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1
.
Convention on the prohibition
of military or any other hostile use of environmental modification
techniques
New York, 10 December 1976
Entry into force
:
5 October 1978, in accordance with article IX(3).
Registration
:
5 October 1978, No. 17119
Status
:
Signatories :
48. Parties :
76
Text
:
United Nations, Treaty Series , vol. 1108, p. 151 and depositary notification C.N.263.1978.TREATIES-12 of 27 October 1978 (rectification of the English text).
Note
:
The Convention was approved by the General Assembly of the United Nations in its resolution 31/721
of 10 December 1976. In application of paragraph 2 of the said
resolution, the Secretary-General decided to open the Convention for
signature and ratification by States from 18 to 31 May 1977 at Geneva,
Switzerland. Subsequently, the Convention was transmitted to the
Headquarters of the Organization of the United Nations at New York,
where it was open for signature by States until 4 October 1978.
The
Argentine Republic interprets the terms "widespread, long-lasting or
severe effects" in article I, paragraph 1, of the Convention in
accordance with the definitions agreed upon in the understanding on that
article. It likewise interprets articles II, III and VIII in accordance
with the relevant understandings.
Austria
Reservation: "Considering
the obligations resulting from its status as a permanently neutral
state, the Republic of Austria declares a reservation to the effect that
its co-operation within the frame work of this Convention cannot exceed
the limits determined by the Status of permanent neutrality and
membership with the United Nations."
Upon signature: "With
the proviso that the correct designation of the Federal Republic of
Germany in the Russian language is `Federativnuju Respubliku
Germaniju'."
16 June 1977
"The
correct designation of the Federal Republic of Germany in the Russian
language following the preposition `sa' in the Russian text was spelled
out in the afore-mentioned proviso as `Federativnuju Respubliku
Germaniju'."
Guatemala
Reservation: Guatemala
accepts the text of article III, on condition that the use of
environmental modification techniques for peaceful purposes does not
adversely affect its territory or the use of its natural resources.
Reservation: This Convention binds the State of Kuwait only towards States Parties thereto. Its obligatory character shall ipso facto terminate with respect to any hostile state which does not abide by the prohibition contained therein.
Understanding: "It
is understood that accession to the Convention on the Prohibition of
Military or any other hostile use of Environmental Modification
Techniques, done in Geneva, 1977, does not mean in any way recognition
of Israel by the State of Kuwait. Furthermore, no treaty relation will
arise between the State of Kuwait and Israel."
Netherlands
Declaration: "The
Kingdom of the Netherlands accepts the obligations laid down in article
1 of the said Convention as extending to states which are not a party
to the Convention and which act in conformity with article 1 of the
Convention."
New Zealand
"The
Government of New Zealand hereby declares its interpretation that
nothing in the Convention detracts from or limits the obligations of
States to refrain from military or any other hostile use of
environmental modification techniques which are contrary to
international law".
Republic of Korea
"It
is the understanding of the Government of the Republic of Korea that
any technique for deliberately changing the natural state of rivers
falls within the meaning of the term 'environmental modification
techniques' as defined in article II of the Convention. "It is
further understood that military or any other hostile use of such
techniques, which could cause flooding, inundation, reduction in the
water-level, drying up, destruction of hydrotechnical installations or
other harmful consequences, comes within the scope of the Convention,
provided it meets the criteria set out in article I therefore."
Switzerland
Because
of the obligation incumbent upon it by virtue of its status of
perpetual neutrality, Switzerland must make a general reservation
specifying that its co-operation in the framework of this Convention
cannot go beyond the limits imposed by this status. This reservation
refers, in particular, to article V, paragraph 5, of the Convention, and
to any similar clause which may replace or supplement this provision in
the Convention (or in any other arrangement).
Turkey
Upon signature:
Interpretative statement: "In
the opinion of the Turkish Government the terms ‘wide- spread’, ‘long
lasting’ and ‘severe effects’ contained in the Con- vention need to be
clearly defined. So long as this clarification is not made the
Government of Turkey will be compelled to in- terpret itself the terms
in question and consequently it reserves the right to do so as and when
required. "Furthermore, the Government of Turkey believes
that the difference between `military or any other hostile purposes' and
`peaceful purposes' should be more clearly defined so as to pre- vent
subjective evaluations."
Territorial Application
Participant
Date of receipt of the notification
Territories
United Kingdom of Great Britain and Northern Ireland 11
16 May 1978
United Kingdom Sovereign Base Areas of Akrotiri and
Dhekelia in the Island of Cyprus, Association of Caribbean States,
Brunei, Solomon Islands and United Kingdom Territories
End Note
1. Official Records of the General Assembly, Thirty-first Session, Supplement No. 39 (A/31/39), p. 36.
2.With the following declaration with respect of Hong Kong Special Administrative Region and Macao Special Administrative Region:
In
accordance with the provisions of Article 153 of the Basic Law of the
Hong Kong Special Administrative Region of the People's Republic of
China and Article 138 of the Basic Law of the Macao Special
Administrative Region of the People's Republic of China, the Government
of the People's Republic of China decides that the Convention shall
apply to the Hong Kong Special Administrative Region and the Macao
Special Administrative Region of the People's Republic of China.
3.Czechoslovakia
had signed and ratified the Convention on 18 May 1977 and 12 May 1978,
respectively. See also note 1 under “Czech Republic” and note 1 under
“Slovakia” in the “Historical Information” section in the front matter
of this volume.
4.See note 1 under “Germany” regarding Berlin (West) in the “Historical Information” section in the front matter of this volume.
5.The
German Democratic Republic had signed and ratified the Convention on 18
May 1977 and 25 May 1978, respectively. See also note 2 under “Germany”
in the “Historical Information” section in the front matter of this
volume.
6.For
the Kingdom in Europe and the Netherlands Antilles. See also note 1
under “Netherlands” regarding Aruba/Netherlands Antilles in the
“Historical Information” section in the front matter of this volume.
7.The accession shall also apply to the Cook Islands and Niue.
8.Democratic
Yemen had acceded to the Convention on 12 June 1979. See also note 1
under “Yemen” in the “Historical Information” section in the front
matter of this volume.
9.The
Government of Argentina has specified that the understandings referred
to in the declaration are the Understandings adopted as part of the
report of the Conference of the Committee on Disarmament to the General
Assembly at its thirty-first session, published under the symbol
A/31/27. [Report of the Conference of the Committee on Disarmament to
the General Assembly (Volume I, Annex I).]
10.On
23 June 1980, the Secretary-General received from the Government of
Israel the following communication concerning the above-mentioned
understanding:
"The Government of Israel has noted the
political character of the statement made by the Government of Kuwait.
In the view of the Government of Israel, this Convention is not the
proper place for making such political pronouncements. Moreover, the
said declaration cannot in any way affect whatever obligations are
binding upon Kuwait, under general international law or under particular
conventions. Insofar as concerns the substance of the matter, the
Government of Israel will adopt towards the Government of Kuwait an
attitude of complete reciprocity."
11.See
note 2 under “United Kingdom of Great Britain and Northern Ireland”
regarding Hong Kong in the “Historical Information” section in the front
matter of this volume.
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