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§ 3 Ecological aspects in international legal certificates of the right of the international safety

The right of the international safety is dynamically developing, significant branch of public international law.

E.I.Skakunov wrote, that international legal safe conducts of the states "... Assume existence of norms of the international law consolidated within the limits of branch corresponding to them, received the name“ the right of the international safety ”1.

The right of the international safety as branch of the international public law possesses difficult structure. Ampere-second. Malinin allocates four groups of norms in the given branch:

The norms concretising a principle of non-use of force; the norms devoted to disarmament and measures, it is direct to

It adjoining;

The norms regulating individual both collective self-defence and other forms of self-help;

The norms providing functioning of the mechanism of the constant organisations безопасности2.

The norms devoted to disarmament and measures, to them adjoining, some researchers, in particular, V.I.Menzhinsky and O.V.Bogdanov, carry to new formed independent branch of international law. However the majority of scientists, for example, D.B.Levin, S.A.Malinin, L.L.Ivanashchenko, consider, that the given norms are a part of the right international безопасности3.

‘ E.I.decree's Racers soch. С.34.

7 Ivanchenko N.S.Ekologija and disarmament ■ to system of the international safety. - Spb. - Publishing house S.-Petersburg un y. 1992. - With. 46.

’ In the same place. With. 32.

That circumstance, that disarmament is the important condition of maintenance of ecological safety, does not cause doubts. Taking into consideration consequences of race of arms, it is possible to tell, that all international legal norms directed on regulation of process of disarmament, are at the same time the norms regulating ecological safety. However the ecological aspect in mezhdunarodnoyopravovyh certificates concerning disarmament is shown in unequal degree. Now there is a tendency of increase of practice of introduction of the norms regulating ecological safety, in dogovory on disarmament.

Let's consider a legal basis for the decision of environmental problems in the course of disarmament on an example of the Convention on prohibition of working out, manufacture and accumulation of stocks bacteriological (biological) and toksinnogo the weapon and about their destruction of 1972 (further - KBTO).

The biological weapon is the weapon of mass destruction. According to United Nations definition, such weapon “should be defined so that to include the weapon operating with nuclear explosion, the weapon operating by means of radioactive materials, the killing chemical both biological weapon and any weapon developed in the future possessing characteristics, comparable on destructive action with a nuclear bomb and other weapon mentioned above ’ * [LIV].

Application of the weapon of mass destruction will put to environment a serious, long-term, large-scale damage, that contradicts a number of international treaties (for example, to Additional Report I to the Geneva Conventions of 1977) and to principles of international law of environment. In business about prohibition of application of the nuclear weapon the United Nations International court recognised, that “surrounding

Environment is today under constant threat and that application of the nuclear weapon would become valid accident ”1.

The court has confirmed: “Presence of the community debt of the states to carry out the activity so that it did not cause harm to environment of other states or space out of national territories, is a part of usual international law on environment protection”.

Hence, the norm of universal prohibition of the biological weapon is directed on maintenance of ecological safety.

The biological weapon, in strict understanding, are an ammunition or devices for dispersion of biological fighting agents. Biological fighting agents, according to official definition of the United Nations, - live organisms, without dependence from their nature or their infectious material which can be purposely used so that to cause illness or death of people, animals or plants. Their effect depends on their ability to breed in the knocked person, an animal or a plant.

However concepts the biological weapon and biological agents are frequently used as synonyms. The biological weapon, in a broad sense, consists of microorganisms, including viruses, rikketsii, bacteria, fungi, the elementary, and also toxins which by the nature are similar to the chemical weapon, but have a natural origin - are allocated from live organisms. The biological weapon can lead to loss of capacity or death of live beings or to limit functionality of their immune systems. The biological weapon can be used also against pets or for productivity decrease on purpose to aggrieve to economic and food safety.

The biological weapon, in comparison with other types of weapon of mass defeat, has a number of discriminating features. The effect from its action is not instant: symptoms can be shown during some period varying from several o'clock about several weeks. It is caused by that time for reproduction in the knocked beings is required to microorganisms before illness will be shown. The small amount of the biological weapon as biological agents can breed in infected suffices for achievement of effect, hence, for infitsirovanija enough small doses.

Application of the biological weapon can possess a by-effect when illness will be transferred from one individual to another. Thus attack against the local purpose can lead to epidemic which have extended in space and in time. The biological weapon does not destroy the equipment, that is during attack the biological weapon does not cause harm to buildings, technics and so on. Live organisms catch only.

