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accordance with the provisions of part I, section I
accordance with international law. Part I, Sec. II of the 1958 Convention on the Territo Zone (TIAS 5639; 15 UST 1606; entered into force fo 1964) is entitled “Limits of the Territorial Sea."
The U.S. is one of three depositary governme Prohibiton of the Emplacement of Nuclear Weapons Destruction on the Seabed and the Ocean Floor (1971).
Conventional Arms C
Ambassador Joseph Martin, Jr., U.S. Conference of the Committee on Disarma ment to the opening session of the resume on March 4, 1975, recommended that th conventional arms should be added to the by the Committee.
See Dept. of State Bulletin, Vol. LXXII, No. 1867,
In an address at the conclusion of the s at Geneva on April 10, 1975, Ambassado readiness to cooperate in developing reg conventional arms control and to respect he also stressed the need to identify pr could be applied on a worldwide basis. He self-restraining principles as voluntary states to assume responsibility for maki adverse effect on regional or internatio they acquire or transfer; (2) consult: states—whether in or outside a partic effects of arms acquisitions; (3) consider and cultural factors, and not merely po deciding upon the need for arms acquisi tal review and authorization for expo equipment used for the manufacture of :
See Dept. of State Bulletin, Vol. LXXII, No. 18
On August 21, 1975, the Chief Repr States and Soviet delegations to the Coi on Disarmament (CCD), who were als nation Committee, tabled, in parallel, “Convention on the Prohibition of Mili Use of Environmental Modification Tech result of bilateral talks pursuant to the Summit Joint Statement of July 3, 1974, in which the United States and the Soviet Union advocated effective measures to overcome the dangers of use of environmental modification techniques for military purposes. The U.N. General Assembly, in Resolution 3264 (XXIX), adopted December 9, 1974, had requested the CCD to proceed as soon as possible to achieving agreement on the text of such a convention. See the 1974 Digest, pp. 744_745.
U.S. Arms Control and Disarmament Agency Press Release, No. 75–19, Aug. 21, 1975. Dept. of State Bulletin, Vol. LXXIII, No. 1890, Sept. 15, 1975, pp. 417– 420. The text of the joint treaty draft follows: CONVENTION ON THE PROHIBITION OF MILITARY OR ANY OTHER HOSTILE USE OF ENVIRONMENTAL MODIFICATION TECHNIQUES The states party to this Convention,
Guided by the interest of consolidating peace, and wishing to contribute to the cause of limiting the arms race, and of bringing about disarmament, and of saving mankind from the danger of using new means of warfare;
Recognizing that scientific and technical advances may open new possibilities with respect to modification of the environment;
Realizing that military use of environmental modification techniques could have widespread, long-lasting or severe effects harmful to human welfare, but that the use of environmental modification techniques for peaceful purposes could improve the interrelationship of man and nature and contribute to the preservation and improvement of the environment for the benefit of present and future generations;
Desiring to limit the potential danger to mankind from means of warfare involving the use of environmental modification techniques;
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, Have agreed as follows:
Article 1 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 another 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 provision 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 processes the dynamics, composition or structure of the Earth, including its biota, lithosphere, hydrosphere, and atmosphere, or of outer space, so as to cause such effects as earthquakes and tsunamis, an upset in the ecological balance of a region, or changes in weather patterns (clouds, precipitation, cyclones of various types and tornadic storms), in the state of the ozone layer or ionosphere, in climate patterns, or in ocean currents.
Article III The provisions of this Convention shall not hinder the use of environmental modification techniques for peaceful purposes by states party, or international economic and scientific cooperation the utilization, preservation and improvement of the environment for peaceful purposes.
Article IV Each state party to this Convention undertakes, in accordance with its constitutional processes, to take any necessary measures to prohibit and prevent any activity in violation of the provisions of the Convention anywhere under its jurisdiction or control.
1. The states party to this Convention undertake to consult one another and to cooperate in solving any problems which may arise in relation to the objectives of, or in the application of the provisions of this Convention. Consultation and cooperation 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.
2. Any state party to this Convention which finds 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 possible evidence confirming its validity, as well as a request for its consideration by the Security Council.
3. Each state party to this Convention undertakes to cooperate 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 party to the Convention of the results of the investigation.
4. Each state party to this Convention undertakes to provide or support assistance, in accordance with the United Nations Charter, to any party to the Convention 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
1. Any state party may propose amendments to this Convention. The text of any proposed amendment shall be submitted to
which shall circulate it to all states party.
