1. Who Judges the Science? Some Observations on Legal Texts Thomas D. Grant Presentation at PIR Centre/Diplomatic Academy of the Foreign Ministry of the Russian Federation 29 September 2016

2. Technological change & the response: two centuries, two texts

3. “ The Contracting or Acceding Parties reserve to themselves to come hereafter to an understanding whenever a precise proposition shall be drawn up in view of future improvements which science may effect in the armament of troops, in order to maintain the principles which they have established, and to conciliate the necessities of war with the laws of humanity.”

4. Technological change & the response: two centuries, two texts “ The Contracting or Acceding Parties reserve to themselves to come hereafter to an understanding whenever a precise proposition shall be drawn up in view of future improvements which science may effect in the armament of troops, in order to maintain the principles which they have established, and to conciliate the necessities of war with the laws of humanity.” Declaration Renouncing the Uses in Time of War of Explosive Projectiles Under 400 Grammes Weight, St. Petersburg Declaration, 29 Nov./11 Dec. 1868.

5. Technological change & the response: two centuries, two texts “ The Contracting or Acceding Parties reserve to themselves to come hereafter to an understanding whenever a precise proposition shall be drawn up in view of future improvements which science may effect in the armament of troops, in order to maintain the principles which they have established, and to conciliate the necessities of war with the laws of humanity.” Declaration Renouncing the Uses in Time of War of Explosive Projectiles Under 400 Grammes Weight, St. Petersburg Declaration, 29 Nov./11 Dec. 1868. “In the study, development, acquisition or adoption of a new weapon, means or method of warfare, a High Contracting Party is under an obligation to determine whether its employment would, in some or all circumstances, be prohibited by this Protocol or by any other rule of international law applicable to the High Contracting Party.”

6. Technological change & the response: two centuries, two texts “ The Contracting or Acceding Parties reserve to themselves to come hereafter to an understanding whenever a precise proposition shall be drawn up in view of future improvements which science may effect in the armament of troops, in order to maintain the principles which they have established, and to conciliate the necessities of war with the laws of humanity.” Declaration Renouncing the Uses in Time of War of Explosive Projectiles Under 400 Grammes Weight, St. Petersburg Declaration, 29 Nov./11 Dec. 1868. “In the study, development, acquisition or adoption of a new weapon, means or method of warfare, a High Contracting Party is under an obligation to determine whether its employment would, in some or all circumstances, be prohibited by this Protocol or by any other rule of international law applicable to the High Contracting Party.” Article 36, Addition Protocol I to the Geneva Conventions 1949.

7. Technological change & the response: two centuries, two texts “ The Contracting or Acceding Parties reserve to themselves to come hereafter to an understanding whenever a precise proposition shall be drawn up in view of future improvements which science may effect in the armament of troops, in order to maintain the principles which they have established, and to conciliate the necessities of war with the laws of humanity.” Declaration Renouncing the Uses in Time of War of Explosive Projectiles Under 400 Grammes Weight, St. Petersburg Declaration, 29 Nov./11 Dec. 1868. “In the study, development, acquisition or adoption of a new weapon, means or method of warfare, a High Contracting Party is under an obligation to determine whether its employment would, in some or all circumstances, be prohibited by this Protocol or by any other rule of international law applicable to the High Contracting Party.” Article 36, Addition Protocol I to the Geneva Conventions 1949.

8. Technological change & the response: two centuries, two texts “ The Contracting or Acceding Parties reserve to themselves to come hereafter to an understanding whenever a precise proposition shall be drawn up in view of future improvements which science may effect in the armament of troops, in order to maintain the principles which they have established, and to conciliate the necessities of war with the laws of humanity.” Declaration Renouncing the Uses in Time of War of Explosive Projectiles Under 400 Grammes Weight, St. Petersburg Declaration, 29 Nov./11 Dec. 1868. “In the study, development, acquisition or adoption of a new weapon, means or method of warfare, a High Contracting Party is under an obligation to determine whether its employment would, in some or all circumstances, be prohibited by this Protocol or by any other rule of international law applicable to the High Contracting Party.” Article 36, Addition Protocol I to the Geneva Conventions 1949.

9. Technological change & the response: two centuries, two texts “ The Contracting or Acceding Parties reserve to themselves to come hereafter to an understanding whenever a precise proposition shall be drawn up in view of future improvements which science may effect in the armament of troops, in order to maintain the principles which they have established, and to conciliate the necessities of war with the laws of humanity.” Declaration Renouncing the Uses in Time of War of Explosive Projectiles Under 400 Grammes Weight, St. Petersburg Declaration, 29 Nov./11 Dec. 1868. “In the study, development, acquisition or adoption of a new weapon, means or method of warfare, a High Contracting Party is under an obligation to determine whether its employment would, in some or all circumstances, be prohibited by this Protocol or by any other rule of international law applicable to the High Contracting Party.” Article 36, Addition Protocol I to the Geneva Conventions 1949.

