One of the primary activities of VERTIC’s NIM Programme is analysis of states’ existing laws and regulations for implementation of the BWC and their related requirements under UNSCR 1540. National implementation is a requirement under Article IV of the BWC. The analysis of existing legislation is important, because it allows states to examine which legislative measures are necessary to fully implement their international obligations. Moreover, it helps ensure that any newly drafted legislation fits within the existing legal framework.
In order to assist states to comprehensively analyse their legislation, VERTIC has developed a so-called ‘legislation survey’ template for the BWC, which takes into account the related obligations in UNSCR 1540 as well as in a number of treaties regarding civil aviation, maritime navigation, terrorism and international crimes. The legislation survey template for the BWC identifies 137 distinct measures that are relevant for the implementation of the BWC. In addition, a ‘survey overview’ template provides a place to summarise the survey’s main findings and formulate recommendations to strengthen legislation.
The legislation survey and survey overview templates were first developed after the establishment of the NIM Programme in 2008. They have been adapted over the years and underwent a major revision in 2020. This legislation survey methodology was kept in-house, but it is hoped that by its publication in 2021, more state officials such as policy offers and legislative drafters and other relevant stakeholders can gain a better understanding of the specific national implementation measures for the BWC.
Moreover, state officials can directly use these tools to assess their legislative frameworks. They can review provisions in their laws, regulations and other pertinent official documents; compare these with the national implementation requirements mentioned in the left-hand column of the survey; and insert relevant national provisions in the appropriate cell in the right-hand column. The result is a gap analysis of existing legislation against the national implementation requirements of the BWC. State officials can compile their main findings and recommendations on the basis of this analysis in the survey overview.
While state officials can use these templates independently, NIM staff stand ready to review and assist with such analysis, or conduct the legislative analysis at a state’s request. For further information concerning our assistance activities, please contact: firstname.lastname@example.org.