Now there is a large quantity of the microorganisms, capable to cause illness, however not all of them can be applied as the biological weapon. That attack with such agents was effective, they should correspond to certain requirements. For example, such microorganisms should possess ability to a survival in atmosphere or in foodstuff during some time and should be capable to excite serious, though and not necessarily deadly, illness.

For achievement of the desirable purpose the aggressor should have knowledge of security degree, possibilities of vaccination and treatment, hygienic standards and degree of resistibility of the population of the state which it is going to attack. In open biological attack, for achievement of the purposes by the most effective way, the aggressor uses the biological weapon openly and without restrictions. However the biological weapon can be used is reserved. The victim can not guess or not in a condition proves, that it have treated to action of the biological weapon. Also the victim will be ignorant, who bears responsibility for an attack. For the latent biological attack it is characteristic, that the aggressor prefers such kind of the biological weapon which causes the illnesses similar or corresponding to illnesses, usually arising in the given region naturally. Hence, the illness which has resulted an attack, the aggressor wishes to give out for natural epidemic.

Still recently was considered, that military suitability of the biological weapon is limited. However now the situation has changed: a significant amount of the states participate in working out of the biological weapon, and their opinion on its suitability can differ from the traditional point of view. For such countries value of the given type of weapon is defined not so much by its military suitability - tactical or strategic, how many political (for example, for intervention prevention). Besides the biological weapon is rather cheap and rather readily available. Its manufacture and the maintenance demands concerning modest resources. For this reason the society states concern in connection with possibility of application of the biological weapon terrorist groups.

Large-scale manufacture from the technological point of view more difficult. However in the world there are big factories on manufacture of bacteria, the viruses necessary for development of vaccines, the antibiotics, separate cellular proteins. Recently intensive development of knowledge of such materials is observed and the quantity of people which work with microorganisms increases. Thanks to development of microbiology and molecular biology now probably to spend genetic updating of biological agents by means of so-called technology rekombinirovannoj DNA (rdnk) for the purpose of reception of special properties for application in the military or terrorist purposes. Some bacteria considered as the biological weapon, can develop special and extremely steady vital forms - disputes - which allow them to survive in the most hostile ecological conditions. In the given form the biological weapon can be kept for many years.

In international law to forbid the biological weapon it is necessary to consider as the first attempt the Report on application prohibition on war of suffocating, poisonous or other similar gases and bacteriological means of 1925. Unfortunately, the given Report, forbidding application, did not forbid working out, manufacture and accumulation of stocks of the weapon. Many states ratified the Report only after the Second World War (for example, Japan - in 1970, the USA - in 1975), and some of the states - under reservations, providing possibility of reciprocal application of the chemical and bacteriological weapon.

The term did not cover “bacteriological means” all possible biological fighting agents.

Necessity of universal prohibition began to be realised only in 1968 - 1969 after the report of the Secretary general of the United Nations devoted to the chemical and biological weapon. The report has appeared in connection with concern in mass application in the American army of herbicides and tear gases in Vietnam. In 1969 under aegis “Conferences of Committee on disarmament” (in the past - “Committee on disarmament of eighteen states”) in Geneva contract discussion on universal prohibition has begun. The given Conference was

It is renamed in “Committee on disarmament” in 1969, and since 1984 and to this day carries the name “Conferences on disarmament”.

In the seventieth years discussion concerning one question was developed: whether owe the contract containing universal prohibition, to cover all types of weapon mentioned in Report 1925, or it is primary only biological and toksinnoe the weapon?

The western countries adhered to idea of the consecutive approach: at first the contract on the biological weapon, subsequently - about chemical. The USSR and the countries of the socialist block preferred the conclusion of the convention covering both biological, and the chemical weapon. Arguments which were put forward by the western countries, were based that conclusion KBTO is represented easier achievable thanks to that the biological weapon was never applied and in the military relation the chemical weapon is less significant, than.

In July, 1969 the Great Britain has presented the project of the Convention on universal prohibition of the biological weapon in which the control mechanism, however, did not contain. Two months after the block of the socialist countries has presented the convention project in which it was spoken about universal prohibition of the biological and chemical weapon. After long discussions in 1971 the socialist countries have accepted idea of the conclusion of two separate contracts. Bilateral negotiations between the USSR and the USA further have followed, and then both states have presented project KBTO of Conference. KBTO it has been opened for signing on April, 10th, 1972.

