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Global Non-Proliferation and Counter-Terrorism

The Impact of UNSCR 1540

Edited by Olivia Bosch and Peter van Ham

Publication Year: 2007

Adopted in April 2004, UN Security Council Resolution 1540 obliges all states to take steps to prevent non-state actors, especially terrorist organizations and arms traffickers, from acquiring weapons of mass destruction and related materials. The United Nations placed itself firmly in the center of one of the world's key international security challenges. Global Non-Proliferation and Counter-Terrorism brings together renowned scholars and policymakers to examine a wide range of new policy-related questions arising from the resolution's impact on the bio-scientific community, the Chemical Weapons Convention, the IAEA, trade and customs, and counter-proliferation initiatives such as the Proliferation Security Initiative (PSI). The impact of 1540 goes beyond setting new legal requirements. It focuses on enforcement not only nationally but also internationally, pressing all states to place their own houses in order. Among the key questions is how the resolution will change the existing network of non-proliferation regimes. Will it merely reinforce requirements of the existing non-proliferation treaties? Or will it offer a legal framework for counter-proliferation activities and other measures to enforce the non-proliferation network? This book provides an overview of the novel policy questions UNSCR 1540’s future implementation and enforcement will offer for years to come. Contributors include Jeffrey Almond, Thomas J. Biersteker (Brown University), Olivia Bosch (Chatham House), Gerald Epstein (CSIS), Chandré Gould (Center for Conflict Resolution, Cape Town )], Ron Manley (former OPCW Director of Verification) Sarah Meek (ISS), Siew Gay Ong (Ministry of Foreign Affairs, Singapore), Elizabeth Prescott (AAAS Congressional Fellow), Tariq Rauf (IAEA), Will Robinson (World Customs Organization), Roelof Jan Manschot (Eurojust), Peter van Ham (Netherlands Institute of International Relations), Ted Whiteside (NATO), and Angela Woodward (VERTIC).

Published by: Brookings Institution Press

Title Page

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Copyright Page

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Table of Contents

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Foreword

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pp. x-xii

I was honored to be invited to contribute the foreword to this volume. To my knowledge, it is the first-ever scientific undertaking of such breadth on this topic. Inputs from the specialized academic and scientific community have been enormously helpful and inspirational throughout the early and most difficult stages of the implementation ...

List of Abbreviations

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pp. xiv-xv

Part I: UN Security Council Resolution 1540, Context and Non-State Actors

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pp. 1-

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Chapter 1: Global Non-Proliferation and Counter-Terrorism: The Role of Resolution 1540 and Its Implications

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pp. 3-23

Scenarios in which terrorists use weapons of mass destruction (WMD) have been posited for decades, but the threat and the issues involved have received new attention in the early 2000s.1 U.S. Secretary of Defense Donald Rumsfeld has reformulated what has been popularly called the “sum of all fears” as the “nexus between weapons of ...

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Chapter 2: The UN's Counter-Terrorism Efforts: Lessons for UNSCR 1540

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pp. 24-40

The United Nations is often criticized as an institution that is inefficient and unable to respond quickly and effectively in crisis situations and that generally lacks the capacity to adapt creatively to changing circumstances. While some have called for its fundamental reform or overhaul, others have urged its abolishment altogether. Criticisms ...

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Chapter 3: UNSCR 1540 and the Scientific Community as a Non-State Actor

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pp. 41-53

Curbing the proliferation of high-consequence materials that could be used in biological, chemical, radiological, and nuclear weapons and related delivery systems has received increasing attention in recent years. Most of these materials and delivery technologies have legitimate uses in society and continue to be researched with the aim of ...

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Chapter 4: Motivations and Means: Scientists in Apartheid South Africa's Nuclear, Biological, and Chemical Weapons Programs and Relevance for UNSCR 1540

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pp. 54-69

For more than a decade the South African apartheid government developed its nuclear, biological, and chemical (NBC) weapons programs in secret. Only those who worked directly on the programs or oversaw their strategic direction, including at least the state president and the minister of defense, knew the details of their ...

