26 UST] United States Treaties and Other International Agreements: Canada - Weather - March 26, 1975
Agreement Between the United States of America and Canada Relating to the Exchange of
Information on WEATHER MODIFICATION Activities
The Government of the United States of America and the Government of Canada,
Aware, because of their geographic proximity, that the effects of WEATHER MODIFICATION activities carried out by either Party or its nationals may affect the territory of the other;
Noting the diversity of WEATHER MODIFICATION activities in both the United States and Canada by private parties, by State and Provincial authorities, and by the Federal Governments;
Believing that the existing state of knowledge warrants the expectation of further development over a period of time in the science and technology of WEATHER MODIFICATION;
Taking into particular consideration the special traditions of prior notification and consultation and the close cooperation that have historically characterized their relations;
Believing that a prompt exchange of pertinent information regarding the nature and extent of WEATHER MODIFICATION activities of mutual interest may facilitate the development of the technology of WEATHER MODIFICATION for their mutual benefit;
Recognizing the desirability of the development of international law relating to WEATHER MODIFICATION activities having transboundary effects;
Have agreed as follows;
Article I: As used in this Agreement:
(a) “WEATHER MODIFICATION activities,” means activities performed with the intention of producing artificial changes in the composition, behavior, or dynamics of the atmosphere;
(b) “WEATHER MODIFICATION activities of mutual interest” means WEATHER MODIFICATION activities carried out In or over the territory of a Party within 200 miles of the international boundary; or such activities wherever conducted, which, in the judgment of a Party, may significantly affect the composition, behavior, or dynamics of the atmosphere over the territory of the other Party;
(c) “Responsible agencies” means the National Oceanic and Atmospheric Administration of the United States and the Atmospheric Environment Service of Canada, or such other agencies as the parties may designate;
(d) “Reporting requirements” means the requirements established by the domestic laws or regulations of the Parties for reporting to the responsible agencies information relating to WEATHER MODIFICATION activities by persons or entities engaged in WEATHER MODIFICATION.
Article II: (1) Information relating to WEATHER MODIFICATION activities of mutual interest acquired by a responsible agency through its reporting requirements or otherwise, shall be transmitted as soon as practicable to the responsible agency of the other Party. Whenever possible, this information shall be transmitted prior to the commence of such activities. It is anticipated that such information will be transmitted within five working days of its receipt by a responsible agency.
(2) Information to be provided by the responsible agencies shall include copies of relevant reports received through the reporting procedures after the effective date of this Agreement, and such other information and interpretation as the responsible agency might consider appropriate.
(3) Nothing herein shall be construed to require transmission to the other responsible agency of information, the disclosure of which is prohibited by law, or of information which, in the judgment of the responsible agency, is proprietary information.
Article III: The responsible agencies shall consult with a view to developing compatible reporting formats, and to improving procedures for the exchange of information.
Article IV: In addition to the exchange of information pursuant to Article II of this Agreement, each Party agrees to notify and to fully inform the other concerning any WEATHER MODIFICATION activities of mutual interest conducted by it prior to the commence of such activities. Every effort shall be made to provide such notice as far in advance of such activities as may be possible, bearing in mind the provisions of Article V of this Agreement.
Article V: The Parties agree to consult, at the request of either Party, regarding particular WEATHER MODIFICATION activities of mutual interest. Such consultations shall be initiated promptly on the request of a Party, and in cases of urgency may be undertaken through telephonic or other rapid means of communication. Consultations shall be carried out in light of the Parties’ laws, regulations, and administrative practices regarding WEATHER MODIFICATION.
Article VI: The Parties recognize that extreme emergencies, such as forest fires, may require immediate commence by one of them of WEATHER MODIFICATION activities of mutual interest notwithstanding the lack of sufficient time for prior notification pursuant to Article IV, or for consultation pursuant to Article V. In such cases, the Party commencing such activities shall notify and fully inform the other Party as soon as practicable, and shall promptly enter into consultations at the request of the other Party.
Article VII: Nothing herein relates to or shall be construed to affect the question of responsibility or liability for WEATHER MODIFICATION activities, or to imply the existence of any generally applicable rule of international law.
