Preventing the proliferation of innovation: Chemical and biological weapons regulations

The Chemical Weapons Convention and Biological Weapons Convention prohibit the development, production, and use of chemical and biological weapons. These treaties are dependent on the actions of States to effectively implement and uphold these international instruments. Complicating implementation, in many jurisdictions, private organisations are the leading sources of major research and development activities, sometimes in partnership with the State or State organs (such as research institutes or universities). These organisations have been able to deliver rapid advancements in fields such as medicine and agriculture through the design and development of new compounds, chemicals, and processes. While some of these advances have produced life-changing technologies, they may also be used for alternative purposes as part of offensive campaigns by a range of actors. The Conventions are not targeted at the development and production of technologies that have legitimate, non-offensive uses. This chapter engages with the way States implement their international obligations in the context of the research and development activities of private organisations. The chapter notes the regulatory balancing act required to support and encourage innovative activities by private organisations while recalling the paramount duties of the State to comply with laws ultimately intended to eliminate chemical and biological weapons.