Part II: UNSCR 1540 and Existing Controls, Organizations, and Treaties

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pp. 71-

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Chapter 5: Restricting Non-State Actors' Access to Chemical Weapons and Related Materials: Implications for UNSCR 1540

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pp. 73-85

UN Security Council Resolution 1540 places a number of duties on UN member states, including to “adopt and enforce appropriate effective laws which prohibit any non-state actor to manufacture, acquire, possess, develop, transport, transfer or use nuclear, chemical or biological weapons and their means of delivery, in particular for ...

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Chapter 6: UNSCR 1540 and the Role of the IAEA

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pp. 86-95

Several of the programs and activities of the International Atomic Energy Agency (IAEA, the Agency) are relevant to the objectives of UN Security Council Resolution (UNSCR) 1540. The Agency assists states in, among other activities, preventing nuclear material and related technologies from falling into the hands of non-state actors, and thus ...

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Chapter 7: The Biological Weapons Convention and UNSCR 1540

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pp. 96-112

The threat posed by biological weapons (BW) has undoubtedly grown in recent years, as non-state actors have now joined states in demonstrating an interest in developing and using these weapons of mass panic, if not destruction. Terrorist groups and individuals have sought to develop and use BW for various purposes, such as ...

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Chapter 8: UNSCR 1540 and "Means of Delivery"

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pp. 113-121

UNSC Resolution 1540, adopted on April 28, 2004, is a very important step in the international community’s response to one of the challenges of the proliferation of weapons of mass destruction (WMD). The Resolution calls upon all states to “refrain from providing any form of support to non- State actors that attempt to develop, acquire, ...

Part III: New Controls, Legislation, and Enforcement

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pp. 123-

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Chapter 9: Industry Codes of Conduct

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pp. 125-135

New legislation to comply with United Nations Security Council Resolution 1540 will affect the pharmaceutical and the biotechnology industries, most notably in relation to their work on developing drugs and vaccines against infectious diseases. Access to dangerous microorganisms and to expertise in genetic manipulation is an ...

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Chapter 10: New Border and Customs Controls for Implementing UNSCR 1540

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pp. 153-167

United Nations Security Council Resolution (UNSCR) 1540 provides customs authorities with an important mandate and opportunity to contribute to the non-proliferation of weapons of mass destruction (WMD). Building upon UNSCR 1373 (2001), which requires all UN member states to take action against the harboring of terrorists, ...

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Chapter 11: The Proliferation Security Initiative and Counter-Proliferation: A View from Asia

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pp. 153-167

The terrorist attacks on the World Trade Center and the Pentagon on September 11, 2001 (9/11), raised the specter that similarly ruthless and organized terrorists equipped with weapons of mass destruction (WMD) could wreak even more horrific carnage. Thus as combating terrorism rose to the top of the international agenda in the wake ...

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Chapter 12: Law Enforcement and the Prevention of Bioterrorism: Its Impact on the U.S. Research Community

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pp. 168-188

UN Security Council Resolution 1540 requires states to “adopt and enforce appropriate effective laws which prohibit any non-State actor to manufacture, acquire, possess, develop, transport, transfer or use nuclear, chemical or biological weapons and their means of delivery, in particular for terrorist purposes.” Although the authority of the ...

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Chapter 13: Prosecuting Violations of Non-Proliferation Legislation

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pp. 189-203

Violations of legislation for the non-proliferation of weapons of mass destruction (WMD) confront prosecutors with a variety of obstacles to obtaining a conviction. This chapter describes some of these problems from a prosecutor’s perspective and provides examples of cases that have or are due to come to trial in the Netherlands, the seat ...

Part IV: UNSCR 1540 and Effective Global Governance

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pp. 205-

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Chapter 14: UNSCR 1540: Its Future and Contribution to Global Non-Proliferation and Counter-Terrorism

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pp. 207-226

Until 9/11 the United Nations was, in terms of effectiveness, a marginal actor in dealing with international terrorism. But since the “war on terror” took preeminence in the security agenda of the United States, the UN has had little choice other than to prove its relevance in a vastly changed strategic environment. In his speech to the UN General ...

Appendix A

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pp. 227-231

Appendix B

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pp. 233-234

Appendix C

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pp. 235-238

About the Authors

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pp. 239-242

Index

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pp. 243-253


E-ISBN-13: 9780815710189
E-ISBN-10: 0815710186
Print-ISBN-13: 9780815710172
Print-ISBN-10: 0815710178

Page Count: 269
Publication Year: 2007