United Nations Security Council Resolution 1540
Encyclopedia
United Nations
Security Council Resolution
1540 was adopted unanimously on April 28, 2004 regarding the non-proliferation of weapons of mass destruction
. The resolution establishes the obligations under Chapter VII of the United Nations Charter for all Member States to develop and enforce appropriate legal and regulatory measures against the proliferation of chemical, biological, radiological, and nuclear weapons and their means of delivery, in particular, to prevent the spread of weapons of mass destruction to non-state actors.
It is notable in that it recognizes non-state proliferation as a threat to the peace under the terms of Chapter VII of the United Nations Charter
, and creates an obligation for states to modify their internal legislation.
Furthermore, the resolution requires every state to criminalize various forms of non-state actor involvement in weapons of mass destruction and its related activities in its domestic legislation and, once in place, to enforce such legislation.
By virtue of its universal scope and mandatory nature, resolution 1540 marks a departure from previous nonproliferation arrangements and adds a novel layer to the nonproliferation regime. Before the resolution was adopted, the non-proliferation regime was based on many partly overlapping arrangements, none of which established universal mandatory obligations.
, which was covers "threats to the peace, breaches of the peace, and acts of aggression." The resolution itself states in its opening paragraph: “proliferation of nuclear, chemical and biological weapons, as well as their means of delivery, constitutes a threat to international peace and security”. Even though the Security Council had already recognized the proliferation of WMD as a threat to international peace and security in the UNSC Presidential Statement
on January 31, 1992, it took the Council until 2004 to adopt such a decisive resolution.
1540 is only the second resolution to invoke Chapter VII without relating the fact to a specific time and place, the first being United Nations Security Council Resolution 1373
, which was voted in the aftermath of the September 11 attacks as an attempt to counter international terrorism
. The possibility of terrorists accessing WMD
was already considered in Resolution 1373 paragraph 3a and 4, and UNSCR 1540 emerged from those two paragraphs.
The three main obligations created by the resolution are:
The resolution also emphasises the continuing importance of non-proliferation
and disarmament
agreements, and provides for the creation of a committee (the 1540 Committee) to oversee the implementation of the resolution. States are called upon to provide reports to the 1540 Committee on their current situation and future plans vis-à-vis the obligations laid out in the resolution within six months of the adoption of the resolution, though in reality many states took much longer.
The 1540 Committee was deliberately created without the power to impose sanctions. While the resolution is, in theory, obligatory for all members of the UN, it was decided that the implementation process should be based on collaboration and participation rather than enforcement. To further these ends, one of the main functions of the Committee has been as a "clearing house" of offers and requests for assistance in fulfilling obligations created by the resolution.
(2011), adopted in April 2011. The committee presented a second report in July 2008. As requested in Resolution 1810 (2008), the committee held an open meeting in 2009 with broad participation in order to prepare a comprehensive review of the status of the implementation of Resolution 1540. Its current chair (for 2011) is South Africa
.
, Central African Republic
, Chad
, Comoros
, Congo (Republic of), Côte d’Ivoire, Democratic People’s Republic of Korea, Equatorial Guinea
, Ethiopia
, Gabon
, Gambia, Guinea
, Guinea Bissau, Haiti
, Lesotho
, Liberia
, Malawi
, Mali
, Mauritania
, Mozambique
, Rwanda
, Sao Tome and Principe
, Solomon Islands
, Somalia
, Swaziland
, Timor-Leste, Togo
, Zambia
, Zimbabwe
) yet to submit their reports on the implementation of the resolution 1540.
proliferation network but also with the aim of preventing the acquisition of chemical, biological, radiological, and nuclear weapons by terrorist groups.
Resolution 1540 is a notable development both in that it explicitly recognises non-state proliferation
of weapons of mass destruction
as a threat to peace and security in and of itself and in that it obliges member states to make internal legislative changes. Previous non-proliferation agreements all took the form of multilateral accords such as the Nuclear Non-proliferation Treaty
or cooperation mechanisms such as the Proliferation Security Initiative
, based on the consent of the parties. Resolution 1540, on the other hand, is obligatory for all UN members, whether of not they support its aims.
The resolution was sponsored by the United States
, with the Philippines
, Spain
and France
(which joined at the last minute) as co-sponsors. Negotiations leading up to the vote of resolution 1540 were officially open only to UN Security Council members, but information on the early drafts circulated with relative freedom and input from other states and NGOs was solicited due to the political sensitivity of the issues involved. Special attention was paid to the principal non-aligned states in order to put pressure on Pakistan
, at the time a member of the Security Council, to fall in line with the majority opinion. The G8
was also included in the process, this being a means of including Japan
in the negotiations. The drafting process was notable for the level of participation by NGOs that it involved. A grassroots
mobilisation was organised by, among others, the Women’s International League for Peace and Freedom, Abolition 2000 and the Lawyers’ Committee on Nuclear Policy, demanding that the draft resolution be debated in an open session of the Security Council.
The resolution was voted unanimously by the permanent members of the Security Council, plus the 10 non-permanent members at the time: Algeria
, Benin
, Angola
, the Philippines
, Pakistan
, Brazil
, Chile
, Germany
, Spain
and Romania
. The entire process, from the beginning of negotiations among the co-sponsors to the final vote took around 8 months.
Despite the unanimity of the vote it is worth noting that several Security Council members expressed reserves in their accompanying statements. Representing Pakistan
, Munir Akram
insisted that, “Pakistan shared the view expressed in the Council’s open debate that the Council could not legislate for the world, he said. The Council could not assume the stewardship of global non-proliferation
and disarmament
issues. Composed of 15 States, it was not a representative body. It could not enforce the obligations assumed by five of its members which retained nuclear weapon
s since they also possessed the right of veto
.” He added that “Pakistan had been obliged to develop nuclear weapons and related delivery systems to maintain credible minimum deterrence against external aggression, especially once similar capabilities had been developed and demonstrated by its eastern neighbour. The nuclear non-proliferation regime needed to accommodate the reality of the existence of nuclear weapons in South Asia
. Given that reality, Pakistan
would not accept any demand for access, much less inspections, of its nuclear and strategic assets, materials and facilities, he said. It would not share technical, military or political information that would negatively affect its national security
programmes or its national interests. Pakistan would continue to develop its nuclear, missiles and related strategic capability to maintain the minimum credible deterrence vis-à-vis its eastern neighbour, which was embarked on major programmes for nuclear weapon
s, missiles, anti-missiles and conventional arms acquisition and development.”
India
also stated its concern over the apparent interference in internal legislation by the Security Council: "We are concerned that the exercise of legislative functions by the Council, combined with recourse to Chapter VII mandates, could disrupt the balance of power between the General Assembly and the Security Council, as enshrined in the Charter."
Speaking for Brasil, Ronaldo Mota Sardenberg
brought up the question of disarmament
, which had been a concern of many non-aligned movement
countries throughout the negotiation process and before, given the inegalitarian regime created by instruments such as the Nuclear Non-Proliferation Treaty
.
Equally, the early drafts of the resolution contained explicit references to the Proliferation Security Initiative
which were removed at the request of China, which remains opposed to the scheme, alleging that it violates the UN Convention on the Law of the Sea.
of nuclear, biological or chemical weapons” (Article 8a) and to “fulfil their commitment to multilateral cooperation, in particular within the framework of the International Atomic Energy Agency
, the Organisation for the Prohibition of Chemical Weapons
, and the Biological and Toxin Weapons Convention” (Article 8c).
Although the resolution encourages and promotes universal WMD
treaty implementation, states not yet a party retain their prerogative not to sign these treaties. The focus of Resolution 1540 is not the treaties per se but the resulting national legislation and regulations that allow to take action against non-state actors. States will have gone a long way toward complying with the resolution if they have already ratified the three main WMD
treaties, but the reverse is also true. If States put the required national legislation in place to comply with UNSCR 1540, then becoming state party of and complying with the CWC
and the BTWC will not demand much additional effort. In this way the resolution also contributes to treaty universality.
Resolution 1540 tries to fill gaps in the varying approaches of existing instruments.
First of all, the resolution is universal unlike the three main WMD
treaties.
Whereas the three main WMD treaties, the Non-Proliferation Treaty, the Chemical Weapons Convention
and the Biological and Toxin Weapons Convention are first and foremost applicable to states, the resolution focuses on non-state actors. Because individuals are not subject to international law
, states are required to ensure a national legal framework of laws, regulations and controls.
Third, unlike the IAEA to the NPT
and the OPCW to the CWC
, there exists no such organization to the BTWC.
Similarly, for the means of delivery, there only exists a regime so these delivery systems are not the subject of legally binding non-proliferation
treaties. Resolution 1540 explicitly integrates proliferation concerns about these means.
The resolution goes beyond the three main non-proliferation
treaties and specifies in article 2 and 3 the additional measures required concerning financial, security, and physical protection of sensitive materials and also border and export controls.
