List of parties to the Biological Weapons Convention

[[Image:BWC Participation.svg|right|400px|thumb| Participation in the Biological Weapons Convention

{{legend|#00aa00|Signed and ratified}} {{legend|#008000|Acceded or succeeded}} {{legend|#008080|Unrecognized state, abiding by treaty}}

{{legend|#eeee00|Only signed}} {{legend|#ff1111|Non-signatory}}

]]

The list of parties to the Biological Weapons Convention encompasses the states who have signed and ratified or acceded to the international agreement outlawing biological weapons.

On 10 April 1972, the Biological Weapons Convention (BWC), also known as the Biological and Toxin Weapons Convention (BTWC) was opened for signature. The Netherlands became the first state to deposit the treaty that same day. The treaty came into force and closed for signature on 26 March 1975 with the deposit of ratification by 22 states. Since then, states that did not sign the treaty can now only accede to it.

A total of 196 states may become members of the Biological Weapons Convention, including all 193 United Nations member states, the Cook Islands, the Holy See, and Niue. To date, 170 states have ratified or acceded to the treaty, most recently Malawi on 2 April 2013. As well, the Republic of China (Taiwan), which is currently only recognized by, deposited their instruments of ratification of the BWC with the United States government prior to the US's decision to switch their recognition of the sole legitimate government of China from the Republic of China (ROC) to the People's Republic of China (PRC).

Several countries have declared reservations, in that their agreement to the treaty should not imply their complete satisfaction that the treaty allows the stockpiling of biological agents and toxins for "prophylactic, protective or other peaceful purposes", nor should the treaty imply recognition of other countries they do not recognise.

Summary

 * Ratified or Acceded: 170 states and the Republic of China
 * Signed only: 10 states
 * Non-signatories: 16 states

Ratified or acceded states
Multiple dates indicate the different days in which states submitted their signature or deposition, varied by location. This location is noted by: (L) for London, (M) for Moscow, and (W) for Washington D.C.

{{legend|#ccddff|Status unclear: see succession of colonies to the BWC below.}}


 * Notes

Unrecognized state, abiding by treaty
The Republic of China (Taiwan), which is currently only recognized by, deposited their instruments of ratification of the BWC with the United States government prior to the US's decision to switch their recognition of the sole legitimate government of China from the Republic of China (ROC) to the People's Republic of China (PRC) in 1971. When the PRC subsequently ratified the treaty, they described the ROC's ratification as "illegal". The ROC has committed itself to continue to adhere to the requirements of the treaty, and the United States has declared that they still consider them to be "bound by its obligations".

Non-signatory states
{{legend|#ccddff|Status unclear: see succession of colonies to the BWC below.}}


 * Notes

Succession of colonies to the BWC
The status of several former dependent territories of a state party to the BWC, who's administrating power ratified the Convention on their behalf, with regards to the Convention following their independence is currently unclear. According to the Vienna Convention on Succession of States in respect of Treaties, "newly independent states" (a euphemism for former colonies) receive a "clean slate", such that the new state does not inherit the treaty obligations of the colonial power, but that they may join multilateral treaties to which their former colonizers were a party without the consent of the other parties in most circumstances. Conversely, in "cases of separation of parts of a state" (a euphemism for all other new states), the new state remains bound by the treaty obligations of the state from which they separated. To date, this Convention has only been ratified by 22 states.

The United Kingdom attached a territorial declaration to their instrument of ratification of the BWC in 1975 stating in part that it applied to:

""... in respect of the United Kingdom of Great Britain and Northern Ireland, Dominica and Territories under the territorial sovereignty of the United Kingdom, as well as the State of Brunei, the British Solomon Islands Protectorate and, within the limits of the United Kingdom jurisdiction therein, the Condominium of New Hebrides [subsequently renamed Vanuatu].""

This declaration bound the territories of Dominica, Kiribati, Tuvalu and Vanuatu to the terms of the Convention.ref name=BWPP/> Following their independence, none of these states have made unambiguous declarations of succession to the BWC.

Dominica
After becoming independent in 1978, the Prime Minister of Dominica sent a note to the Secretary-General of the United Nations (UNSG) stating that:

"“The Government of Dominica declares that, with regard to multilateral treaties applied or extended to the former British Associated State of Dominica, it will continue to apply such terms of each treaty provisionally and on the basis of reciprocity until such time as it notifies the depositary authority of its decision in respect thereof.”"

Since then, the UK Treaty Office (as depositary) has not received an instrument of accession from Dominica, and the Government of Dominica does not consider itself bound by the Convention. However, Dominica is listed as a state party to the BWC in documents from the Meetings of the States Parties to the BWC.

Kiribati
In 1979, Kiribati gained their independence and subsequently the President of Kiribati sent a note to the UNSG stating that:

"... the Government of the Republic of Kiribati declares that, with regard to multilateral treaties applied or extended to the former Gilbert Islands it will continue to apply the terms of each such treaty provisionally and on the basis of reciprocity until such time as it notifies the depositary authority of its decision with respect thereto.”"

Since then, none of the depositaries for the BWC have received an instrument of accession or succession to the Convention from Kiribati. However, the Government of Kiribati has made statements suggesting that it does not consider itself a party to the treaty.

Tuvalu
Following independence in 1978, the Prime Minister of Tuvalu sent a note to the UNSC stating that:

""The Government of Tuvalu desires that it should be presumed that each treaty purporting or deemed to bind Tuvalu before Independence has been legally succeeded to by Tuvalu and that action should be based on such presumption unless and until the Government of Tuvalu decides that any particular treaty should be treated as having lapsed.""

Since then, none of the depositaries for the BWC have received an instrument of accession or succession to the Convention from Tuvalu. However, the Government of Tuvalu has made statements suggesting that it does not consider itself a party to the treaty.

Vanuatu
In 1980, the territory gained their independence. Vanuatu is listed as a state party to the BWC in documents from the Meetings of the States Parties to the BWC, however the UK depositary has not received an instrument of succession to the BWC from Vanuatu. As well, the Government of Vanuatu has made statements suggesting that it does not consider itself a party to the treaty.