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The Seventh Review Conference of the Biological Weapons Convention in December 2011 provides an opportunity to
modernize the treaty to better address the challenges of the 21st century. The key to this modernization is to redesign the
treatys Confidence-Building Measures (CBMs), the only formal mechanism for increasing transparency and demonstrating compliance with the treaty, to address changes in the global scientific, health, and security environments since the
end of the Cold War. The scope of the CBMs should be expanded beyond state-run biological warfare programs to
encompass a broader array of threats to global security, such as biological terrorism, laboratory accidents, dual-use
research, and disease pandemics. Modernizing the CBM mechanism to take into account these new risks would extend
the transparency-enhancing benefits of CBMs to a range of new and important topics, such as biosafety, laboratory
biosecurity, and dual-use research oversight; make the CBMs and the treaty itself more relevant to the concerns and
priorities of more states; and build on progress made during the recent series of intersessional meetings. To accomplish
this, the CBMs need to be revised to shift their focus from hardware, the dual-use capabilities relevant to the treaty, to
software, the political and legal institutions that govern the development and use of these capabilities. A more modern
CBM mechanism should encourage greater participation in the confidence-building process, improve international
cooperation against the full spectrum of biological risks, and promote the goal of universal membership in the treaty.
Gregory D. Koblentz, PhD, is an Assistant Professor and Deputy Director of the Biodefense Program, Department of Public and
International Affairs, George Mason University, Fairfax, Virginia. Marie Isabelle Chevrier, PhD, is a Professor of Public Policy &
Administration, Rutgers University, Camden, New Jersey.
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guidance to states about the types of activities and implementation measures that are viewed as relevant to the treaty.
Implementation
Beyond the trust-building value of CBMs, deepening the
reporting requirements to include information on how
states are implementing their international commitments is
a key step for devising strategies and policies to improve
such implementation. The importance of having robust
administrative capacity at the national level to follow
through on commitments made at the international level
has long been recognized.22 For managerial regimes that
lack enforcement capabilities (as does the BWC), scholars
studying international environmental treaties have found
that treaties with a system for implementation review can
improve implementation. A system for implementation
review is an institution through which the parties share
information, compare activities, review performance, handle noncompliance, and adjust commitments.23(p3) This
type of system is similar to the accountability framework
proposed by Canada that would provide a mechanism for
state parties to review each others activities to implement
the provisions of the BWC.24,25 The objective of this type
of arrangement is not solely to point out gaps and shortcomings, but to highlight areas that need improvement and
provide guidance or resources to improve implementation.
Establishing an effective accountability framework or
system for implementation review for the BWC will require
a strengthened Implementation Support Unit with the
capacity and authority to take a more active role in the
CBM process. Although the ISU has already made valuable
contributions to the implementation of the treaty, the unit
has a limited mandate, a primarily administrative role, and
only a 3-person staff. Introducing new reporting requirements will create a greater demand from state parties for
substantive support in preparing their declarations. While
individual countries and regional organizations can play a
role in providing such support, the ISU is the logical candidate to shoulder more of that burden. The ISU can also
assist state parties with transforming the data in these revised declarations into useful information. For example, the
ISU could host workshops where states compare their
declarations for specific CBMs to exchange best practices
on laboratory biosecurity or dual-use research oversight or
identify areas of potential collaboration. Finally, the ISU
will need the resources to take advantage of new opportunities to improve global biosecurity by coordinating technical and expert assistance to states that desire to improve
their administrative and regulatory capacity for governing
life sciences, biotechnology, and biodefense activities. The
International Atomic Energy Agency organizes teams of
nuclear experts to assess Nuclear Non-Proliferation Treaty
member states national regulatory infrastructure for nuclear safety and security and provide suggestions for
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Conclusion
The 2011 Review Conference offers a golden opportunity
to update the BWC regime to take into account global
developments in security, science, and public health. States,
academics, and nongovernmental organizations are developing proposals to update the treatys CBMs.29 Simply
making the existing CBMs more user-friendly will not be
sufficient to boost participation in the CBM process or
contribute to the universalization of the treaty. Instead,
revising the CBMs to address the current concerns and
priorities of state parties will strengthen the treaty and enhance international cooperation against all biological risks.
This proposal to modernize the CBMs and strengthen
the ISU would address 3 of the 4 potential reasons why
states dont participate in the current CBM process. Revising the CBMs to address issues of immediate concern to
state parties, such as disease surveillance and laboratory
biosafety and biosecurity, should elevate the priority that
states accord to the CBMs. Empowering the ISU to provide
substantive assistance to states in complying with the CBMs
would reduce the costs of doing so and enable states to gain
a clearer picture of what is expected of them. Modernizing
the CBMs is essential to changing the calculations of states
regarding the costs and benefits of contributing to the information exchanges at the heart of the CBM process.
The CBMs are a politically binding obligation of state
parties. Nevertheless, unless they become more relevant to
the political, scientific, and security changes that have occurred since their inception, they risk becoming a relic of
the Cold War. The state parties to the BWC have the
responsibility to ensure that the CBMs once again become
meaningful and live up to their billing as measures that
build confidence in states compliance with the prohibitions contained in the treaty.