Lastly, the Resolution, adopted under Chapter VII of the United Nations Charter
, requires enforcement. This emphasizes the role states are expected to play to pre-empt proliferation
(article 10), because it hints at the possibility of sanctions
in case of non-compliance. It also tries to address the enforcement weakness in the treaties and export control regimes.
and the IAEA. The IAEA has activities and programs that are relevant to the implementation of the resolution 1540 such as legislative assistance, training of state officials, support to states in the development and implementation of physical protection of nuclear material and facilities and support to states to upgrade border controls in order to better detect illicit trafficking of nuclear material
and related technology. The 1540 Committee can inform states about requesting legislative and technical assistance and advisory services from the IAEA. The IAEA does not only cover nuclear material
but also radioactive material, the latter is of special interest to non-state actors, because it would be easier to obtain. Another useful tool provided by the IAEA is their illicit trafficking database.
and its mandated organization the OPCW face new challenges in a changing international WMD context which Resolution 1540 aims to remedy. An important obligation of the CWC
is the adoption of appropriate national implementing legislation, but even after the adoption of an action plan by the OPCW to encourage state parties to rectify this situation, many states parties fail to meet this obligation. Comprehensive national implementing legislation is not only necessary to fully meet the obligations to the CWC
, but it is vital in preventing non-state actors from gaining access to chemical weapons and UNSCR 1540 has rendered it a mandatory requirement. Although the CWC
has an effective verification regime by international inspectors of the OPCW, this may not always be the case when faced with non-state actors if there exists no national legislation that grants easy access to private residences. The resolution also addresses the question of “related materials”. Its definition includes chemicals and equipment covered by multilateral arrangements and national control lists such as the Australia Group
, the Proliferation Security Initiative
and the EU’s strategy against the proliferation of WMD, and is thus much broader than the three schedules of chemicals in the Annex of the CWC
. In addition non-state actors can already cause serious damage with amounts that are far below those that are considered militarily significant and states should consider this in their actions to counteract the preparation or use of chemical weapons by those actors.
and verification
regime. There exists a modest consultative compliance mechanism, but negotiations to establish an international organization for the prohibition of biological weapons to oversee implementation and conduct monitoring and verification have broken down in 2001. The lack of transparency make it difficult to assess the status and effectiveness of states parties’ measures to implement and comply with the BTWC. UNSCR 1540 has established a monitoring system based on states’ declarations on implementation through the reports provided to the 1540 Committee. The resolution does not provide a compliance regime, but rather favors cooperative efforts since non-compliance can be caused by lack of awareness or capacity. But if states persist in their non-compliance despite assistance, then the Committee will report this to the UNSC. Resolution 1540 also fulfills a function compliance role since it requires BTWC states parties to review their compliance with its obligations while they can use the more detailed criteria for national implementation in the resolution.
. Up to the adoption of the resolution export control measures related to means of delivery had not been discussed widely in the international community. The MTCR is an informal and voluntary association that aims to control the proliferation of rockets and unmanned air vehicle systems. Resolution 1540 requires as one of the measures that states states maintain effective export controls and although every country can implement the arrangements according to its national legislation, this legislation is now mandatory. Since the principal focus of the resolution are non-state actors, means of delivery are expected to be less sophisticated means. The risk of non-state actors obtaining sophisticated ballistic or cruise missile
technologies continues to exist and the Resolution will have to take into account the dual-use technologies in its implementation so as not to effect legitimate peaceful commercial uses and industrial research.
), despite the longstanding opposition of two of the principal powers of the region, Brazil
and Argentina
, to the Nuclear Non-proliferation Treaty
, due to its perceived discriminatory nature.
While Colombia
is the only state in the region to have fully accepted the United States vision of the war on terror
, most states in the region already have anti-terrorism measures in place, usually in conjunction with policies designed to fight organised crime, which is the main local threat (for example, the 3+1 Group, the Inter-American Convention Against Terrorism
, the Declaration of San Carlos).
All of the states in the region have already presented their compliance reports to the 1540 Committee. Many of them have, however, fulfilled only a minor part of their obligations under the resolution; Chile
, Panama
, Peru
and Venezuela
being among those with the worst records. Colombia has also requested detection equipment and assistance in training its law enforcement personnel in the detection and prosecution of proliferation offenses, while Argentina
and Brazil
have provided offers of assistance.
, as a “one size fits all” approach to the question and for being far too demanding in terms of resources for small countries to implement correctly.
Among the states of the region, Taiwan
(which is not a UN member), the Cook Islands
and Niue
(which are treated as permanent observers rather than members of the UN due to their links with New Zealand), North Korea
, Burma, East Timor
and the Solomon Islands
have yet to present reports to the 1540 Committee. Many of the states in Oceania have had difficulties fulfilling their obligations under the resolution due to their small size and lack of resources. For example, Kiribati
has asked for assistance in adapting its legislative framework and Vanuatu
has asked for additional police training
Armenia
, Cambodia
, Iraq
, Lebanon
, the Marshall Islands
, Mongolia
, the Philippines
, Qatar
, Syria
, Thailand
and Uzbekistan
all currently have requests for assistance pending, while Australia
, China
, India
, Israel
, Japan
, Malaysia, New Zealand
, Pakistan
, South Korea
, and Singapore
have all presented offers of assistance to the Committee.
Many states in the region are also involved in other local non-proliferation
and counter-terrorism
initiatives, such as the Bali Counter-Terrorism Process and the BTWC Regional Workshops.
Asia] has been the source of most recent proliferation activities, notably in India
and Pakistan
, Israel
, Iran
and North Korea
, and those involving the A. Q. Khan network.
threat, the numerous zones of lawlessness on the continent make it a useful hub for various clandestine activities, notably drug and people trafficking. However, certain countries, notably Libya
and Egypt
(nuclear) and the Democractic Republic of the Congo (chemical/biological) have been or are suspected of being involved in proliferation.
Africa also has the highest proportion of states not yet having presented their compliance reports to the 1540 committee: Botswana
, Burundi
, Cape Verde
, the Central African Republic
, Chad
, the Comoros
, the Republic of the Congo
, Equatorial Guinea
, Ethiopia
, Gabon
, Gambia, Guinea
, Guinea-Bissau
, Lesotho
, Liberia
, Malawi
, Mali
, Mauritania
, Mozambique
, Rwanda
, São Tomé and Príncipe
, Somalia
, Swaziland
, Tanzania
, Togo
, Zambia
and Zimbabwe
.
This has largely been attributed to a lack of resources, and the existence of more pressing problems such as AIDS
, small arms proliferation
and conflict, but certain members of the non-aligned movement have also raised concerns over the possible impact of the resolution on national sovereignty.
Angola
, Benin
, Côte d'Ivoire
, Madagascar
and Morocco
have all presented requests for assistance in fulfilling their 1540 obligations to the Committee, with South Africa
providing an offer of help.
has integrated a non-proliferation
clause into its common foreign and security policy
, requiring that its trading partners take steps to “sign, ratify or accede to, as appropriate, and fully implement all (…) relevant international instruments” relating to nuclear, chemical and biological weapons”. This clause has, however, been a stumbling block in negotiations with India
and Syria
.
The only European countries yet to present their reports to the 1540 committee are Macedonia
, Moldova
and the Vatican City
(which remains merely an observer state at the UN), though it must be noted that many ex-Soviet states lack the effective border controls needed to prevent proliferation while still possessing nuclear, chemical or biological materials. Albania
, Lithuania
, Montenegro
and Serbia
have requested assistance in fulfilling their obligations under the resolution, whereas a majority of European states have provided offers of help: Austria
, Belarus
, Bulgaria
, the Czech Republic
, Denmark
, Estonia
, Finland
, France
, Germany
, Greece
, Hungary
, Ireland
, Italy
, Liechtenstein
, Lithuania
, Luxembourg
, Malta
, the Netherlands
, Norway
, Poland
, Portugal
, Romania
, the Russian Federation, Slovakia
, Slovenia
, Spain
, Sweden
and the United Kingdom
.
All North American states except Haiti
and St Lucia have presented their reports on 1540 compliance to the UN. The Bahamas
, Belize
, CARICOM and Guatemala
have requested assistance in implementing the resolution while Canada
, Cuba
and the United States have offered help.
have criticised resolution 1540 for being cumbersome and ill-adapted to their situations, an attempt by the US to co-opt others into its war on terror, interference by the UN in states’ national sovereignty and a drain on resources that could better be used on problems that are of more direct local relevance.
Supporters of the resolution have underlined the function of the 1540 committee as a clearing house for offers of and requests for assistance in implementing the resolution, and pointed out that improved border controls and legislative framework will be of a more general benefit to all countries that implement them.
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
Security Council Resolution
United Nations Security Council Resolution
A United Nations Security Council resolution is a UN resolution adopted by the fifteen members of the Security Council; the UN body charged with "primary responsibility for the maintenance of international peace and security"....
1540 was adopted unanimously on April 28, 2004 regarding the non-proliferation of weapons of mass destruction
Weapons of mass destruction
A weapon of mass destruction is a weapon that can kill and bring significant harm to a large number of humans and/or cause great damage to man-made structures , natural structures , or the biosphere in general...
. The resolution establishes the obligations under Chapter VII of the United Nations Charter for all Member States to develop and enforce appropriate legal and regulatory measures against the proliferation of chemical, biological, radiological, and nuclear weapons and their means of delivery, in particular, to prevent the spread of weapons of mass destruction to non-state actors.
It is notable in that it recognizes non-state proliferation as a threat to the peace under the terms of Chapter VII of the United Nations Charter
Chapter VII of the United Nations Charter
Chapter VII of the United Nations Charter sets out the UN Security Council's powers to maintain peace. It allows the Council to "determine the existence of any threat to the peace, breach of the peace, or act of aggression" and to take military and nonmilitary action to "restore international peace...
, and creates an obligation for states to modify their internal legislation.
Furthermore, the resolution requires every state to criminalize various forms of non-state actor involvement in weapons of mass destruction and its related activities in its domestic legislation and, once in place, to enforce such legislation.
By virtue of its universal scope and mandatory nature, resolution 1540 marks a departure from previous nonproliferation arrangements and adds a novel layer to the nonproliferation regime. Before the resolution was adopted, the non-proliferation regime was based on many partly overlapping arrangements, none of which established universal mandatory obligations.
Content
Resolution 1540 was adopted under Chapter VII of the United Nations CharterChapter VII of the United Nations Charter
Chapter VII of the United Nations Charter sets out the UN Security Council's powers to maintain peace. It allows the Council to "determine the existence of any threat to the peace, breach of the peace, or act of aggression" and to take military and nonmilitary action to "restore international peace...
, which was covers "threats to the peace, breaches of the peace, and acts of aggression." The resolution itself states in its opening paragraph: “proliferation of nuclear, chemical and biological weapons, as well as their means of delivery, constitutes a threat to international peace and security”. Even though the Security Council had already recognized the proliferation of WMD as a threat to international peace and security in the UNSC Presidential Statement
Presidential Statement
A Presidential Statement is often created when the United Nations Security Council cannot reach consensus or are prevented from passing a resolution by a permanent member's veto, or threat thereof...
on January 31, 1992, it took the Council until 2004 to adopt such a decisive resolution.
