the ocean--Law and legislation.

Waste disposal in the ocean.

Chemical weapons disposal--Environmental aspects.

Chemical weapons disposal.

Physical Description:

1 online resource (273 pages)

Edition:

First edition.

Place of Publication:

Oxford : Oxford University Press, 2023.

Summary:

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, industry, and civil society.

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

C. Treaty Interpretation and Modification through Subsequent Practice

1. Basic rules and definitions

2. Practice of states in the context of the Chemical Weapons Convention

a) Interpretive decisions taken by the OPCW Conference of States Parties

b) Initiatives of states parties and other entities to deal with the issue of SDCWs at the OPCW

3. Practice of the United Nations General Assembly

D. Application of Customary International Law to SDCWs

1. Principle of prevention

2. Principle of precaution

3. Principle of cooperation

4. Principle of common but differentiated responsibilities and respective capabilities

6. Responsibility for the Remediation of Sea-Dumped Chemical Weapons and Possible Legal Liability

A. Responsibility versus Liability

B. Applicable Sources of Law.

C. Application of the Intertemporal Rule of International Law

Conclusion

Index.

Notes:

This edition also issued in print: 2023.

Includes bibliographical references and index.

Description based on online resource; title from home page (viewed on June 26, 2023).

ISBN:

0-19-269434-0

0-19-196028-4

0-19-269433-2

OCLC:

1378392079