As marks A.N.Kaljadin, a mode created by the Convention, “it has appeared too dependent on good will and readiness presence se participants to carry out of the obligations taken by them, to trust each other and to co-operate concerning Convention observance. Being“ a product of an epoch of cold war ”, the Convention reflects the approaches dominating at that time” [LV].

In spite of the fact that KBTO at the moment of its occurrence in force in 1975 was the unique and most progressive contract forbidding the whole type of weapon of mass destruction, it had essential lacks. So, for example, there were no positions about the international control over convention execution. It has been confirmed at conferences of the state-participants devoted to observance of positions of the given Convention. Maintenance of observance of obligations was carried out basically by means of measures of the national control.

Other lack consisted that clearly expressed sanctions concerning the states-infringers have not been provided.

After the third conference in 1991 the group of the governmental experts (VEREX) has gathered for the further consideration of possible control measures from the scientific and technical points of view. Its work has come to the end with development of the report which has formed a basis of activity of working group. In its function discussion of the future control mode entered.

Other lacks KBTO have been caused by character of biological manufacture and possibilities of its dual application. That fact besides, has negatively affected the document maintenance, that in the peace purposes research, working out and manufacture of pathogenic microorganisms which can be used as the biological weapon were resolved.

Further, in same article the ban for activity with microbiological and other biological agents or toxins what their origin or a method of manufacture, such kinds was is imposed and

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In such quantities which have no appointment for preventive, defensive or other peace purposes.

However this position causes many questions. First of all, not clearly, what quantity of the biological agent can justify defensive activity: in the Convention threshold quantities are not specified. That is why now it is almost impossible to condemn the suspected state for such activity. On our belief, the Convention state-participants should address urgently to the given problem.

Besides, article I possessed one more lack. It is a question of an interdiction for activity with the weapon, the equipment or the delivery systems intended for use of biological agents or toxins in the hostile purposes or in confrontations. Dual character of the equipment applied in biological manufacture, already was marked. Distinction between civil and military use is not accurate that process of their manufacture is similar, and the equipment is used same.

The working group makes efforts on overcoming of lacks of the Convention, developing the system of obligatory declarations supported with carrying out of inspections. Such control mechanism already contains in positions of the Convention on prohibition of working out, manufacture and accumulation and application of the chemical weapon and its destruction of 1993. And working out of measures on overcoming of lacks KBTO nanosecond should infringe upon interests of the academic institutes and the industry. However it is not a simple problem. Some states have doubts concerning a parity of carrying out of control measures (especially intensive inspections) and preservation of confidentiality of the commercial information and the data mentioning national safety.

One more blank in international legal regulation of prohibition of the biological weapon and the Convention lack is

Imperfection of positions of article II about conformity of activity on destruction of the biological weapon and the equipment specified in article I, requirements of ecological safety. In article II it is said, that “at performance of positions of present article all necessary safety measures for the purpose of population and environment protection” should be accepted.

In the Convention on prohibition of working out, manufacture and accumulation and application of the chemical weapon and its destruction of 1993 (further - KHO) it is underlined, that “each state-participant during destruction of objects on manufacture of the chemical weapon pays paramount attention to maintenance of safety of people and environment protection”. Hence, it is necessary to eliminate lack KBTO so that at destruction of the biological weapon and the corresponding equipment of the state-participant were guided, first of all, by safety of the population and ecological safety.

Lacks KBTO and necessity of their elimination admits all state-participants of the Convention. Now necessity of working out of the effective mechanism of the control is not discussed any more. Problems are formulated more particularly, namely: what measures of check most answer the Convention purposes? The report which will have an obligatory validity and in which the given measures will contain, was discussed at the fourth Conference on execution KBTO in 1996 [LVI]. The working group should finish the project of the Report and present it at the fifth conference of the state-participants which will pass in 2001. However the chairman of working group Tibor That aspires to finish negotiations as soon as possible: it has developed and has extended a variant initial “the working text”. The document has been presented “with the account.prava delegations on an own position on the questions considered by Special group" 1. However conferees are still far from agreement achievement under the definitive document.

In 1997 Cuba has directed to the address of Russia, one of three states - of depositaries KBTO, the requirement (the first of such requirements from the moment of introduction KBTO into force in 1975) about convocation of official advisory session for investigation of the fact of fulfilment of the USA attacks with application of biological agents in October, 1996. Cuba meant incident with the American plane which crossed on October, 21st, 1996 Cuba with the permission of the Cuban authorities and, ostensibly, sprayed thus unknown substances.