1540 is only the second resolution to invoke Chapter VII without relating the fact to a specific time and place, the first being United Nations Security Council Resolution 1373
United Nations Security Council Resolution 1373
United Nations Security Council Resolution 1373, adopted unanimously on September 28, 2001, is a counter-terrorism measure passed following the September 11 terrorist attacks on the United States...
, which was voted in the aftermath of the September 11 attacks as an attempt to counter international terrorism
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
. The possibility of terrorists accessing WMD
WMD
WMD may refer to:* Weapon of mass destruction, a term used to describe munitions with the capacity to kill large numbers of human beings indiscriminately* Weighted mean difference, a measure in statistical meta-analysis...
was already considered in Resolution 1373 paragraph 3a and 4, and UNSCR 1540 emerged from those two paragraphs.
The three main obligations created by the resolution are:
- To “refrain from providing any form of support to non-State actors that attempt to develop, acquire, manufacture, possess, transport, transfer or use nuclear, chemical or biological weapons and their means of delivery.” (Article 1)
- 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”. (Article 2)
- To “take and enforce effective measures to establish domestic controls to prevent the proliferation of nuclear, chemical, or biological weapons and their means of delivery”. (Article 3)
The resolution also emphasises the continuing importance of non-proliferation
Proliferation
Proliferation may refer to:*Nuclear proliferation*Chemical weapon proliferation*Cell proliferation* The proliferative phase of wound healing...
and disarmament
Disarmament
Disarmament is the act of reducing, limiting, or abolishing weapons. Disarmament generally refers to a country's military or specific type of weaponry. Disarmament is often taken to mean total elimination of weapons of mass destruction, such as nuclear arms...
agreements, and provides for the creation of a committee (the 1540 Committee) to oversee the implementation of the resolution. States are called upon to provide reports to the 1540 Committee on their current situation and future plans vis-à-vis the obligations laid out in the resolution within six months of the adoption of the resolution, though in reality many states took much longer.
The 1540 Committee was deliberately created without the power to impose sanctions. While the resolution is, in theory, obligatory for all members of the UN, it was decided that the implementation process should be based on collaboration and participation rather than enforcement. To further these ends, one of the main functions of the Committee has been as a "clearing house" of offers and requests for assistance in fulfilling obligations created by the resolution.
1540 committee
An ad-hoc committee (known as 1540 committee) for an initial mandate of 2 years under the Security Council charging the examination on the implementation of this resolution was established under paragraph 4 of the resolution. The committee released its first report to the Security Council on implementation of the resolution in April 2006. With the adoptions of Resolution 1673 (2006) and later Resolution 1810 (2008), its mandate was extended for a further two years and then another period of three years. Its mandate was extended for a further ten years by Resolution 1977United Nations Security Council Resolution 1977
United Nations Security Council Resolution 1977, adopted unanimously on April 20, 2011, after recalling resolutions 1540 , 1673 and 1810 concerning non-proliferation, the Council extended the mandate of the committee established in Resolution 1540 to monitor efforts to prevent weapons of mass...
(2011), adopted in April 2011. The committee presented a second report in July 2008. As requested in Resolution 1810 (2008), the committee held an open meeting in 2009 with broad participation in order to prepare a comprehensive review of the status of the implementation of Resolution 1540. Its current chair (for 2011) is South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
.
National implementation
The resolution calls upon all States to present to the 1540 Committee a first report, not later than six month from the adoption of the resolution 1540 (28 October 2004), on steps they have taken or intend to take to implement the provisions of operative paragraphs 1, 2 and 3 of the resolution. All Member States are also called upon to include in their national reports, as appropriate, information relating to the implementation of operative paragraphs 6,7,8, 9 and 10 of the resolution. They are also encouraged to prepare on a voluntary basis summary action plans mapping out their priorities and plans for implementing the key provisions of resolution 1540 (2004), and to submit those plans to the 1540 Committee. However, only 161 states have submitted their reports to date . The resolution 1810 (2008) calls upon all States that have not yet presented a first report to as required in the resolution 1540 to submit it to the 1540 Committee without delay. As of May 2010 there were still 29 states (Cape VerdeCape Verde
The Republic of Cape Verde is an island country, spanning an archipelago of 10 islands located in the central Atlantic Ocean, 570 kilometres off the coast of Western Africa...
, Central African Republic
Central African Republic
The Central African Republic , is a landlocked country in Central Africa. It borders Chad in the north, Sudan in the north east, South Sudan in the east, the Democratic Republic of the Congo and the Republic of the Congo in the south, and Cameroon in the west. The CAR covers a land area of about ,...
, Chad
Chad
Chad , officially known as the Republic of Chad, is a landlocked country in Central Africa. It is bordered by Libya to the north, Sudan to the east, the Central African Republic to the south, Cameroon and Nigeria to the southwest, and Niger to the west...
, Comoros
Comoros
The Comoros , officially the Union of the Comoros is an archipelago island nation in the Indian Ocean, located off the eastern coast of Africa, on the northern end of the Mozambique Channel, between northeastern Mozambique and northwestern Madagascar...
, Congo (Republic of), Côte d’Ivoire, Democratic People’s Republic of Korea, Equatorial Guinea
Equatorial Guinea
Equatorial Guinea, officially the Republic of Equatorial Guinea where the capital Malabo is situated.Annobón is the southernmost island of Equatorial Guinea and is situated just south of the equator. Bioko island is the northernmost point of Equatorial Guinea. Between the two islands and to the...
, Ethiopia
Ethiopia
Ethiopia , officially known as the Federal Democratic Republic of Ethiopia, is a country located in the Horn of Africa. It is the second-most populous nation in Africa, with over 82 million inhabitants, and the tenth-largest by area, occupying 1,100,000 km2...
, Gabon
Gabon
Gabon , officially the Gabonese Republic is a state in west central Africa sharing borders with Equatorial Guinea to the northwest, Cameroon to the north, and with the Republic of the Congo curving around the east and south. The Gulf of Guinea, an arm of the Atlantic Ocean is to the west...
, Gambia, Guinea
Guinea
Guinea , officially the Republic of Guinea , is a country in West Africa. Formerly known as French Guinea , it is today sometimes called Guinea-Conakry to distinguish it from its neighbour Guinea-Bissau. Guinea is divided into eight administrative regions and subdivided into thirty-three prefectures...
, Guinea Bissau, Haiti
Haiti
Haiti , officially the Republic of Haiti , is a Caribbean country. It occupies the western, smaller portion of the island of Hispaniola, in the Greater Antillean archipelago, which it shares with the Dominican Republic. Ayiti was the indigenous Taíno or Amerindian name for the island...
, Lesotho
Lesotho
Lesotho , officially the Kingdom of Lesotho, is a landlocked country and enclave, surrounded by the Republic of South Africa. It is just over in size with a population of approximately 2,067,000. Its capital and largest city is Maseru. Lesotho is a member of the Commonwealth of Nations. The name...
, Liberia
Liberia
Liberia , officially the Republic of Liberia, is a country in West Africa. It is bordered by Sierra Leone on the west, Guinea on the north and Côte d'Ivoire on the east. Liberia's coastline is composed of mostly mangrove forests while the more sparsely populated inland consists of forests that open...
, Malawi
Malawi
The Republic of Malawi is a landlocked country in southeast Africa that was formerly known as Nyasaland. It is bordered by Zambia to the northwest, Tanzania to the northeast, and Mozambique on the east, south and west. The country is separated from Tanzania and Mozambique by Lake Malawi. Its size...
, Mali
Mali
Mali , officially the Republic of Mali , is a landlocked country in Western Africa. Mali borders Algeria on the north, Niger on the east, Burkina Faso and the Côte d'Ivoire on the south, Guinea on the south-west, and Senegal and Mauritania on the west. Its size is just over 1,240,000 km² with...
, Mauritania
Mauritania
Mauritania is a country in the Maghreb and West Africa. It is bordered by the Atlantic Ocean in the west, by Western Sahara in the north, by Algeria in the northeast, by Mali in the east and southeast, and by Senegal in the southwest...
, Mozambique
Mozambique
Mozambique, officially the Republic of Mozambique , is a country in southeastern Africa bordered by the Indian Ocean to the east, Tanzania to the north, Malawi and Zambia to the northwest, Zimbabwe to the west and Swaziland and South Africa to the southwest...
, Rwanda
Rwanda
Rwanda or , officially the Republic of Rwanda , is a country in central and eastern Africa with a population of approximately 11.4 million . Rwanda is located a few degrees south of the Equator, and is bordered by Uganda, Tanzania, Burundi and the Democratic Republic of the Congo...
, Sao Tome and Principe
São Tomé and Príncipe
São Tomé and Príncipe, officially the Democratic Republic of São Tomé and Príncipe, is a Portuguese-speaking island nation in the Gulf of Guinea, off the western equatorial coast of Central Africa. It consists of two islands: São Tomé and Príncipe, located about apart and about , respectively, off...
, Solomon Islands
Solomon Islands
Solomon Islands is a sovereign state in Oceania, east of Papua New Guinea, consisting of nearly one thousand islands. It covers a land mass of . The capital, Honiara, is located on the island of Guadalcanal...
, Somalia
Somalia
Somalia , officially the Somali Republic and formerly known as the Somali Democratic Republic under Socialist rule, is a country located in the Horn of Africa. Since the outbreak of the Somali Civil War in 1991 there has been no central government control over most of the country's territory...
, Swaziland
Swaziland
Swaziland, officially the Kingdom of Swaziland , and sometimes called Ngwane or Swatini, is a landlocked country in Southern Africa, bordered to the north, south and west by South Africa, and to the east by Mozambique...
, Timor-Leste, Togo
Togo
Togo, officially the Togolese Republic , is a country in West Africa bordered by Ghana to the west, Benin to the east and Burkina Faso to the north. It extends south to the Gulf of Guinea, on which the capital Lomé is located. Togo covers an area of approximately with a population of approximately...
, Zambia
Zambia
Zambia , officially the Republic of Zambia, is a landlocked country in Southern Africa. The neighbouring countries are the Democratic Republic of the Congo to the north, Tanzania to the north-east, Malawi to the east, Mozambique, Zimbabwe, Botswana and Namibia to the south, and Angola to the west....