Article VIII: Each Party shall conduct an annual review of this Agreement while it remains in force, and shall inform the other of its views regarding the Agreement’s operation and effectiveness and the desirability of its amendment to reflect the evolution of the science and technology of WEATHER MODIFICATION and of international law. The Parties shall meet periodically, by mutual agreement, or at the request of either, to review the implementation of this Agreement or to consider other issues related to WEATHER MODIFICATION.
Article IX: This Agreement shall enter into force upon signature. It may be amended by mutual agreement of the Parties and may be terminated by either Party upon six months written notice to the other Party. (United States Treaties and Other International Agreements, Volume 26, In Three Parts, Part 1, 1975; TIAS 8056, 26 UST, pp. 540-546)
31 UST] United States Treaties and Other International Agreements:
Prohibition of Military or Any Other Hostile Use of
Environmental modification Techniques
Convention done at Geneva May 18, 1977; Ratification advised by the Senate of the United States of America November 28, 1979; Ratified by the President of the United States of America December 13, 1979; Ratification of the United States of America deposited with the Secretary-General of the United Nations January 17, 1980; Proclaimed by the President of the United States of America February 12, 1980; Entered into force with respect to the United States of America January 17, 1980.
By the President of the United States of America
Considering That: The Convention on the Prohibition of Military or Any Other Hostile Use of Environmental modification Techniques was opened for signature at Geneva on May 18, 1977, and was signed on behalf of the United States of America on that date, a certified copy of which Convention is hereto annexed;
The Senate of the United States of America by its resolution of November 28, 1979, two-thirds of the Senators present concurring therein, gave its advice and consent to the ratification of the Convention;
The President of the United States of America ratified the Convention on December 13, 1979, in pursuance of the advice and consent of the Senate;
The United States of America deposited its instrument of ratification on January 17, 1980, in accordance with the provisions of Article IX of the Convention;
The Convention entered into force for the United States of America on January 17, 1980.
Desiring also to contribute to the strengthening of trust among nations and to the further improvement of the international situation in accordance with the purposes and principles of the Charter of the United Nations. (TS 993; 59 Stat. 1031)
Have agreed as follows:
1. Each State Party to this Convention undertakes not to engage in military or any other hostile use of environmental modification techniques having widespread, long-lasting or severe effects as the means of destruction, damage or injury to any other State Party.
2. Each State Party to this Convention undertakes not to assist, encourage or induce any State, group of States or international organization to engage in activities contrary to the provisions of paragraph 1 of this article.
Article II: As used in article I, the term “environmental modification techniques” refers to any technique for changing - through the deliberate manipulation of natural process - the dynamics, composition or structure of the Earth, including its biota, lithosphere, hydrosphere and atmosphere, or of outer space.
1. The provisions of this Convention shall not hinder the use of environmental modification techniques for peaceful purposes and shall be without prejudice to the generally recognized principles and applicable rules of international law concerning such use.
31 UST] Multi. - Enviorn. Modification - May 18, 1979
2. The States Parties to this Convention undertake to facilitate, and have the right to participate in, the fullest possible exchange of scientific and technological information on the use of environmental modification techniques for peaceful purposes. States Parties in a position to do so shall contribute, alone or together with other States or international organizations, to international economic and scientific co-operation in the preservation, improvement and peaceful utilization of the environment, with due consideration for the needs of the developing areas of the world.
Article IV: Each State Party to this Convention undertakes to take any measures it considers necessary in accordance with its constitutional processes to prohibit and prevent any activity in violation of the provision of the Convention anywhere under its jurisdiction or control.
1. The States Parties to this Convention undertake to consult one another and to co-operate in solving any problems which may arise in relation to the objectives or, or in the application of the provisions of, the Convention. Consultation and co-operation pursuant to this article may also be undertaken through appropriate international procedures within the framework of the United Nations and in accordance with its Charter. These international procedures may include the services of appropriate international organizations, as well as of a Consultative Committee of Experts as provided for in paragraph 2 of this article.
2. For the purposes set forth in paragraph 1 of this article, the Depositary shall, within one month of the receipt of a request from any State Party to this Convention, convene a Consultative Committee of Experts. Any State Party may appoint an expert to the Committee whose functions and rules of procedure are set out in the annex, which constitutes an integral part of this Convention. The Committee shall transmit to the Depositary a summary of its findings of fact, incorporating all views and information presented to the Committee during its proceedings. The Depositary shall distribute the summary to all States Parties.