On December, 18th on Cuba first signs of invasion Thrips Palmi, an insect-wrecker, not characteristic for the given region have been noted. On April, 28th, 1997 in the note directed to the Secretary general of the United Nations, Cuba has convicted the USA under the authority of biological war. The official advisory meeting passed in Geneva, but after three days of Negotiations its participants of nanosecond could satisfy requirements of Cuba. As the ambassador of the Great Britain was expressed, “it was impossible to establish a causal relationship between flight and mass occurrence of wreckers". [LVII [LVIII] As consider Jean-Paskal Zandere and John Heart, “the given charge and the procedure which has followed it once again testify to the most serious lack KBTO - about absence of a mode of check" [LIX].

The updated Convention should contain the positions which are clearing up a situation of prospective non-observance and action in relation to * to infringers, and also the norms devoted to measures of trust and transparentnosti.

The mode based on obligatory announcements, regular, inspections on a place and inspections on a place on demand, not only will increase efficiency KBTO, but also will create trust atmosphere between all

To the states i-u parts and kam and.

Regular “inspections on a place”, certainly, play the important role in a control mode. First, they are a necessary link between announcements and such measures with potentially negative political consequences, as “inspections on demand”. In case of need, inspections on a place can be spent also for the purpose of clearing and settlement of any questions, positions of the Convention concerning possible non-observance when inspection carrying out on demand is undesirable.

It is so necessary to develop, in our opinion, measures for more effective implementatsii articles X, concerning an exchange of the equipment, materials, the scientific and technical information on use of bacteriological (biological) means and toxins in the peace purposes. In this case developing countries can participate in a mode established by the Convention on the biological weapon more effectively.

Implementatsija articles X at existence of the mechanism of the control mentioned earlier, it is extremely important for maintenance of ecological safety as its positions in parallel regulate the international cooperation on struggle against infectious diseases which are now a principal cause of death in the world. Annually of them dies more than 17 million persons, 9 million from them - children.

Thus, with reference to KBTO, principles of the international cooperation of the states, ecological safety and disarmament

Are closely connected. Presence of the given communication should increase interest of the state-participants in more effective following to positions of the Convention and the further concrete definition se positions.

However KBTO not in a condition to prevent to the full potential application of biological agents in the military or hostile purposes. Certainly, terrorist groups or individuals will not subordinate the activity to norms of the Convention. As an example incident with sect Aum Senrike (the truth, in attack it was used the chemical weapon) can serve. However there are all bases to believe, that the mode of the Convention with the control mechanism will create a supervision network at which to the states participating in forbidden activity given by the Convention, it will be difficult to hide the activity.

At the same time existence of the strict mechanism of the control should not interfere with development of new perspective biotechnologies and the industry. The obligatory declaration will be come under only by such industrial biotechnological objects or capacities which most correspond to the requirements shown to manufacture of biological agents. In case of concept application “operated access”, during inspections on a place possibility to protect the confidential commercial information should be given.

Despite working out of the mechanism of the control, one more lack KBTO remains not settled. We mean a problem of differentiation of biological programs for defence and an attack. For example, it is considered to be, that vaccine manufacture concerns activity on defence. However researches and the workings out concerning ratogennyh of agents or toxins, can be spent as for defence, and an attack. So difficultly, it is almost impossible to spend distinction between the forbidden or resolved activity because of dual application of the equipment.

Hence, insisting on prohibitive positions of the Convention, it is obviously important to create trust and transparency atmosphere to overcome the given lack.

Now anybody any more does not deny, that in the near future ’ threat of application of the biological weapon will increase. Fast development of microbiology, molecular biology and genetics give the bases for such assumptions. For example, with application of so-called rdnk-technology it will be possible to create the new, genetically modified biological agents with the special properties which use for the military purposes will be very convenient and effective. Unfortunately, by means of modern immunologicheskih means and vaccines known at present and antibiotics they will be difficult for defining and, especially, to destroy. Not casually in the world the alarm expresses, that such biological agents can be used in the future conflicts, or genetically modified organisms can leave from under the control of the developers. And then their distribution will lead to accident of world value.

We name one more aspect connected with danger of application of the biological weapon in the future. As an occasion to alarm the wide circulation of knowledge in the field of molecular researches, microbiology and genetics, physiology and medicine serves. Very many scientifically - research centres of all world work now over creation of computer databases about microorganisms and their properties, about methods of their studying and updating. Such bases are often opened for general public and can be used for needs of terrorist groups or the states breaking positions KBTO.