, Zimbabwe
Zimbabwe
Zimbabwe is a landlocked country located in the southern part of the African continent, between the Zambezi and Limpopo rivers. It is bordered by South Africa to the south, Botswana to the southwest, Zambia and a tip of Namibia to the northwest and Mozambique to the east. Zimbabwe has three...
) yet to submit their reports on the implementation of the resolution 1540.
Negotiations and vote
Resolution 1540 was adopted by the UN Security Council in response to the unmasking of the Abdul Qadeer KhanAbdul Qadeer Khan
Abdul Qadeer Khan , also known in Pakistan as Mohsin-e-Pakistan , D.Eng, Sc.D, HI, NI , FPAS; more widely known as Dr. A. Q...
proliferation network but also with the aim of preventing the acquisition of chemical, biological, radiological, and nuclear weapons by terrorist groups.
Resolution 1540 is a notable development both in that it explicitly recognises non-state proliferation
Proliferation
Proliferation may refer to:*Nuclear proliferation*Chemical weapon proliferation*Cell proliferation* The proliferative phase of wound healing...
of weapons of mass destruction
Weapons of mass destruction
A weapon of mass destruction is a weapon that can kill and bring significant harm to a large number of humans and/or cause great damage to man-made structures , natural structures , or the biosphere in general...
as a threat to peace and security in and of itself and in that it obliges member states to make internal legislative changes. Previous non-proliferation agreements all took the form of multilateral accords such as the Nuclear Non-proliferation Treaty
Nuclear Non-Proliferation Treaty
The Treaty on the Non-Proliferation of Nuclear Weapons, commonly known as the Non-Proliferation Treaty or NPT, is a landmark international treaty whose objective is to prevent the spread of nuclear weapons and weapons technology, to promote cooperation in the peaceful uses of nuclear energy and to...
or cooperation mechanisms such as the Proliferation Security Initiative
Proliferation Security Initiative
The Proliferation Security Initiative is a global effort that aims to stop trafficking of weapons of mass destruction , their delivery systems, and related materials to and from states and non-state actors of proliferation concern. Launched by United States President George W...
, based on the consent of the parties. Resolution 1540, on the other hand, is obligatory for all UN members, whether of not they support its aims.
The resolution was sponsored by the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, with the Philippines
Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
, Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
and France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
(which joined at the last minute) as co-sponsors. Negotiations leading up to the vote of resolution 1540 were officially open only to UN Security Council members, but information on the early drafts circulated with relative freedom and input from other states and NGOs was solicited due to the political sensitivity of the issues involved. Special attention was paid to the principal non-aligned states in order to put pressure on Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
, at the time a member of the Security Council, to fall in line with the majority opinion. The G8
G8
The Group of Eight is a forum, created by France in 1975, for the governments of seven major economies: Canada, France, Germany, Italy, Japan, the United Kingdom, and the United States. In 1997, the group added Russia, thus becoming the G8...
was also included in the process, this being a means of including Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
in the negotiations. The drafting process was notable for the level of participation by NGOs that it involved. A grassroots
Grassroots
A grassroots movement is one driven by the politics of a community. The term implies that the creation of the movement and the group supporting it are natural and spontaneous, highlighting the differences between this and a movement that is orchestrated by traditional power structures...
mobilisation was organised by, among others, the Women’s International League for Peace and Freedom, Abolition 2000 and the Lawyers’ Committee on Nuclear Policy, demanding that the draft resolution be debated in an open session of the Security Council.
The resolution was voted unanimously by the permanent members of the Security Council, plus the 10 non-permanent members at the time: Algeria
Algeria
Algeria , officially the People's Democratic Republic of Algeria , also formally referred to as the Democratic and Popular Republic of Algeria, is a country in the Maghreb region of Northwest Africa with Algiers as its capital.In terms of land area, it is the largest country in Africa and the Arab...
, Benin
Benin
Benin , officially the Republic of Benin, is a country in West Africa. It borders Togo to the west, Nigeria to the east and Burkina Faso and Niger to the north. Its small southern coastline on the Bight of Benin is where a majority of the population is located...
, Angola
Angola
Angola, officially the Republic of Angola , is a country in south-central Africa bordered by Namibia on the south, the Democratic Republic of the Congo on the north, and Zambia on the east; its west coast is on the Atlantic Ocean with Luanda as its capital city...
, the Philippines
Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
, Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
, Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
, Chile
Chile
Chile ,officially the Republic of Chile , is a country in South America occupying a long, narrow coastal strip between the Andes mountains to the east and the Pacific Ocean to the west. It borders Peru to the north, Bolivia to the northeast, Argentina to the east, and the Drake Passage in the far...
, Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
and Romania
Romania
Romania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...
. The entire process, from the beginning of negotiations among the co-sponsors to the final vote took around 8 months.
Despite the unanimity of the vote it is worth noting that several Security Council members expressed reserves in their accompanying statements. Representing Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
, Munir Akram
Munir Akram
Munir Akram, HQA was Pakistan Ambassador to the United Nations from 2002 to 2008. Following a regime change in 2008, Ambassador Akram stepped down to pursue a career in the private sector...
insisted that, “Pakistan shared the view expressed in the Council’s open debate that the Council could not legislate for the world, he said. The Council could not assume the stewardship of global non-proliferation
Proliferation
Proliferation may refer to:*Nuclear proliferation*Chemical weapon proliferation*Cell proliferation* The proliferative phase of wound healing...
and disarmament
Disarmament
Disarmament is the act of reducing, limiting, or abolishing weapons. Disarmament generally refers to a country's military or specific type of weaponry. Disarmament is often taken to mean total elimination of weapons of mass destruction, such as nuclear arms...
issues. Composed of 15 States, it was not a representative body. It could not enforce the obligations assumed by five of its members which retained nuclear weapon
Nuclear weapon
A nuclear weapon is an explosive device that derives its destructive force from nuclear reactions, either fission or a combination of fission and fusion. Both reactions release vast quantities of energy from relatively small amounts of matter. The first fission bomb test released the same amount...
s since they also possessed the right of veto
Veto
A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...
.” He added that “Pakistan had been obliged to develop nuclear weapons and related delivery systems to maintain credible minimum deterrence against external aggression, especially once similar capabilities had been developed and demonstrated by its eastern neighbour. The nuclear non-proliferation regime needed to accommodate the reality of the existence of nuclear weapons in South Asia
South Asia
South Asia, also known as Southern Asia, is the southern region of the Asian continent, which comprises the sub-Himalayan countries and, for some authorities , also includes the adjoining countries to the west and the east...
. Given that reality, Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
would not accept any demand for access, much less inspections, of its nuclear and strategic assets, materials and facilities, he said. It would not share technical, military or political information that would negatively affect its national security
National security
National security is the requirement to maintain the survival of the state through the use of economic, diplomacy, power projection and political power. The concept developed mostly in the United States of America after World War II...
programmes or its national interests. Pakistan would continue to develop its nuclear, missiles and related strategic capability to maintain the minimum credible deterrence vis-à-vis its eastern neighbour, which was embarked on major programmes for nuclear weapon
Nuclear weapon
A nuclear weapon is an explosive device that derives its destructive force from nuclear reactions, either fission or a combination of fission and fusion. Both reactions release vast quantities of energy from relatively small amounts of matter. The first fission bomb test released the same amount...
s, missiles, anti-missiles and conventional arms acquisition and development.”
India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
also stated its concern over the apparent interference in internal legislation by the Security Council: "We are concerned that the exercise of legislative functions by the Council, combined with recourse to Chapter VII mandates, could disrupt the balance of power between the General Assembly and the Security Council, as enshrined in the Charter."
Speaking for Brasil, Ronaldo Mota Sardenberg
Ronaldo Mota Sardenberg
Ronaldo Mota Sardenberg is a Brazilian diplomat and politician.-Foreign service:Sardenberg joined the Brazilian Foreign Service in 1964. He was the Chargé d'affaires of Brazil to the Soviet Union in 1982; and Ambassador in Moscow from 1985 to 1989...
brought up the question of disarmament
Disarmament
Disarmament is the act of reducing, limiting, or abolishing weapons. Disarmament generally refers to a country's military or specific type of weaponry. Disarmament is often taken to mean total elimination of weapons of mass destruction, such as nuclear arms...
, which had been a concern of many non-aligned movement
Non-Aligned Movement
The Non-Aligned Movement is a group of states considering themselves not aligned formally with or against any major power bloc. As of 2011, the movement had 120 members and 17 observer countries...
countries throughout the negotiation process and before, given the inegalitarian regime created by instruments such as the Nuclear Non-Proliferation Treaty
Nuclear Non-Proliferation Treaty
The Treaty on the Non-Proliferation of Nuclear Weapons, commonly known as the Non-Proliferation Treaty or NPT, is a landmark international treaty whose objective is to prevent the spread of nuclear weapons and weapons technology, to promote cooperation in the peaceful uses of nuclear energy and to...
.
Equally, the early drafts of the resolution contained explicit references to the Proliferation Security Initiative
Proliferation Security Initiative
The Proliferation Security Initiative is a global effort that aims to stop trafficking of weapons of mass destruction , their delivery systems, and related materials to and from states and non-state actors of proliferation concern. Launched by United States President George W...
which were removed at the request of China, which remains opposed to the scheme, alleging that it violates the UN Convention on the Law of the Sea.
Relationship to other non-proliferation instruments
Resolution 1540 requires states to “promote the universal adoption and full implementation, and, where necessary, strengthening of multilateral treaties to which they are parties, whose aim is to prevent the proliferationProliferation
Proliferation may refer to:*Nuclear proliferation*Chemical weapon proliferation*Cell proliferation* The proliferative phase of wound healing...
of nuclear, biological or chemical weapons” (Article 8a) and to “fulfil their commitment to multilateral cooperation, in particular within the framework of the International Atomic Energy Agency
International Atomic Energy Agency
The International Atomic Energy Agency is an international organization that seeks to promote the peaceful use of nuclear energy, and to inhibit its use for any military purpose, including nuclear weapons. The IAEA was established as an autonomous organization on 29 July 1957...
