Biology Reference
In-Depth Information
“Possession” as a Convenient Portmanteau
To speak of “constraints on possession” as the counterpart to “constraints
on use” is a matter of convenience, not of law. Its employment in this
chapter may merit explanation.
“Possession” is not a word which occurs in the BWC list of prohibi-
tions. (Its only occurrence anywhere in the text of the Convention is in
the clause “which are in its possession or under its jurisdiction or control”
in Article II.) But it is a convenient portmanteau for the nine activities
that the BWC does explicitly constrain, either absolutely or by subjecting
them to the “4P formula” (“of types and in quantities that have no jus-
tification for prophylactic, protective, or other peaceful purposes”).
Stockpiling, acquisition,
and
retention
are all forms of possession of the
prohibited objects, which for simplicity may be abbreviated to BW.
Devel-
opment
and
production
are activities antecedent to possession, and it can be
argued that possession is strongly implied at least by
production;
for this
implication not to follow, the improbable assumption would have to be
made that what is produced is immediately destroyed.
Transfer
implies possession because if there is no prior possession of the
prohibited objects there is nothing to transfer.
The remaining prohibitions are on what might be called “ancillary” ac-
tivities:
assistance, encouragement,
and
inducement.
For here it is assistance
toward possession of BW, encouragement to possess, and inducement to
possess that are prohibited.
Five of these activities are specified in Article I and four in Article III. In
the text of these two articles printed below, they are again identified by
the use of
italics:
Article I
Each State Party to this Convention undertakes never in any circum-
stances to
develop, produce, stockpile
or otherwise
acquire
or
retain:
(1) Microbial or other biological agents, or toxins whatever their ori-
gin or method of production, of types and in quantities that have no jus-
tification for prophylactic, protective or other peaceful purposes;
(2) Weapons, equipment or means of delivery designed to use such
agents or toxins for hostile purposes or in armed conflict.
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