International Agreements

S3: Science Safety Security

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International agreements are formal understandings or commitments between two or more countries. An agreement between two countries is called “bilateral,” while an agreement between several countries is “multilateral.” The countries bound by an international agreement are generally referred to as “States Parties.”

Under international law, a treaty is any legally binding agreement between states (countries). A treaty can be called a Convention, a Protocol, a Pact, an Accord, etc.; it is the content of the agreement, not its name, which makes it a treaty. Thus, the Geneva Protocol and the Biological Weapons Convention are both treaties even though neither has the word “treaty” in its name. Under U.S. law, a treaty is specifically a legally binding agreement between countries that requires ratification and the “advice and consent” of the Senate. All other agreements (treaties in the international sense) are called Executive Agreements, but are nonetheless legally binding for the U.S. under international law.

A treaty is negotiated by a group of countries, either through an organization set up for that specific purpose, or through an existing body such as the United Nations (UN) Council for Disarmament. The negotiation process may take several years, depending on the topic of the treaty and the number of countries participating. After negotiations are finished, the treaty is signed by representatives of the governments involved. The terms may require that the treaty be ratified as well as signed before it becomes legally binding. A government ratifies a treaty by depositing an instrument of ratification at a location specified in the treaty; the instrument of ratification is a document containing a formal confirmation that the government consents to the terms of the treaty. The ratification process varies according to the laws and Constitutions of each country. In the U.S., the President can ratify a treaty only after getting the “advice and consent” of two thirds of the Senate.

Unless a treaty contains provisions for further agreements or actions, only the treaty text is legally binding. Generally, an amendment to a treaty is only binding to the states that have ratified the amendment, and agreements reached at review conferences, summits, or meetings of the states parties are politically but not legally binding. An example of a treaty that does have provisions for further binding agreements is the UN Charter. By signing and ratifying the Charter, countries agreed to be legally bound by resolutions passed by UN bodies such as the General Assembly and the Security Council. Thus, UN resolutions are legally binding on UN Member States, and no signature or ratification is necessary.

In addition to treaties, there are other less formal international agreements. These include such efforts as the Proliferation Security Initiative (PSI) and the G7 Global Partnership Against the Spread of Weapons of Mass Destruction. Although the PSI has a “Statement of Interdiction Principles” and the G7 Global Partnership has several statements by G7 leaders, neither has a legally binding document that lays out specific obligations and that is signed or ratified by member countries.

Geneva Protocol

Geneva Protocol: The Geneva Protocol bans the use of biological weapons and toxic gasses in war and formed the basis for both the Biological and Chemical Weapons Conventions.

Biological and Toxin Weapons Convention (BWC)

Biological and Toxin Weapons Convention (BWC): The BWC prohibits the development, stockpiling, acquisition, retention, and production of biological agents and toxins "of types and in quantities that have no justification for prophylactic, protective or other peaceful purposes," and weapons, equipment, and delivery vehicles "designed to use such agents or toxins for hostile purposes or in armed conflict."

United Nations Security Council Resolution 1540 (UNSCR 1540)

United Nations Security Council Resolution 1540 (UNSCR 1540): UNSCR 1540 outlines obligations on all United Nations Member States to enforce effective measures against or acquisition of chemical, nuclear or biological weapons, their means of delivery or related materials by non-State actors. It also includes measures intended to prevent the proliferation of chemical, nuclear, or biological weapons.

Please see also the UN Disarmament website for UNSCR 1540 and the 1540 Committee website.

Chemical Weapons Convention (CWC)

Chemical Weapons Convention (CWC): The Chemical Weapons Convention prohibits the development, production, acquisition, stockpiling, and transfer of chemical weapons, including some biological toxins.

Please see also the UN Disarmament website for the CWC.

International Health Regulations (2005) (IHR (2005))

International Health Regulations (2005) (IHR (2005)): The IHR (2005) are an international agreement between 194 States Parties and the World Health Organization to monitor, report on, and respond to any events that could pose a threat to international public health. The purpose of the IHR (2005) is to prevent, protect against, control and provide a public health response to the international spread of disease in ways that are appropriate for and restricted to public health risks, and which avoid unnecessary interference with international traffic and trade. (International Health Regulations, Article 2). For more information, see the IHR Fact Sheets.

International Plant Protection Convention (IPPC)

International Plant Protection Convention (IPPC): The IPPC is a treaty concerned with preventing the introduction and spread of pests to plants and plant products and currently has 177 government consignees. The IPPC has developed phytosanitary guidelines and serves as a reporting center as well as an information source. Seven regional phytosanitary organizations have been established under the umbrella of IPPC. The North American Plant Protection Organization (NAPPO), for example, consists of the US, Canada, and Mexico, who participate through APHIS, the Canadian Food Inspection Agency (CFIA), and the Plant Health Directorate, respectively. The European and Mediterranean Plant Protection Organization (EPPO) is an intergovernmental organization, also under the IPPC, which is responsible for cooperation in plant protection among 50 countries in the European and Mediterranean region.

Proliferation Security Initiative (PSI)

Proliferation Security Initiative (PSI): The PSI 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 on May 31, 2003, U.S. involvement in the PSI stems from the U.S. National Strategy to Combat Weapons of Mass Destruction issued in December 2002. (DOS website)

Global Partnership Against the Spread of Weapons and Materials of Mass Destruction (GP)

Global Partnership Against the Spread of Weapons and Materials of Mass Destruction (GP): Since its launch by G-8 Leaders at the June 2002 Kananaskis G-8 Summit, the Global Partnership has worked to address nonproliferation, disarmament, counterterrorism, and nuclear safety issues through cooperative projects in such areas as destruction of chemical weapons; the dismantlement of decommissioned nuclear submarines; the security and disposition of fissile materials; and rechanneling employment of former weapons scientists to peaceful civilian endeavors.

Australia Group (AG)

Australia Group (AG): The Australia Group (AG) is an informal forum of countries which, through the harmonization of export controls, aims to ensure that exports do not contribute to the development of chemical or biological weapons. Australia Group participants through their coordination on export controls assist the countries to fulfill their obligations under the Chemical Weapons Convention and the Biological and Toxin Weapons Convention to the fullest extent possible.

All of the participants in the Australia Group are States Parties to the Biological and Toxin Weapons Convention (BWC). The AG controls biological agents, plant and animal pathogens, dual-use biological and chemical equipment, related technology and software, and chemical precursors. The Commerce Control List (CCL) mirrors the AG Control List.

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