, the Organisation for the Prohibition of Chemical Weapons
Organisation for the Prohibition of Chemical Weapons
The Organisation for the Prohibition of Chemical Weapons is an intergovernmental organization, located in The Hague, Netherlands. The organization promotes and verifies the adherence to the Chemical Weapons Convention which prohibits of the use of chemical weapons and requires their destruction...
, and the Biological and Toxin Weapons Convention” (Article 8c).
Although the resolution encourages and promotes universal WMD
WMD
WMD may refer to:* Weapon of mass destruction, a term used to describe munitions with the capacity to kill large numbers of human beings indiscriminately* Weighted mean difference, a measure in statistical meta-analysis...
treaty implementation, states not yet a party retain their prerogative not to sign these treaties. The focus of Resolution 1540 is not the treaties per se but the resulting national legislation and regulations that allow to take action against non-state actors. States will have gone a long way toward complying with the resolution if they have already ratified the three main WMD
WMD
WMD may refer to:* Weapon of mass destruction, a term used to describe munitions with the capacity to kill large numbers of human beings indiscriminately* Weighted mean difference, a measure in statistical meta-analysis...
treaties, but the reverse is also true. If States put the required national legislation in place to comply with UNSCR 1540, then becoming state party of and complying with the CWC
CWC
CWC can refer to:* Cable & Wireless Communications* California Writers Club* Camsur Watersports Complex in Camarines Sur, Philippines* Canal Wild Card, a Danish Advent calendar by De Nattergale* Cardigan Welsh Corgi...
and the BTWC will not demand much additional effort. In this way the resolution also contributes to treaty universality.
Resolution 1540 tries to fill gaps in the varying approaches of existing instruments.
First of all, the resolution is universal unlike the three main WMD
WMD
WMD may refer to:* Weapon of mass destruction, a term used to describe munitions with the capacity to kill large numbers of human beings indiscriminately* Weighted mean difference, a measure in statistical meta-analysis...
treaties.
Whereas the three main WMD treaties, the Non-Proliferation Treaty, the Chemical Weapons Convention
Chemical Weapons Convention
The Chemical Weapons Convention is an arms control agreement which outlaws the production, stockpiling and use of chemical weapons. Its full name is the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction...
and the Biological and Toxin Weapons Convention are first and foremost applicable to states, the resolution focuses on non-state actors. Because individuals are not subject to international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
, states are required to ensure a national legal framework of laws, regulations and controls.
Third, unlike the IAEA to the NPT
NPT
- Codes :* NPT, the reporting mark of Portland Terminal Railroad of Oregon, United States* NPT, the former postcode of Newport, Wales, United Kingdom* NPT, an IATA code of Newport State Airport, Middletown, Rhode Island, United States- Law enforcement :...
and the OPCW to the CWC
CWC
CWC can refer to:* Cable & Wireless Communications* California Writers Club* Camsur Watersports Complex in Camarines Sur, Philippines* Canal Wild Card, a Danish Advent calendar by De Nattergale* Cardigan Welsh Corgi...
, there exists no such organization to the BTWC.
Similarly, for the means of delivery, there only exists a regime so these delivery systems are not the subject of legally binding non-proliferation
Proliferation
Proliferation may refer to:*Nuclear proliferation*Chemical weapon proliferation*Cell proliferation* The proliferative phase of wound healing...
treaties. Resolution 1540 explicitly integrates proliferation concerns about these means.
The resolution goes beyond the three main non-proliferation
Proliferation
Proliferation may refer to:*Nuclear proliferation*Chemical weapon proliferation*Cell proliferation* The proliferative phase of wound healing...
treaties and specifies in article 2 and 3 the additional measures required concerning financial, security, and physical protection of sensitive materials and also border and export controls.
Lastly, the Resolution, adopted under Chapter VII of the United Nations Charter
Chapter VII of the United Nations Charter
Chapter VII of the United Nations Charter sets out the UN Security Council's powers to maintain peace. It allows the Council to "determine the existence of any threat to the peace, breach of the peace, or act of aggression" and to take military and nonmilitary action to "restore international peace...
, requires enforcement. This emphasizes the role states are expected to play to pre-empt proliferation
Proliferation
Proliferation may refer to:*Nuclear proliferation*Chemical weapon proliferation*Cell proliferation* The proliferative phase of wound healing...
(article 10), because it hints at the possibility of sanctions
International sanctions
International sanctions are actions taken by countries against others for political reasons, either unilaterally or multilaterally.There are several types of sanctions....
in case of non-compliance. It also tries to address the enforcement weakness in the treaties and export control regimes.
Nuclear Weapons
Resolution 1540 has a complementary relationship to the NPTNPT
- Codes :* NPT, the reporting mark of Portland Terminal Railroad of Oregon, United States* NPT, the former postcode of Newport, Wales, United Kingdom* NPT, an IATA code of Newport State Airport, Middletown, Rhode Island, United States- Law enforcement :...
and the IAEA. The IAEA has activities and programs that are relevant to the implementation of the resolution 1540 such as legislative assistance, training of state officials, support to states in the development and implementation of physical protection of nuclear material and facilities and support to states to upgrade border controls in order to better detect illicit trafficking of nuclear material
Nuclear material
Nuclear material refers to the metals uranium, plutonium, and thorium, in any form, according to the IAEA. This is differentiated further into "source material", consisting of natural and depleted uranium, and "special fissionable material", consisting of enriched uranium , uranium-233, and...
and related technology. The 1540 Committee can inform states about requesting legislative and technical assistance and advisory services from the IAEA. The IAEA does not only cover nuclear material
Nuclear material
Nuclear material refers to the metals uranium, plutonium, and thorium, in any form, according to the IAEA. This is differentiated further into "source material", consisting of natural and depleted uranium, and "special fissionable material", consisting of enriched uranium , uranium-233, and...
but also radioactive material, the latter is of special interest to non-state actors, because it would be easier to obtain. Another useful tool provided by the IAEA is their illicit trafficking database.
Chemical weapons
The CWCCWC
CWC can refer to:* Cable & Wireless Communications* California Writers Club* Camsur Watersports Complex in Camarines Sur, Philippines* Canal Wild Card, a Danish Advent calendar by De Nattergale* Cardigan Welsh Corgi...
and its mandated organization the OPCW face new challenges in a changing international WMD context which Resolution 1540 aims to remedy. An important obligation of the CWC
CWC
CWC can refer to:* Cable & Wireless Communications* California Writers Club* Camsur Watersports Complex in Camarines Sur, Philippines* Canal Wild Card, a Danish Advent calendar by De Nattergale* Cardigan Welsh Corgi...
is the adoption of appropriate national implementing legislation, but even after the adoption of an action plan by the OPCW to encourage state parties to rectify this situation, many states parties fail to meet this obligation. Comprehensive national implementing legislation is not only necessary to fully meet the obligations to the CWC
CWC
CWC can refer to:* Cable & Wireless Communications* California Writers Club* Camsur Watersports Complex in Camarines Sur, Philippines* Canal Wild Card, a Danish Advent calendar by De Nattergale* Cardigan Welsh Corgi...
, but it is vital in preventing non-state actors from gaining access to chemical weapons and UNSCR 1540 has rendered it a mandatory requirement. Although the CWC
CWC
CWC can refer to:* Cable & Wireless Communications* California Writers Club* Camsur Watersports Complex in Camarines Sur, Philippines* Canal Wild Card, a Danish Advent calendar by De Nattergale* Cardigan Welsh Corgi...
has an effective verification regime by international inspectors of the OPCW, this may not always be the case when faced with non-state actors if there exists no national legislation that grants easy access to private residences. The resolution also addresses the question of “related materials”. Its definition includes chemicals and equipment covered by multilateral arrangements and national control lists such as the Australia Group
Australia Group
The Australia Group is an informal group of countries established in 1985 to help member countries to identify those of their exports which need to be controlled so as not to contribute to the spread of chemical and biological weapons .The group, initially consisting of 15 members, held its first...
, the Proliferation Security Initiative
Proliferation Security Initiative
The Proliferation Security Initiative is a global effort that aims to stop trafficking of weapons of mass destruction , their delivery systems, and related materials to and from states and non-state actors of proliferation concern. Launched by United States President George W...
and the EU’s strategy against the proliferation of WMD, and is thus much broader than the three schedules of chemicals in the Annex of the CWC
CWC
CWC can refer to:* Cable & Wireless Communications* California Writers Club* Camsur Watersports Complex in Camarines Sur, Philippines* Canal Wild Card, a Danish Advent calendar by De Nattergale* Cardigan Welsh Corgi...
. In addition non-state actors can already cause serious damage with amounts that are far below those that are considered militarily significant and states should consider this in their actions to counteract the preparation or use of chemical weapons by those actors.
Biological weapons
As said before, the BTWC has no organization to oversee its implementation and lacks an effective monitoring, complianceCompliance (regulation)
In general, compliance means conforming to a rule, such as a specification, policy, standard or law. Regulatory compliance describes the goal that corporations or public agencies aspire to in their efforts to ensure that personnel are aware of and take steps to comply with relevant laws and...
and verification
Verification
The word verification may refer to:* Verification and validation, in engineering or quality management systems, it is the act of reviewing, inspecting or testing, in order to establish and document that a product, service or system meets regulatory or technical standards.* Verification , in the...
regime. There exists a modest consultative compliance mechanism, but negotiations to establish an international organization for the prohibition of biological weapons to oversee implementation and conduct monitoring and verification have broken down in 2001. The lack of transparency make it difficult to assess the status and effectiveness of states parties’ measures to implement and comply with the BTWC. UNSCR 1540 has established a monitoring system based on states’ declarations on implementation through the reports provided to the 1540 Committee. The resolution does not provide a compliance regime, but rather favors cooperative efforts since non-compliance can be caused by lack of awareness or capacity. But if states persist in their non-compliance despite assistance, then the Committee will report this to the UNSC. Resolution 1540 also fulfills a function compliance role since it requires BTWC states parties to review their compliance with its obligations while they can use the more detailed criteria for national implementation in the resolution.
Means of delivery
UNSCR 1540 promotes a greater understanding of non-proliferation instruments related to means of delivery such as the Missile Technology Control RegimeMissile Technology Control Regime
The Missile Technology Control Regime is an informal and voluntary partnership between 34 countries to prevent the proliferation of missile and unmanned aerial vehicle technology capable of carrying a 500 kg payload at least 300 km....
