But even if this argument were accepted, the provision clearly stipulates that the Conference can act only on the recommendation of the Executive Council. The US has failed to obtain such recommendation. Accordingly, the Conference has no power to act.
Some may argue that the terms of paragraph 19 of Article VIII confer the necessary power upon the Conference to act in the circumstances:
The Conference shall be the principal organ of the organization. It shall consider any question about matters or issues within the scope of this Convention, including those relating to powers and functions of the Executive Council and the Technical Secretariat. It may make recommendations and take decisions on any questions, matters or issues related to this Convention raised by a State Party or brought to its attention by the Executive Council.
But this provision does not specify the legal effect of the decisions or recommendations made by the Conference. Clearly, not every decision or recommendation adopted by the Conference would be valid and effective. For instance, a decision to permit certain States Parties to retain certain chemical weapons permanently and to use them at will would be of no legal effect. Similarly, a decision to appoint a person as Director General for life would be a nullity – as would a decision to appoint a person without the recommendation of Council.
Some may argue that the terms of paragraph 19 of Article VIII confer the necessary power upon the Conference to act in the circumstances:
The Conference shall be the principal organ of the organization. It shall consider any question about matters or issues within the scope of this Convention, including those relating to powers and functions of the Executive Council and the Technical Secretariat. It may make recommendations and take decisions on any questions, matters or issues related to this Convention raised by a State Party or brought to its attention by the Executive Council.
But this provision does not specify the legal effect of the decisions or recommendations made by the Conference. Clearly, not every decision or recommendation adopted by the Conference would be valid and effective. For instance, a decision to permit certain States Parties to retain certain chemical weapons permanently and to use them at will would be of no legal effect. Similarly, a decision to appoint a person as Director General for life would be a nullity – as would a decision to appoint a person without the recommendation of Council.