International Law and the Problem of Change: The Challenge of Nuclear Disarmament

Abstract

This chapter examines the outlawing of biological weapons and its possible impact on the discussion of a prohibition of nuclear weapons. Despite the different ways in which weapons of mass destruction are regulated, the examination of biological weapons is useful in considering a few important elements in realising a change in the international regulation of nuclear weapons: stigmatisation of the use of the weapons; the acceptance of the no-first-use rule as a first step to a more comprehensive regulation; disarmament that accompanies the comprehensive prohibition of the use. These milestones that appear to characterise the successful, comprehensive ban of biological weapons contrast with, and serve to highlight, the difficulties for a change in the international regulation of nuclear weapons: the limited stigmatisation; refusal of the no-first-use rule by nuclear-armed States; a divide on how disarmament should be carried forward. In addition, any impact or lesson from the outlawing of biological weapons must be assessed with due regard to the question of international security in the context of nuclear disarmament.