. Up to the adoption of the resolution export control measures related to means of delivery had not been discussed widely in the international community. The MTCR is an informal and voluntary association that aims to control the proliferation of rockets and unmanned air vehicle systems. Resolution 1540 requires as one of the measures that states states maintain effective export controls and although every country can implement the arrangements according to its national legislation, this legislation is now mandatory. Since the principal focus of the resolution are non-state actors, means of delivery are expected to be less sophisticated means. The risk of non-state actors obtaining sophisticated ballistic or cruise missile
Cruise missile
A cruise missile is a guided missile that carries an explosive payload and is propelled, usually by a jet engine, towards a land-based or sea-based target. Cruise missiles are designed to deliver a large warhead over long distances with high accuracy...
technologies continues to exist and the Resolution will have to take into account the dual-use technologies in its implementation so as not to effect legitimate peaceful commercial uses and industrial research.
South America
Latin America was the first region to be covered by a treaty banning the development of nuclear weapons (the Treaty of TlatelolcoTreaty of Tlatelolco
The Treaty of Tlatelolco is the conventional name given to the Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean...
), despite the longstanding opposition of two of the principal powers of the region, Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
and Argentina
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
, to the Nuclear Non-proliferation Treaty
Nuclear Non-Proliferation Treaty
The Treaty on the Non-Proliferation of Nuclear Weapons, commonly known as the Non-Proliferation Treaty or NPT, is a landmark international treaty whose objective is to prevent the spread of nuclear weapons and weapons technology, to promote cooperation in the peaceful uses of nuclear energy and to...
, due to its perceived discriminatory nature.
While Colombia
Colombia
Colombia, officially the Republic of Colombia , is a unitary constitutional republic comprising thirty-two departments. The country is located in northwestern South America, bordered to the east by Venezuela and Brazil; to the south by Ecuador and Peru; to the north by the Caribbean Sea; to the...
is the only state in the region to have fully accepted the United States vision of the war on terror
War on Terror
The War on Terror is a term commonly applied to an international military campaign led by the United States and the United Kingdom with the support of other North Atlantic Treaty Organisation as well as non-NATO countries...
, most states in the region already have anti-terrorism measures in place, usually in conjunction with policies designed to fight organised crime, which is the main local threat (for example, the 3+1 Group, the Inter-American Convention Against Terrorism
Inter-American Convention Against Terrorism
The Inter-American Convention Against Terrorism was adopted by the member countries of the Organization of American States at its General Assembly held in Bridgetown, Barbados, on 3 June 2002...
, the Declaration of San Carlos).
All of the states in the region have already presented their compliance reports to the 1540 Committee. Many of them have, however, fulfilled only a minor part of their obligations under the resolution; Chile
Chile
Chile ,officially the Republic of Chile , is a country in South America occupying a long, narrow coastal strip between the Andes mountains to the east and the Pacific Ocean to the west. It borders Peru to the north, Bolivia to the northeast, Argentina to the east, and the Drake Passage in the far...
, Panama
Panama
Panama , officially the Republic of Panama , is the southernmost country of Central America. Situated on the isthmus connecting North and South America, it is bordered by Costa Rica to the northwest, Colombia to the southeast, the Caribbean Sea to the north and the Pacific Ocean to the south. The...
, Peru
Peru
Peru , officially the Republic of Peru , is a country in western South America. It is bordered on the north by Ecuador and Colombia, on the east by Brazil, on the southeast by Bolivia, on the south by Chile, and on the west by the Pacific Ocean....
and Venezuela
Venezuela
Venezuela , officially called the Bolivarian Republic of Venezuela , is a tropical country on the northern coast of South America. It borders Colombia to the west, Guyana to the east, and Brazil to the south...
being among those with the worst records. Colombia has also requested detection equipment and assistance in training its law enforcement personnel in the detection and prosecution of proliferation offenses, while Argentina
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
and Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
have provided offers of assistance.
Asia and Oceania
While ASEAN has been largely supportive of the resolution, it has also been criticised firstly as a US-inspired attempt to interfere in matters belonging to the domain of national sovereigntyNational sovereignty
National sovereignty is the doctrine that sovereignty belongs to and derives from the nation, an abstract entity normally linked to a physical territory and its past, present, and future citizens. It is an ideological concept or doctrine derived from liberal political theory...
, as a “one size fits all” approach to the question and for being far too demanding in terms of resources for small countries to implement correctly.
Among the states of the region, Taiwan
Taiwan
Taiwan , also known, especially in the past, as Formosa , is the largest island of the same-named island group of East Asia in the western Pacific Ocean and located off the southeastern coast of mainland China. The island forms over 99% of the current territory of the Republic of China following...
(which is not a UN member), the Cook Islands
Cook Islands
The Cook Islands is a self-governing parliamentary democracy in the South Pacific Ocean in free association with New Zealand...
and Niue
Niue
Niue , is an island country in the South Pacific Ocean. It is commonly known as the "Rock of Polynesia", and inhabitants of the island call it "the Rock" for short. Niue is northeast of New Zealand in a triangle between Tonga to the southwest, the Samoas to the northwest, and the Cook Islands to...
(which are treated as permanent observers rather than members of the UN due to their links with New Zealand), North Korea
North Korea
The Democratic People’s Republic of Korea , , is a country in East Asia, occupying the northern half of the Korean Peninsula. Its capital and largest city is Pyongyang. The Korean Demilitarized Zone serves as the buffer zone between North Korea and South Korea...
, Burma, East Timor
East Timor
The Democratic Republic of Timor-Leste, commonly known as East Timor , is a state in Southeast Asia. It comprises the eastern half of the island of Timor, the nearby islands of Atauro and Jaco, and Oecusse, an exclave on the northwestern side of the island, within Indonesian West Timor...
and the Solomon Islands
Solomon Islands
Solomon Islands is a sovereign state in Oceania, east of Papua New Guinea, consisting of nearly one thousand islands. It covers a land mass of . The capital, Honiara, is located on the island of Guadalcanal...
have yet to present reports to the 1540 Committee. Many of the states in Oceania have had difficulties fulfilling their obligations under the resolution due to their small size and lack of resources. For example, Kiribati
Kiribati
Kiribati , officially the Republic of Kiribati, is an island nation located in the central tropical Pacific Ocean. The permanent population exceeds just over 100,000 , and is composed of 32 atolls and one raised coral island, dispersed over 3.5 million square kilometres, straddling the...
has asked for assistance in adapting its legislative framework and Vanuatu
Vanuatu
Vanuatu , officially the Republic of Vanuatu , is an island nation located in the South Pacific Ocean. The archipelago, which is of volcanic origin, is some east of northern Australia, northeast of New Caledonia, west of Fiji, and southeast of the Solomon Islands, near New Guinea.Vanuatu was...
has asked for additional police training
Armenia
Armenia
Armenia , officially the Republic of Armenia , is a landlocked mountainous country in the Caucasus region of Eurasia...
, Cambodia
Cambodia
Cambodia , officially known as the Kingdom of Cambodia, is a country located in the southern portion of the Indochina Peninsula in Southeast Asia...
, Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
, Lebanon
Lebanon
Lebanon , officially the Republic of LebanonRepublic of Lebanon is the most common term used by Lebanese government agencies. The term Lebanese Republic, a literal translation of the official Arabic and French names that is not used in today's world. Arabic is the most common language spoken among...
, the Marshall Islands
Marshall Islands
The Republic of the Marshall Islands , , is a Micronesian nation of atolls and islands in the middle of the Pacific Ocean, just west of the International Date Line and just north of the Equator. As of July 2011 the population was 67,182...
, Mongolia
Mongolia
Mongolia is a landlocked country in East and Central Asia. It is bordered by Russia to the north and China to the south, east and west. Although Mongolia does not share a border with Kazakhstan, its western-most point is only from Kazakhstan's eastern tip. Ulan Bator, the capital and largest...
, the Philippines
Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
, Qatar
Qatar
Qatar , also known as the State of Qatar or locally Dawlat Qaṭar, is a sovereign Arab state, located in the Middle East, occupying the small Qatar Peninsula on the northeasterly coast of the much larger Arabian Peninsula. Its sole land border is with Saudi Arabia to the south, with the rest of its...
, Syria
Syria
Syria , officially the Syrian Arab Republic , is a country in Western Asia, bordering Lebanon and the Mediterranean Sea to the West, Turkey to the north, Iraq to the east, Jordan to the south, and Israel to the southwest....
, Thailand
Thailand
Thailand , officially the Kingdom of Thailand , formerly known as Siam , is a country located at the centre of the Indochina peninsula and Southeast Asia. It is bordered to the north by Burma and Laos, to the east by Laos and Cambodia, to the south by the Gulf of Thailand and Malaysia, and to the...
and Uzbekistan
Uzbekistan
Uzbekistan , officially the Republic of Uzbekistan is a doubly landlocked country in Central Asia and one of the six independent Turkic states. It shares borders with Kazakhstan to the west and to the north, Kyrgyzstan and Tajikistan to the east, and Afghanistan and Turkmenistan to the south....
all currently have requests for assistance pending, while Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, China
China
Chinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...
, India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
, Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
, Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
, Malaysia, New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
, Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
, South Korea
South Korea
The Republic of Korea , , is a sovereign state in East Asia, located on the southern portion of the Korean Peninsula. It is neighbored by the People's Republic of China to the west, Japan to the east, North Korea to the north, and the East China Sea and Republic of China to the south...
, and Singapore
Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
have all presented offers of assistance to the Committee.
Many states in the region are also involved in other local non-proliferation
Proliferation
Proliferation may refer to:*Nuclear proliferation*Chemical weapon proliferation*Cell proliferation* The proliferative phase of wound healing...
and counter-terrorism
Counter-terrorism
Counter-terrorism is the practices, tactics, techniques, and strategies that governments, militaries, police departments and corporations adopt to prevent or in response to terrorist threats and/or acts, both real and imputed.The tactic of terrorism is available to insurgents and governments...
initiatives, such as the Bali Counter-Terrorism Process and the BTWC Regional Workshops.