3. Any State Party to this Convention which has reason to believe that any other State Party is acting in breach of obligations deriving from the provisions of the Convention may lodge a complaint with the Security Council of the United Nations. Such a complaint should include all relevant information as well as all possible evidence supporting its validity.
4. Each State Party to this Convention undertakes to co-operate in carrying out any investigation which the Security Council may initiate, in accordance with the provisions of the Charter of the United Nations, on the basis of the complaint received by the Council. The Security Council shall inform the States Parties of the results of the investigation.
5. Each State Party to this Convention undertakes to provide or support assistance, in accordance with the provisions of the Charter of the United Nations, to any State Party which so requests, if the Security Council decides that such Party has been harmed or is likely to be harmed as a result of violation of the Convention
1. Any State Party to this Convention may propose amendments to the Convention. The text of any proposed amendment shall be submitted to the Depositary, who shall promptly circulate it to all States Parties.
2. An amendment shall enter into force for all States Parties to this Convention which have accepted it, upon the deposit with the Depositary of instruments of acceptance by a majority of States Parties. Thereafter it shall enter into force for any remaining State Party on the date of deposit of its instrument of acceptance.
Article VII: This Convention shall be of unlimited duration.
1. Five years after the entry into force of this Convention, a conference of the States Parties to the Convention shall be convened by the Depositary at Geneva, Switzerland. The conference shall review the operation of the Convention with a view to ensuring that its purposes and provisions are being realized, and shall in particular examine the effectiveness of the provisions of paragraph 1 of article I in eliminating the dangers of military or any other hostile use of environmental modification techniques.
2. At intervals of not less than five years thereafter, a majority of the States Parties to this Convention may obtain, by submitting a proposal to this effect to the Depositary, the convening of a conference with the same objectives.
3. If no conference has been convened pursuant to paragraph 2 of this article within ten years following the conclusion of a previous conference, the Depository shall solicit the views of all States Parties to this Convention concerning the convening of such a conference. If one third or ten of the States Parties, whichever number is less, respond affirmatively, the Depositary shall take immediate steps to convene the conference.
1. This Convention shall be open to all States for signature. Any State which does not sign the Convention before its entry into force in accordance with paragraph 3 of this article may accede to it at any time.
2. This Convention shall be subject to ratification by signatory States. Instruments of ratification or accession shall be deposited with the Secretary-General of the United Nations.
3. This Convention shall enter into force upon the deposit of instruments of ratification by twenty Governments in accordance with paragraph 2 of this article.
4. For those States whose instruments of ratification or accession are deposited after the entry into force of this Convention, it shall enter into force on the date of the deposit of their instruments of ratification or accession.
5. The Depositary shall promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification or accession and the date of the entry into force of this Convention and of any amendments thereto, as well as of the receipt of other notices.
6. This Convention shall be registered by the Depositary in accordance with Article 102 of the Charter of the United Nations.
This Convention, of which the English, Arabic, Chinese, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send duly certified copies thereof to the Governments of the signatory and acceding States.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Convention, opened for signature at Geneva on the eighteenth day of May, one thousand nine hundred and seventy-seven.
Annex to the Convention
Consultative Committee of Experts
1. The Consultative Committee of Experts shall undertake to make appropriate findings of fact and provide expert views relevant to any problem raised pursuant to paragraph 1 of article V of this Convention by the State Party requesting the convening of the Committee.
2. The work of the Consultative Committee of Experts shall be organized in such a way as to permit it to perform the functions set forth in paragraph 1 of this annex. The Committee shall decide procedural questions relative to the organization of its work, where possible by consensus, but otherwise by a majority of those present and voting. There shall be no voting on matters of substance.
3. The Depositary or his representative shall serve as the Chairman of the Committee.
4. Each expert may be assisted at meetings by one or more advisers.
5. Each expert shall have the right, through the Chairman, to request from States, and from international organizations, such information and assistance as the expert considers desirable for the accomplishment of the Committee’s work. (United States Treaties and Other International Agreements, Volume 31, In Six Parts, Part 1, 1979, 31 UST, TIAS 9614, pp. 333-342)