The Principle of Integration in International Sustainable Development Law (ISDL) with Reference to the Biological Weapons Convention (BWC)
2016
Marina Majid | Nor Abdullah | Siti Noor | Chan Gan
The Biological Weapons Convention (BWC) does not explicitly refer to sustainable development despite the fact that other United Nations (UN) disarmament documents prescribe that international environmental law principles and sustainable development be considered among arms control agreements. This study’s objective is to utilize the principle of integration’s three components of environmental, economic, and social development, as found in the International Sustainable Development Law (ISDL) from the New Delhi Declaration (Delhi Declaration) of Principles of International Law Relating to Sustainable Development, in order to evaluate whether the BWC contains such components: thereby, making it possible for the BWC to contribute to sustainable development. The methodology of this study is necessarily qualitative, given that it is a socio-legal research that relies on international agreements such as the BWC, declarations, resolutions, plans of implementation, other non-binding documents of the UN, and secondary resources—all of which are analyzed through a document analysis. The results show that the BWC addresses the environment (Article II), prohibits transfers relating to export controls, international trade, and economic development (Article III), while at the same time, covering social development concerns, health, and diseases that make up the international social law (Article X). Since the BWC is found to be capable of contributing to sustainable development, it is concluded that ISDL cannot be restricted to international environmental, economic, and social law, but should be expanded to include international arms control law.
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