10. Technological change & the response: two centuries, two texts “ The Contracting or Acceding Parties reserve to themselves to come hereafter to an understanding whenever a precise proposition shall be drawn up in view of future improvements which science may effect in the armament of troops, in order to maintain the principles which they have established, and to conciliate the necessities of war with the laws of humanity.” Declaration Renouncing the Uses in Time of War of Explosive Projectiles Under 400 Grammes Weight, St. Petersburg Declaration, 29 Nov./11 Dec. 1868. “In the study, development, acquisition or adoption of a new weapon, means or method of warfare, a High Contracting Party is under an obligation to determine whether its employment would, in some or all circumstances, be prohibited by this Protocol or by any other rule of international law applicable to the High Contracting Party.” Article 36, Addition Protocol I to the Geneva Conventions 1949

11. Technological change & the response: two centuries, two texts “ The Contracting or Acceding Parties reserve to themselves to come hereafter to an understanding whenever a precise proposition shall be drawn up in view of future improvements which science may effect in the armament of troops, in order to maintain the principles which they have established, and to conciliate the necessities of war with the laws of humanity.” Declaration Renouncing the Uses in Time of War of Explosive Projectiles Under 400 Grammes Weight, St. Petersburg Declaration, 29 Nov./11 Dec. 1868. “In the study, development, acquisition or adoption of a new weapon, means or method of warfare, a High Contracting Party is under an obligation to determine whether its employment would, in some or all circumstances, be prohibited by this Protocol or by any other rule of international law applicable to the High Contracting Party.” Article 36, Addition Protocol I to the Geneva Conventions 1949

12. Technological change & the response: two centuries, two texts “ The Contracting or Acceding Parties reserve to themselves to come hereafter to an understanding whenever a precise proposition shall be drawn up in view of future improvements which science may effect in the armament of troops, in order to maintain the principles which they have established, and to conciliate the necessities of war with the laws of humanity.” Declaration Renouncing the Uses in Time of War of Explosive Projectiles Under 400 Grammes Weight, St. Petersburg Declaration, 29 Nov./11 Dec. 1868. “In the study, development, acquisition or adoption of a new weapon, means or method of warfare, a High Contracting Party is under an obligation to determine whether its employment would, in some or all circumstances, be prohibited by this Protocol or by any other rule of international law applicable to the High Contracting Party.” Article 36, Addition Protocol I to the Geneva Conventions 1949

13. Technological change & the response: two centuries, two texts “ The Contracting or Acceding Parties reserve to themselves to come hereafter to an understanding whenever a precise proposition shall be drawn up in view of future improvements which science may effect in the armament of troops, in order to maintain the principles which they have established, and to conciliate the necessities of war with the laws of humanity.” Declaration Renouncing the Uses in Time of War of Explosive Projectiles Under 400 Grammes Weight, St. Petersburg Declaration, 29 Nov./11 Dec. 1868. “In the study, development, acquisition or adoption of a new weapon, means or method of warfare, a High Contracting Party is under an obligation to determine whether its employment would, in some or all circumstances, be prohibited by this Protocol or by any other rule of international law applicable to the High Contracting Party.” Article 36, Addition Protocol I to the Geneva Conventions 1949

14. Technological change & the response: two centuries, two texts “ The Contracting or Acceding Parties reserve to themselves to come hereafter to an understanding whenever a precise proposition shall be drawn up in view of future improvements which science may effect in the armament of troops, in order to maintain the principles which they have established, and to conciliate the necessities of war with the laws of humanity.” Declaration Renouncing the Uses in Time of War of Explosive Projectiles Under 400 Grammes Weight, St. Petersburg Declaration, 29 Nov./11 Dec. 1868. “In the study, development, acquisition or adoption of a new weapon, means or method of warfare, a High Contracting Party is under an obligation to determine whether its employment would, in some or all circumstances, be prohibited by this Protocol or by any other rule of international law applicable to the High Contracting Party.” Article 36, Addition Protocol I to the Geneva Conventions 1949

15. How to teach? “…to include the study [of the text of the… Convention] in their programmes of military and, if possible, civil instruction.” Geneva Convention 1949 (IV), Article 144.

16. How to teach? How to decide how to teach? “…to include the study [of the text of the… Convention] in their programmes of military and, if possible, civil instruction.” Geneva Convention 1949 (IV), Article 144.

17. Science, the law, and their larger problems

18. Right to kill whales “…for purposes of scientific research.” International Convention for the Regulation of Whaling, Article VIII.

19. Science, the law, and their larger problems Right to kill whales “…for purposes of scientific research.” International Convention for the Regulation of Whaling, Article VIII. “The Court considers that Article VIII gives discretion to a State party to the ICRW to reject the request for a special permit or to specify the conditions under which a permit will be granted.

20. Science, the law, and their larger problems Right to kill whales “…for purposes of scientific research.” International Convention for the Regulation of Whaling, Article VIII. “The Court considers that Article VIII gives discretion to a State party to the ICRW to reject the request for a special permit or to specify the conditions under which a permit will be granted. However, whether the killing, taking and treating of whales pursuant to a requested special permit is for purposes of scientific research cannot depend simply on that State’s perception.” Whaling in the Antarctic (Austral. v. Japan: New Zeal. Intervening), Judgement of 31 March 2014, ICJ Rep. 2014 at p. 253 (para. 61).

21. Science, the law, and their larger problems Right to kill whales “…for purposes of scientific research.” International Convention for the Regulation of Whaling, Article VIII. “The Court considers that Article VIII gives discretion to a State party to the ICRW to reject the request for a special permit or to specify the conditions under which a permit will be granted. However, whether the killing, taking and treating of whales pursuant to a requested special permit is for purposes of scientific research cannot depend simply on that State’s perception.” Whaling in the Antarctic (Austral. v. Japan: New Zeal. Intervening), Judgement of 31 March 2014, ICJ Rep. 2014 at p. 253 (para. 61).