The BWC Gray Area: Locating the Blurry Line of Defining Biological Weapons
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Jennifer Wissinger
Abstract
The member states bound by the Biological Weapons Convention (BWC) have committed to not produce, stock pile, or use biological weapons, but finding the line between what is a biological weapon and what is justified by “prophylactic, protective or other peaceful purposes” is difficult with the broad wording of the convention. In a world of quickly emerging technology, the gray area created by the broad exceptions to what constitutes a BWC biological weapon produces ever-changing security risks and public policy considerations. Despite the BWC’s attempt to strengthen prohibition on biological weapons of prior agreements, a large exception is carved out for the three justified uses, which hinges on the intent and purpose of the actor. The three permitted purposes are not defined, and there is no objective test for determining the intention of the actor.
©2015 by De Gruyter
Articles in the same Issue
- Frontmatter
- Articles
- The BWC Gray Area: Locating the Blurry Line of Defining Biological Weapons
- Eco-Terrorism: A Legal Update on the Laws Protecting Scientific Research from Extremist Activists
- Legal Framework Surrounding the Development of Vaccines for Select Agents: Do the Legal Incentives Outweigh the Legal Burdens?
- Preparing for Agroterror: How is the Texas Animal Health Commission Implementing Federal Food Security Regulations?
- No Safe Haven: How the Chasm between the Laws Governing Refugees and Mass Gatherings Has Contributed to Health Crises
- Lost at Sea – Plunge into Cruise Ship Jurisdiction: Which Governmental Agency Regulates Health on Passenger Vessels, Which Governmental Agency Responds in the Event of a Biological Attack on a Vessel, and What Can Be Done to Prepare?
- I Saw it in a Movie: The Effectiveness of Health Regulations on International Travel
- Die a Hero or Live Long Enough to Become the Villain: Mass Casualty Preparedness in Hospitals and Protecting Doctors from Liability during Mass Casualty Events
- Review
- Public Policy Drivers during Global Public Health Emergencies: Focus on Ebola
Articles in the same Issue
- Frontmatter
- Articles
- The BWC Gray Area: Locating the Blurry Line of Defining Biological Weapons
- Eco-Terrorism: A Legal Update on the Laws Protecting Scientific Research from Extremist Activists
- Legal Framework Surrounding the Development of Vaccines for Select Agents: Do the Legal Incentives Outweigh the Legal Burdens?
- Preparing for Agroterror: How is the Texas Animal Health Commission Implementing Federal Food Security Regulations?
- No Safe Haven: How the Chasm between the Laws Governing Refugees and Mass Gatherings Has Contributed to Health Crises
- Lost at Sea – Plunge into Cruise Ship Jurisdiction: Which Governmental Agency Regulates Health on Passenger Vessels, Which Governmental Agency Responds in the Event of a Biological Attack on a Vessel, and What Can Be Done to Prepare?
- I Saw it in a Movie: The Effectiveness of Health Regulations on International Travel
- Die a Hero or Live Long Enough to Become the Villain: Mass Casualty Preparedness in Hospitals and Protecting Doctors from Liability during Mass Casualty Events
- Review
- Public Policy Drivers during Global Public Health Emergencies: Focus on Ebola
