| With the rapid development of science and technology,many things that seem impossible to happen now become easy.It is no exaggeration to say that human beings now have the power to manipulate nature freely.Powerful power is a double-edged sword.If applied properly,it can make more resources play a greater role,thus improving the quality of human life and promoting world progress.If people with ulterior motives use it in a wrong way,then there may be terrible result.As a modern emerging technology,chemical technology can be called the most scientific and technological,affecting the far-reaching production and life of human beings,and it is difficult for other technologies to reach.However,such a technology has also caused great damage to the world peace and stability.Its use as a chemical weapon is one of the most concerned risks.Therefore,the international community has taken two distinct attitudes towards chemical technology: on the one hand,the international community generally encourages the application of chemical technology to modern industries,comprehensively promotes the vigorous development of nationalized industries,and ultimately drives the prosperity of the national economy;The international community is committed to a total ban on chemical weapons in order to promote the true "no chemical era",which is a clear stipulation in international regulations and a deep hope of all peace-loving countries and people.Although the internationalcommunity has reached a consensus on the comprehensive ban on chemical weapons,there are still very few countries,warring groups and even natural persons who,for their own interests,disregard the civilians or combatants who may be suffering greatly.Peace and tranquillity in the world,the use of chemical weapons in war or armed conflict.This situation occurs on the one hand that these subjects or individuals of international law despise international law,and on the other hand,there are certain defects and shortcomings in the practice and implementation of relevant international legislation prohibiting chemical weapons.In order to fundamentally solve the problem of "talking about color change",in order to make chemical technology better serve humanity,we should work hard in two aspects.The first is to improve the disastrous consequences of the international community for chemical weapons.The second clear understanding is to improve the international legislation prohibiting chemical weapons and make it more valuable in process of practice and implementation.It is based on this understanding that this article attempts to comprehensively sort out and in-depth analysis and research on international legislation prohibiting chemical weapons,and to make a detailed analysis of the legal status of the ban on chemical weapons.In order to show the context of the article more clearly,the article is now structured.The article can be divided into four chapters:The first charpter is to summarize the historical evolution of the prohibition of chemical weapons,and finally come to the conclusion that in what sense chemical weapons should be banned comprehensively and thoroughly.Section I lists examples of the use of chemical weapons by countries during the First World War and the Vietnam War,further illustrating the harmfulness of chemical weapons and the necessity of prohibiting chemical weapons.Section II explores the historical development of the rule of prohibiting chemical weapons,from the emergence of chemical weapons to their use,during which no international treaty has yet been concluded for the prohibition of chemical weapons.However,in accordance with the principle of "prohibition of unnecessary harm" established in the St.PetersburgDeclaration and the spirit embodied in the "Marton clause" of the First Hague Peace Conference in 1899,the methods and means of war must be subject to "civilized practices and public conscience",and chemical weapons should be prohibited.With the improvement of science and technology and legislative technology,the production,storage and development of chemical weapons are also prohibited in the later conventions on the prohibition of chemical weapons.This is because the technology of chemical weapons is in the hands of most countries in the world.Even if chemical weapons are stored,it is difficult to form a deterrent to other countries.Instead,it is a serious security risk.Section III,starting with the definition of chemical weapons,combs the definition of chemical weapons in international treaties in this field,tries to express the definition more comprehensively and concretely,which weapons and chemicals should be recognized as chemical weapons in practice,and provides guidance for its comprehensive prohibition.The second chapter combs the international legislation on the prohibition of chemical weapons and divides it into three main stages,the early attempts before the First World War,and the prohibition of the use of asphyxiation,toxicity and other gases in the war in 1925.Protocol on Bacterial Methods of Warfare and the 1993 CWC.This chapter explores the underlying reasons for the insufficient implementation of the Convention by conducting an in-depth analysis of the key provisions of these treaties and combining the practices of the conventions at the time and the effects achieved.Since the 1993 Chemical Weapons Convention is the most comprehensive and the largest number of States parties in the field of chemical weapons ban,its system has the most analytical value.The first section of this chapter focuses on the system of the Convention and One of the biggest highlights,the verification system,has fully affirmed its contribution to the process of a total ban on chemical weapons,and has also provided sound suggestions for its shortcomings,namely,the possibility of challenging inspections and allegations.The scope of the inspection system using chemical weapons is expanded to give the International OPCW a certain degree of autonomy in order to maximize the role of the system.Thesecond section of this chapter analyzes the state responsibility for violating the rule of chemical weapons ban,starting with the legal basis and combining with the international practice of state responsibility,to have a deeper understanding of the effectiveness and role of the above conventions.The third chapter,the beginning of this chapter,cites the 2013 Syrian chemical cloud incident and proposes whether it is obligatory to comply with this international obligation when Syria is not a party to the 1993 Chemical Weapons Convention.Status is demonstrated.The first is the argumentation of the status of international customary law,including both material and psychological factors.The identification of material elements is controversial about whether the state's ideographic behavior and state inaction are state practice,and the theory of psychological factors can almost agree.“Customary international law arises from universal and consistent state practice,which is abiding by their sense of legal obligation.” Second is the argument for international forcible law.The identification criteria of international forcible law include the purpose of legal norms and legal norms.Effectiveness,in fact,these two aspects are not completely contradictory,one-or-one relationship,so only the provisions that satisfy the overall interests of the national society and the violations of the norm will be invalidated,and such norms can become international forcible laws.It is binding on the international community.The rules prohibiting chemical weapons not only meet the constitutional elements of international customary law,but also meet the constitutional requirements of international forcible law.Therefore,the rule has the international status of the above two laws,and its binding force is not restricted by the “unrestricted third country of the treaty”.The fourth chapter attempts to make reasonable proposals for the realization of the goal of a comprehensive ban on chemical weapons at the domestic and international levels.The first section starts from the domestic level of China and analyzes the historical and practical needs of our unremitting efforts to completely ban chemical weapons.Historically,Chinese soldiers and civilians in World War IIwere deeply persecuted by Japanese chemical weapons,even after the war.For the chemical weapons abandoned by Japan in China,it is necessary to pay attention to the destruction and disposal of abandoned chemical weapons.At the same time,China should actively assist in the implementation of the Chemical Weapons Convention,and improve the domestic implementation system and improve relevant law of the aspect is compatible with it.In response to the problem of abandoned chemical weapons,on the one hand,victims' losses should be compesated;on the other hand,education should be strengthened.Enhance national awareness of prevention and reduce the number of potential victims.In the second section,starting from the CWC review system for violations of the Convention,it is proposed to give the UN Security Council the power to investigate,to make it "passive and active" and to ensure the implementation of the Convention.The third section turns the line of sight to the international level.From the relevant theory of international criminal law,it is considered that the use of chemical weapons during non-wartime is not included in the existing international crimes,and the use of chemical weapons is more complicated.The classification is too singular,so it is recommended that the relevant offences such as the use of chemical weapons,such as chemical weapons,be newly established and placed under the jurisdiction of the International Criminal Court,demonstrating the international community's resolute efforts to use chemical weapons.Under the current international situation,communication and cooperation between countries are strengthening.China has benefited a lot from it.It is also supposed to contribute to maintaining the peace and stability of the world.In the process of a total ban on chemical weapons,China is doing a little bit thin.The power is one of the important aspects. |
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