2. An amendment shall enter into force for all states party which have accepted it, upon the deposit with
of instruments of acceptance by Thereafter it shall enter into force for any remaining state party on the date of deposit of its instruments of acceptance.
This Convention shall be of unlimited duration.
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 and instruments of accession shall be deposited with
3. This Convention shall enter into force after the deposit of instruments of ratification by
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
shall promptly inform all signatory and acceding states of the date of each signature, the date of deposit of each instrument of ratification or of accession and the date of the entry into force of this Convention, and of the receipt of other notices. 6. This Convention shall be registered by
in accordance with Article 102 of the Charter of the United Nations.
This Convention, the Chinese, English, French, Russian, and Spanish texts of which are equally authentic, shall be deposited with
who shall send certified copies thereof to the governments of the signatory and acceding
In witness whereof, the undersigned, duly authorized thereto, have signed this Convention.
UNGA Res. 3475 (XXX) of Dec. 11, 1975, requested the CCD to continue negotiations with a view to agreeing in 1976 on the text of a convention, and to report to the General Assembly at its 31st Sess.
Dr. Fred C. Iklé, Director of the Arms Control and Disarmament Agency, responded in letters of September 11 and September 24, 1975, to questions raised by Representative Gilbert Gude with respect to the draft convention on environmental modification. His letter of September 11 contained the following statements:
The second article of the draft convention defines the term “environmental modification techniques” to include weather as well as climate modification techniques. Distinctions that are sometimes drawn between the weather and the climate would not in any way exclude weather modification from the prohibition of the draft convention. Thus, hostile uses of weather modification techniques having widespread, long-lasting, or severe effects would be prohibited.
The draft does not include a prohibition on research and development activities for military purposes. Such a prohibition was not included because of the difficulty of distinguishing between military and civilian research and development in terms of their end use or purpose.
Concerning your suggestion that the U.S. support the international scientific research to be conducted by the World Meteorological Organization, I wish to assure you that the U.S. will support such research.
The following additional explanations are given in Dr. Iklé's letter of September 24:
The term “environmental modification techniques”, as used in the draft, encompasses all forms of weather modification, including precipitation modification, and the dispersal or creation of fog. The Convention would prohibit any hostile use of such techniques having widespread, long-lasting or severe effects as the means of destruction, damage or injury to another state party. Thus, the Convention would permit the non hostile use of weather modification techniques, for example fog dispersal to facilitate the launch or recovery of aircraft at one's own airfields, since this does not constitute use as a means of destruction, damage or injury.
The United States precipitation modification efforts in Southeast Asia during the 1960's apparently did not achieve the damaging effects on the enemy that are the inherent objective of military operations, thus demonstrating the present substantial inadequacies in the technology of precipitation modification. However, it is my view that if future progress should make this technology effective so that its use had widespread, long-lasting or severe effects, its use would be prohibited. If drought were the objective, the same would be true.
The anticipatory nature of the proposed Convention carries with it many of the basic uncertainties of the future, and I anticipate criticisms of different aspects of the agreement from several sides. The alternative to action now would be to attempt restraint at a later time, when the possibilities of hostile use of environmental modification techniques may be more real. An agreement on prohibitions might then be more difficult to achieve.
For the texts of Representative Gude's letters of inquiry and Dr. Ikle's replies, see Cong. Rec., Vol. 121, No. 154, Oct. 21, 1975, pp. H10179–10180 (daily ed.).
Mutual and Balanced Force Reductions
On September 22, 1975, Secretary of State Kissinger made an address to the 30th General Assembly of the United Nations expressing U.S. support for renewed negotiations on mutual and balanced force reductions. He stated:
Another urgent task is a substantial reduction in the high levels of military forces now confronting each other in various parts of the world. The United States believes that the time has come to give new impetus to the negotiations on mutual and balanced force reductions in Central Europe. The significance of the Conference on Security and Cooperation in Europe depends importantly on whether we can achieve progress in this area. An agreement that enhances mutual security in Central Europe is feasible and essential. We will work toward this goal.
For the full text of Secretary Kissinger's address, see Dept. of State Bulletin, Vol. LXXIII, No. 1894, Oct. 13, 1975, pp. 545–553. The North Atlantic Council, meeting in Ministerial session in Brussels on Dec. 11 and 12, 1975, issued a communique in which the Ministers stressed that existing disparities in ground force manpower and tanks were the most destabilizing factor in Central Europe and reconfirmed an Allied proposal to establish in the area of reductions “approximate parity in ground forces in the form of a common collective ceiling for ground force manpower on each side.” The Ministers also reaffirmed the principle that NATO forces should not be reduced except in the context of a Mutual and Ba