Asia] has been the source of most recent proliferation activities, notably in India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
and Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
, Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
, Iran
Iran
Iran , officially the Islamic Republic of Iran , is a country in Southern and Western Asia. The name "Iran" has been in use natively since the Sassanian era and came into use internationally in 1935, before which the country was known to the Western world as Persia...
and North Korea
North Korea
The Democratic People’s Republic of Korea , , is a country in East Asia, occupying the northern half of the Korean Peninsula. Its capital and largest city is Pyongyang. The Korean Demilitarized Zone serves as the buffer zone between North Korea and South Korea...
, and those involving the A. Q. Khan network.
Africa
While most African states lack the technology to be a serious proliferationProliferation
Proliferation may refer to:*Nuclear proliferation*Chemical weapon proliferation*Cell proliferation* The proliferative phase of wound healing...
threat, the numerous zones of lawlessness on the continent make it a useful hub for various clandestine activities, notably drug and people trafficking. However, certain countries, notably Libya
Libya
Libya is an African country in the Maghreb region of North Africa bordered by the Mediterranean Sea to the north, Egypt to the east, Sudan to the southeast, Chad and Niger to the south, and Algeria and Tunisia to the west....
and Egypt
Egypt
Egypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...
(nuclear) and the Democractic Republic of the Congo (chemical/biological) have been or are suspected of being involved in proliferation.
Africa also has the highest proportion of states not yet having presented their compliance reports to the 1540 committee: Botswana
Botswana
Botswana, officially the Republic of Botswana , is a landlocked country located in Southern Africa. The citizens are referred to as "Batswana" . Formerly the British protectorate of Bechuanaland, Botswana adopted its new name after becoming independent within the Commonwealth on 30 September 1966...
, Burundi
Burundi
Burundi , officially the Republic of Burundi , is a landlocked country in the Great Lakes region of Eastern Africa bordered by Rwanda to the north, Tanzania to the east and south, and the Democratic Republic of the Congo to the west. Its capital is Bujumbura...
, Cape Verde
Cape Verde
The Republic of Cape Verde is an island country, spanning an archipelago of 10 islands located in the central Atlantic Ocean, 570 kilometres off the coast of Western Africa...
, the Central African Republic
Central African Republic
The Central African Republic , is a landlocked country in Central Africa. It borders Chad in the north, Sudan in the north east, South Sudan in the east, the Democratic Republic of the Congo and the Republic of the Congo in the south, and Cameroon in the west. The CAR covers a land area of about ,...
, Chad
Chad
Chad , officially known as the Republic of Chad, is a landlocked country in Central Africa. It is bordered by Libya to the north, Sudan to the east, the Central African Republic to the south, Cameroon and Nigeria to the southwest, and Niger to the west...
, the Comoros
Comoros
The Comoros , officially the Union of the Comoros is an archipelago island nation in the Indian Ocean, located off the eastern coast of Africa, on the northern end of the Mozambique Channel, between northeastern Mozambique and northwestern Madagascar...
, the Republic of the Congo
Republic of the Congo
The Republic of the Congo , sometimes known locally as Congo-Brazzaville, is a state in Central Africa. It is bordered by Gabon, Cameroon, the Central African Republic, the Democratic Republic of the Congo , the Angolan exclave province of Cabinda, and the Gulf of Guinea.The region was dominated by...
, Equatorial Guinea
Equatorial Guinea
Equatorial Guinea, officially the Republic of Equatorial Guinea where the capital Malabo is situated.Annobón is the southernmost island of Equatorial Guinea and is situated just south of the equator. Bioko island is the northernmost point of Equatorial Guinea. Between the two islands and to the...
, Ethiopia
Ethiopia
Ethiopia , officially known as the Federal Democratic Republic of Ethiopia, is a country located in the Horn of Africa. It is the second-most populous nation in Africa, with over 82 million inhabitants, and the tenth-largest by area, occupying 1,100,000 km2...
, Gabon
Gabon
Gabon , officially the Gabonese Republic is a state in west central Africa sharing borders with Equatorial Guinea to the northwest, Cameroon to the north, and with the Republic of the Congo curving around the east and south. The Gulf of Guinea, an arm of the Atlantic Ocean is to the west...
, Gambia, Guinea
Guinea
Guinea , officially the Republic of Guinea , is a country in West Africa. Formerly known as French Guinea , it is today sometimes called Guinea-Conakry to distinguish it from its neighbour Guinea-Bissau. Guinea is divided into eight administrative regions and subdivided into thirty-three prefectures...
, Guinea-Bissau
Guinea-Bissau
The Republic of Guinea-Bissau is a country in West Africa. It is bordered by Senegal to the north, and Guinea to the south and east, with the Atlantic Ocean to its west....
, Lesotho
Lesotho
Lesotho , officially the Kingdom of Lesotho, is a landlocked country and enclave, surrounded by the Republic of South Africa. It is just over in size with a population of approximately 2,067,000. Its capital and largest city is Maseru. Lesotho is a member of the Commonwealth of Nations. The name...
, Liberia
Liberia
Liberia , officially the Republic of Liberia, is a country in West Africa. It is bordered by Sierra Leone on the west, Guinea on the north and Côte d'Ivoire on the east. Liberia's coastline is composed of mostly mangrove forests while the more sparsely populated inland consists of forests that open...
, Malawi
Malawi
The Republic of Malawi is a landlocked country in southeast Africa that was formerly known as Nyasaland. It is bordered by Zambia to the northwest, Tanzania to the northeast, and Mozambique on the east, south and west. The country is separated from Tanzania and Mozambique by Lake Malawi. Its size...
, Mali
Mali
Mali , officially the Republic of Mali , is a landlocked country in Western Africa. Mali borders Algeria on the north, Niger on the east, Burkina Faso and the Côte d'Ivoire on the south, Guinea on the south-west, and Senegal and Mauritania on the west. Its size is just over 1,240,000 km² with...
, Mauritania
Mauritania
Mauritania is a country in the Maghreb and West Africa. It is bordered by the Atlantic Ocean in the west, by Western Sahara in the north, by Algeria in the northeast, by Mali in the east and southeast, and by Senegal in the southwest...
, Mozambique
Mozambique
Mozambique, officially the Republic of Mozambique , is a country in southeastern Africa bordered by the Indian Ocean to the east, Tanzania to the north, Malawi and Zambia to the northwest, Zimbabwe to the west and Swaziland and South Africa to the southwest...
, Rwanda
Rwanda
Rwanda or , officially the Republic of Rwanda , is a country in central and eastern Africa with a population of approximately 11.4 million . Rwanda is located a few degrees south of the Equator, and is bordered by Uganda, Tanzania, Burundi and the Democratic Republic of the Congo...
, São Tomé and Príncipe
São Tomé and Príncipe
São Tomé and Príncipe, officially the Democratic Republic of São Tomé and Príncipe, is a Portuguese-speaking island nation in the Gulf of Guinea, off the western equatorial coast of Central Africa. It consists of two islands: São Tomé and Príncipe, located about apart and about , respectively, off...
, Somalia
Somalia
Somalia , officially the Somali Republic and formerly known as the Somali Democratic Republic under Socialist rule, is a country located in the Horn of Africa. Since the outbreak of the Somali Civil War in 1991 there has been no central government control over most of the country's territory...
, Swaziland
Swaziland
Swaziland, officially the Kingdom of Swaziland , and sometimes called Ngwane or Swatini, is a landlocked country in Southern Africa, bordered to the north, south and west by South Africa, and to the east by Mozambique...
, Tanzania
Tanzania
The United Republic of Tanzania is a country in East Africa bordered by Kenya and Uganda to the north, Rwanda, Burundi, and the Democratic Republic of the Congo to the west, and Zambia, Malawi, and Mozambique to the south. The country's eastern borders lie on the Indian Ocean.Tanzania is a state...
, Togo
Togo
Togo, officially the Togolese Republic , is a country in West Africa bordered by Ghana to the west, Benin to the east and Burkina Faso to the north. It extends south to the Gulf of Guinea, on which the capital Lomé is located. Togo covers an area of approximately with a population of approximately...
, Zambia
Zambia
Zambia , officially the Republic of Zambia, is a landlocked country in Southern Africa. The neighbouring countries are the Democratic Republic of the Congo to the north, Tanzania to the north-east, Malawi to the east, Mozambique, Zimbabwe, Botswana and Namibia to the south, and Angola to the west....
and Zimbabwe
Zimbabwe
Zimbabwe is a landlocked country located in the southern part of the African continent, between the Zambezi and Limpopo rivers. It is bordered by South Africa to the south, Botswana to the southwest, Zambia and a tip of Namibia to the northwest and Mozambique to the east. Zimbabwe has three...
.
This has largely been attributed to a lack of resources, and the existence of more pressing problems such as AIDS
AIDS
Acquired immune deficiency syndrome or acquired immunodeficiency syndrome is a disease of the human immune system caused by the human immunodeficiency virus...
, small arms proliferation
Small arms proliferation
Small arms proliferation is a term used by organizations and individuals advocating the control of small arms and their trade; the term has no precise definition...
and conflict, but certain members of the non-aligned movement have also raised concerns over the possible impact of the resolution on national sovereignty.
Angola
Angola
Angola, officially the Republic of Angola , is a country in south-central Africa bordered by Namibia on the south, the Democratic Republic of the Congo on the north, and Zambia on the east; its west coast is on the Atlantic Ocean with Luanda as its capital city...
, Benin
Benin
Benin , officially the Republic of Benin, is a country in West Africa. It borders Togo to the west, Nigeria to the east and Burkina Faso and Niger to the north. Its small southern coastline on the Bight of Benin is where a majority of the population is located...
, Côte d'Ivoire
Côte d'Ivoire
The Republic of Côte d'Ivoire or Ivory Coast is a country in West Africa. It has an area of , and borders the countries Liberia, Guinea, Mali, Burkina Faso and Ghana; its southern boundary is along the Gulf of Guinea. The country's population was 15,366,672 in 1998 and was estimated to be...
