The Regulation Over Chemical Weapons By Theinternational Law

Rapid developmental trend has been increasingly existing in various social fields nowadays, of which science and technology takes a leading role in particular. Meanwhile, remarkable scientific and technological advance has contributed to the human progress and prosperity in politics, economy, culture, etc. Considering science and technology is the first productive force as well as a double-edged sword, we mankind should view and apply it in a rational and dialectical way. Chemistry technology, one of the most influential and widely-applied science and technology in human social life and production, has also brought various risks that seriously affected the peace and development in human society. No doubt, using it to develop chemical weapons has become one of the most concern-worthy risks,and this risk will affect the survival and development of human beings.Therefore,the international society has produced two distinct attitudes towards chemical technology. On the one hand, it’s generally encouraged to apply chemistry technology to the production and application of the chemical industry for the sake of wholly promoting the sustainable development and progress of national industry and stimulating the state economic boom at large. On the other hand, a joint effort has always been made in a total ban on chemical weapons to welcome a real era of zero chemical weapons. Forbidding chemical weapons is not only explicitly banned by the international laws and regulations but also hopefully obliged to maintain the world peace and development. However, the fact is far from satisfactory. Although most countries have made it clear that they are committed to a total ban on chemical weapons, but some countries’ developing chemical weapons is anything but uncommon and so are the piles of media reports about the news that chemical weapons are abused by extremists to hazard the world.This phenomenon indicates that the forces of chemical weapons in the international community have begun to constantly accumulate and the situation will be out of control if not suppressed accordingly. As for it, it is not only constant sound mechanism of international law but also further enhancement of the implementation of the global society that are both needed. It is still necessary for the whole international community to have a clear mind that the chemical weapons do have disastrous consequences for human and there is strong necessity and importance in keeping strengthening the governance of chemical weapons.Based on all mentioned above, the essay aims at conducting a comprehensive summary and in-depth analysis and research of international legal regulations of chemical weapons and analyzing specifically the issues like the legal status of banning chemical weapons. In order to demonstrate the main structure of the essay more clearly, I’d like to have a brief structural description. In general, it can be divided into five chapters.The beginning chapter focuses mainly on relevant overview of chemical weapons, which covers the definition, characteristics and harm of chemical weapons, etc. The article analyzes the necessity of regulating chemical weapons through setting out the damage they have brought to human society and ecological environment, thus leading to the measures to govern chemical weapons.If the primary target of effectively regulating chemical weapons is to be achieved,multiple-pronged approaches must be adopted.Specific measures include legal, political, economic, and technological channels and its publicity and education, etc. Furthermore, these measures must be made integrated use of so that the best effect can be expected. The analysis about this is mainly from the aspect of legal mechanism, and meanwhile combining international law and domestic law. This chapter serves as the opening curtain of the article and states the basic contents of this essay.The second chapter will concentrate on the regulation of international law to the chemical weapons on the basis of the above,the main points in this chapter are demonstrated from the perspective of international law origin. The basic origin of international law regulation of the chemical weapons is based on the very conclusions, including relevant international treaties and practices. Since the international customary law status of chemical weapons. Since this is structured to state in the third chapter of this article, international habits will share no illustration here then. As a consequence, this chapter will mainly talk about the development of international treaties on the prohibition of chemical weapon, like the early attempt of international law to govern chemical weapons and focus on introducing and analyzing the Geneva Protocol in 1925 and the Convention of Ban on Chemical Weapons in 1997,(the chemical weapons convention is for short in the article to follow).In addition, the shortage of the protocol as well as the significance of the chemical weapons convention will be also the primary analysis in this chapter.The third chapter will discuss whether the bans on chemical weapons can play a legally binding force in the premise of getting rid of the framework of international treaties, namely that bans on chemical weapons can break through the limitations of treaty obligations in whatever legal status as well as have legally binding force on those non-Contracting States. This chapter will therefore demonstrate the legal status of chemical weapons convention chemical weapons mainly, deduce the formation mechanism of the customary laws and mandatory rules on banning chemical weapons, and further explore its binding force. This chapter is set to be the main composition of the whole essay, giving full demonstration of the legal status of forbidding chemical weapons.The fourth chapter is mainly related to the relationship between the chemical weapons convention and some incidental discussion on the issue of the Japanese Abandoned Chemical Weapons(JACW for short hereinafter) in China.both the participation and contribution to the conclusion of the chemical weapons convention and the implementing preparedness and certain action taken are first described. The matter of JACW in China is then talked about, concerning its rooted source and discussing it from the perspective of international law. Despite a sort of incidental but rather essential demonstration, the irreplaceable vigilance role this chapter plays cannot be ignored because China is one of the biggest victims by chemical weapons.The fifth chapter’s part is, as structured, to draw the conclusion of the essay accompanied with genuine wishes. The unprecedentedly continuous development of modern chemical technology makes it possible for the performance of new chemical weapons,compared with the traditional, to produce the incredible mutations and effects in essence, which leads to the increasing pressure of regulating and controlling the chemical weapons, and admittedly encourages the international community to speed up the pace of it. More attention should be hence paid to the fact that regulation of chemical weapons is a long-term and complex systematic cause in that it involves not only the general interests between nations but core interests, such as national security and development. Difficulties and resistance is predictable and inevitable, which requires all the nations across the world to seek common ground while putting aside differences, enhance mutual understanding and accommodation and most importantly, make a joint effort. China, a vast country with tremendous responsibilities in the national rejuvenation and peaceful rise, does have the obligation and capability to play a greater role in regulation of chemical weapons by improving the legal system of the state and participating actively in global cooperation in the process of governing the country by law, hoping to contribute a little to the times free of chemical weapons.