Regulation of toxins and bioregulators under the Chemical Weapons Convention and the Biological and Toxin Weapons Convention

In this paper we highlight how the apparent double coverage of toxins and bioregulators by both the Biological and Toxin Weapons Convention (BTWC) and the Chemical Weapons Convention (CWC) in fact masks a regulatory gap that has left such potentially dangerous agents neglected by both the control regimes during a period of rapid advances in relevant chemical, life and associated sciences and technologies. We first review what toxins, bioregulators and other mid-spectrum agents are and why they are of such concern and then examine how they are regulated under the BTWC and CWC. This paper then examines an illustrative range of contemporary chemical and life science research and associated activities of concern drawn from case study research on China, India, Iran, Russia, Syria and the United States, and assesses how the CWC and BTWC States Parties have inadequately addressed these threats. We then examine how both the CWC and BTWC Review Conferences failed to address these long-term challenges, and we end by providing a series of recommendations for how both regimes can be strengthened in this area.