, Madagascar
Madagascar
The Republic of Madagascar is an island country located in the Indian Ocean off the southeastern coast of Africa...
and Morocco
Morocco
Morocco , officially the Kingdom of Morocco , is a country located in North Africa. It has a population of more than 32 million and an area of 710,850 km², and also primarily administers the disputed region of the Western Sahara...
have all presented requests for assistance in fulfilling their 1540 obligations to the Committee, with South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
providing an offer of help.
Europe
Since 2003 the European UnionEuropean Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
has integrated a non-proliferation
Proliferation
Proliferation may refer to:*Nuclear proliferation*Chemical weapon proliferation*Cell proliferation* The proliferative phase of wound healing...
clause into its common foreign and security policy
Common Foreign and Security Policy
The Common Foreign and Security Policy is the organised, agreed foreign policy of the European Union for mainly security and defence diplomacy and actions. CFSP deals only with a specific part of the EU's external relations, which domains include mainly Trade and Commercial Policy and other areas...
, requiring that its trading partners take steps to “sign, ratify or accede to, as appropriate, and fully implement all (…) relevant international instruments” relating to nuclear, chemical and biological weapons”. This clause has, however, been a stumbling block in negotiations with India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
and Syria
Syria
Syria , officially the Syrian Arab Republic , is a country in Western Asia, bordering Lebanon and the Mediterranean Sea to the West, Turkey to the north, Iraq to the east, Jordan to the south, and Israel to the southwest....
.
The only European countries yet to present their reports to the 1540 committee are Macedonia
Republic of Macedonia
Macedonia , officially the Republic of Macedonia , is a country located in the central Balkan peninsula in Southeast Europe. It is one of the successor states of the former Yugoslavia, from which it declared independence in 1991...
, Moldova
Moldova
Moldova , officially the Republic of Moldova is a landlocked state in Eastern Europe, located between Romania to the West and Ukraine to the North, East and South. It declared itself an independent state with the same boundaries as the preceding Moldavian Soviet Socialist Republic in 1991, as part...
and the Vatican City
Vatican City
Vatican City , or Vatican City State, in Italian officially Stato della Città del Vaticano , which translates literally as State of the City of the Vatican, is a landlocked sovereign city-state whose territory consists of a walled enclave within the city of Rome, Italy. It has an area of...
(which remains merely an observer state at the UN), though it must be noted that many ex-Soviet states lack the effective border controls needed to prevent proliferation while still possessing nuclear, chemical or biological materials. Albania
Albania
Albania , officially known as the Republic of Albania , is a country in Southeastern Europe, in the Balkans region. It is bordered by Montenegro to the northwest, Kosovo to the northeast, the Republic of Macedonia to the east and Greece to the south and southeast. It has a coast on the Adriatic Sea...
, Lithuania
Lithuania
Lithuania , officially the Republic of Lithuania is a country in Northern Europe, the biggest of the three Baltic states. It is situated along the southeastern shore of the Baltic Sea, whereby to the west lie Sweden and Denmark...
, Montenegro
Montenegro
Montenegro Montenegrin: Crna Gora Црна Гора , meaning "Black Mountain") is a country located in Southeastern Europe. It has a coast on the Adriatic Sea to the south-west and is bordered by Croatia to the west, Bosnia and Herzegovina to the northwest, Serbia to the northeast and Albania to the...
and Serbia
Serbia
Serbia , officially the Republic of Serbia , is a landlocked country located at the crossroads of Central and Southeast Europe, covering the southern part of the Carpathian basin and the central part of the Balkans...
have requested assistance in fulfilling their obligations under the resolution, whereas a majority of European states have provided offers of help: Austria
Austria
Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...
, Belarus
Belarus
Belarus , officially the Republic of Belarus, is a landlocked country in Eastern Europe, bordered clockwise by Russia to the northeast, Ukraine to the south, Poland to the west, and Lithuania and Latvia to the northwest. Its capital is Minsk; other major cities include Brest, Grodno , Gomel ,...
, Bulgaria
Bulgaria
Bulgaria , officially the Republic of Bulgaria , is a parliamentary democracy within a unitary constitutional republic in Southeast Europe. The country borders Romania to the north, Serbia and Macedonia to the west, Greece and Turkey to the south, as well as the Black Sea to the east...
, the Czech Republic
Czech Republic
The Czech Republic is a landlocked country in Central Europe. The country is bordered by Poland to the northeast, Slovakia to the east, Austria to the south, and Germany to the west and northwest....
, Denmark
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
, Estonia
Estonia
Estonia , officially the Republic of Estonia , is a state in the Baltic region of Northern Europe. It is bordered to the north by the Gulf of Finland, to the west by the Baltic Sea, to the south by Latvia , and to the east by Lake Peipsi and the Russian Federation . Across the Baltic Sea lies...
, Finland
Finland
Finland , officially the Republic of Finland, is a Nordic country situated in the Fennoscandian region of Northern Europe. It is bordered by Sweden in the west, Norway in the north and Russia in the east, while Estonia lies to its south across the Gulf of Finland.Around 5.4 million people reside...
, France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, Greece
Greece
Greece , officially the Hellenic Republic , and historically Hellas or the Republic of Greece in English, is a country in southeastern Europe....
, Hungary
Hungary
Hungary , officially the Republic of Hungary , is a landlocked country in Central Europe. It is situated in the Carpathian Basin and is bordered by Slovakia to the north, Ukraine and Romania to the east, Serbia and Croatia to the south, Slovenia to the southwest and Austria to the west. The...
, Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
, Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
, Liechtenstein
Liechtenstein
The Principality of Liechtenstein is a doubly landlocked alpine country in Central Europe, bordered by Switzerland to the west and south and by Austria to the east. Its area is just over , and it has an estimated population of 35,000. Its capital is Vaduz. The biggest town is Schaan...
, Lithuania
Lithuania
Lithuania , officially the Republic of Lithuania is a country in Northern Europe, the biggest of the three Baltic states. It is situated along the southeastern shore of the Baltic Sea, whereby to the west lie Sweden and Denmark...
, Luxembourg
Luxembourg
Luxembourg , officially the Grand Duchy of Luxembourg , is a landlocked country in western Europe, bordered by Belgium, France, and Germany. It has two principal regions: the Oesling in the North as part of the Ardennes massif, and the Gutland in the south...
, Malta
Malta
Malta , officially known as the Republic of Malta , is a Southern European country consisting of an archipelago situated in the centre of the Mediterranean, south of Sicily, east of Tunisia and north of Libya, with Gibraltar to the west and Alexandria to the east.Malta covers just over in...
, the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
, Norway
Norway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
, Poland
Poland
Poland , officially the Republic of Poland , is a country in Central Europe bordered by Germany to the west; the Czech Republic and Slovakia to the south; Ukraine, Belarus and Lithuania to the east; and the Baltic Sea and Kaliningrad Oblast, a Russian exclave, to the north...
, Portugal
Portugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
, Romania
Romania
Romania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...
, the Russian Federation, Slovakia
Slovakia
The Slovak Republic is a landlocked state in Central Europe. It has a population of over five million and an area of about . Slovakia is bordered by the Czech Republic and Austria to the west, Poland to the north, Ukraine to the east and Hungary to the south...
, Slovenia
Slovenia
Slovenia , officially the Republic of Slovenia , is a country in Central and Southeastern Europe touching the Alps and bordering the Mediterranean. Slovenia borders Italy to the west, Croatia to the south and east, Hungary to the northeast, and Austria to the north, and also has a small portion of...
, Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
, Sweden
Sweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
and the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
.
North America
The United States has been one of the strongest supporters of resolution 1540 and of United Nations Security Council Resolution 1887, which strengthened its provisions.All North American states except Haiti
Haiti
Haiti , officially the Republic of Haiti , is a Caribbean country. It occupies the western, smaller portion of the island of Hispaniola, in the Greater Antillean archipelago, which it shares with the Dominican Republic. Ayiti was the indigenous Taíno or Amerindian name for the island...
and St Lucia have presented their reports on 1540 compliance to the UN. The Bahamas
The Bahamas
The Bahamas , officially the Commonwealth of the Bahamas, is a nation consisting of 29 islands, 661 cays, and 2,387 islets . It is located in the Atlantic Ocean north of Cuba and Hispaniola , northwest of the Turks and Caicos Islands, and southeast of the United States...
, Belize
Belize
Belize is a constitutional monarchy and the northernmost country in Central America. Belize has a diverse society, comprising many cultures and languages. Even though Kriol and Spanish are spoken among the population, Belize is the only country in Central America where English is the official...
, CARICOM and Guatemala
Guatemala
Guatemala is a country in Central America bordered by Mexico to the north and west, the Pacific Ocean to the southwest, Belize to the northeast, the Caribbean to the east, and Honduras and El Salvador to the southeast...
have requested assistance in implementing the resolution while Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, Cuba
Cuba
The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...
and the United States have offered help.
Controversy
Many states in the non-aligned movementNon-Aligned Movement
The Non-Aligned Movement is a group of states considering themselves not aligned formally with or against any major power bloc. As of 2011, the movement had 120 members and 17 observer countries...
have criticised resolution 1540 for being cumbersome and ill-adapted to their situations, an attempt by the US to co-opt others into its war on terror, interference by the UN in states’ national sovereignty and a drain on resources that could better be used on problems that are of more direct local relevance.
Supporters of the resolution have underlined the function of the 1540 committee as a clearing house for offers of and requests for assistance in implementing the resolution, and pointed out that improved border controls and legislative framework will be of a more general benefit to all countries that implement them.
See also
- Chemical, biological, radiological, and nuclear
- List of United Nations Security Council Resolutions 1501 to 1600 (2003 – 2005)
- Nuclear Non-proliferation TreatyNuclear Non-Proliferation TreatyThe Treaty on the Non-Proliferation of Nuclear Weapons, commonly known as the Non-Proliferation Treaty or NPT, is a landmark international treaty whose objective is to prevent the spread of nuclear weapons and weapons technology, to promote cooperation in the peaceful uses of nuclear energy and to...
- TerrorismTerrorismTerrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
- Weapons of mass destructionWeapons of mass destructionA weapon of mass destruction is a weapon that can kill and bring significant harm to a large number of humans and/or cause great damage to man-made structures , natural structures , or the biosphere in general...