One of fundamental problems of maintenance of a mode of non-distribution is connected with the accelerated development of the microbiological industry. Many developing countries have microbiological factories on manufacture of vaccines, antibiotics, enzymes, vitamins, amino acids. It is counted up, that at present more than 100 states possess capacities for manufacture of the biological weapon. In the given circumstance it is possible to see that fundamental difference KBTO from KHO which, in particular, explains, why a mode of check and the inspection procedures provided in KHO, it is impossible “mechanically * ’ to copy and apply at executing a process-verbal to KBTO. If KHO considers carefully developed technologies, substances and processes which existed during long time (sometimes - from the nineteenth century) and were widespread worldwide mode KBTO should correspond proceeding and to this day to"revolution"in biology.

Thus, the problem consists in innovative research workings out. If such workings out not military establishment their financing manages for the given establishment expensively enough, and spends results of research (including profit on production realisation, received besides in the conditions of a rigid competition) can be realised in some years. Disclosure of a trade secret as a result of inspections can lead to bankruptcy of the enterprise. For example, trading organisation "ÑóÓ«»áí¿«" which represents more than 600 European companies, recognises necessity of a mode of check, but is afraid, that carrying out of inspections on places and sampling can threaten a trade secret.

Recently distribution of infections is considered threat ecological безопасности1. As epidemics do not know national borders, it is possible to consider them as a global problem of the present [LX [LXI]. Importance and necessity of its decision admits all world community.

As occasion to anxiety such factors, as proceeding growth of the population on globe and increase in requirement for food and a crop serve. So, according to the United Nations, the urban population will increase, and in 2025 five million persons, i.e. 60 % of mankind become inhabitants городов1. In the centre on prevention and the control over infectious diseases have found out, that the new pathogenic agent every year is found out. And, scientists mark such dangerous tendency, as increasing stability of bacteria to antibiotics.

Examples of modern epidemics which represent safety threat, are AIDS epidemic in India, a tuberculosis in Southern Africa and a cholera in Peru 2.

It is necessary to notice, that all global problems of the present have transboundary character, and their decision isolated, separately, is impossible. From here struggle against infection distribution as threat of safety demands attention not only on national, but also at the international level.

Certainly, direct application of the biological weapon - much more serious threat of safety, than distribution of infections. However for the decision of both problems the cooperation of the states directed, first, on maintenance of a mode of non-distribution, in - the second, on development of new technologies on struggle against infections and reception of new vaccines for this purpose is necessary. That is why so it is important, that mode KBTO was balanced: the control mechanism should not interfere with the international scientific and technical cooperation of the states in the peace purposes.

The mode of a universal interdiction of the biological weapon, in our opinion, should be strengthened organisation creation on prohibition

’ Linden E The exploding cities of the developing world//Foreign attain. - 1996. - Jan.-Feb. - P. 53.

3 Cm.: Dolin PJ., Raviglionc M.C. TO oh I і A. Global tubericulesis incidence and mortality during 1990 2000 AND Bulletin of the World Health Organization •.4"72. PP. 213-220.

The biological weapon, the similar Organization on prohibition of the chemical weapon. The organisation on prohibition of the biological weapon for effective work should have the budget considering rather high cost of carrying out of regular inspections on a place. Besides, it should possess high degree of political independence. It, on our belief, will provide high efficiency of the international check of observance of positions of the Convention. With a view of maintenance of ecological safety close cooperation of such organisation with others international (for example, about the CART) and the regional organisations (in particular, from OSCE) is obviously necessary. Such institutsionalnoe cooperation should find reflexion in the Convention text.

As a whole it is possible to draw a conclusion that the further perfection of a mode of non-distribution of the biological weapon is provided by such necessary measures, somehow:

- Perfection of the mechanism of the control;

- Organization creation on prohibition of the biological weapon;

- Strengthening international scientific and technical and institutsionalnogo cooperation in considered area.

All these measures should find reflexion at processing of the text of the Convention and acceptance of reports to it.

All aforesaid will give the basis to approve, that in the conditions of the new approach to environmental problems as to the safety problems, existing mode KBTO makes ambiguous impact on maintenance of ecological safety. It should more adequately, flexibly, effectively react on new tendencies in the world.

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A source: Galjametdinova Anna Jurevna. INTERNATIONAL LEGAL ASPECTS of ECOLOGICAL SAFETY. The dissertation on competition of a scientific degree of the master of laws. Kazan -. 2000

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