Environmental Modification Convention

Last updated

Environmental Modification (ENMOD) Convention
Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques
ENMOD Convention parties.svg
Participation in the Environmental Modification Convention
  Parties
  Only signed
  Non-signatory
Drafted10 December 1976
Signed18 May 1977
Location Geneva, Switzerland
Effective5 October 1978
ConditionRatification by 20 states
Signatories48
Parties78 [1] (complete list)
Depositary Secretary-General of the United Nations
LanguagesEnglish, Arabic, Chinese, French, Russian, and Spanish
Full text
Wikisource-logo.svg Environmental Modification Convention at Wikisource

The Environmental Modification Convention (ENMOD), formally the Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques, is an international treaty prohibiting the military or other hostile use of environmental modification techniques having widespread, long-lasting or severe effects. It opened for signature on 18 May 1977 in Geneva and entered into force on 5 October 1978.

Contents

The Convention bans weather warfare, which is the use of weather modification techniques for the purposes of inducing damage or destruction. The Convention on Biological Diversity of 2010 would also ban some forms of weather modification or geoengineering. [2]

Many states do not regard this as a complete ban on the use of herbicides in warfare, such as Agent Orange, but it does require case-by-case consideration. [3]

Parties

The convention was signed by 48 states; 16 of the signatories have not ratified. As of 2022 the convention has 78 state parties. [1]

History

The problem of artificial modification of the environment for military or other hostile purposes was brought to the international agenda in the early 1970s. Following the US decision of July 1972 to renounce the use of climate modification techniques for hostile purposes, the 1973 resolution by the US Senate calling for an international agreement "prohibiting the use of any environmental or geophysical modification activity as a weapon of war", and an in-depth review by the Department of Defense of the military aspects of weather and other environmental modification techniques, US decided to seek agreement with the Soviet Union to explore the possibilities of an international agreement.

In July 1974, US and USSR agreed to hold bilateral discussions on measures to overcome the danger of the use of environmental modification techniques for military purposes and three subsequent rounds of discussions in 1974 and 1975. In August 1975, US and USSR tabled identical draft texts of a convention at the Conference of the Committee on Disarmament (CCD), Conference on Disarmament, where intensive negotiations resulted in a modified text and understandings regarding four articles of this Convention in 1976.

The convention was approved by Resolution 31/72 of the General Assembly of the United Nations on 10 December 1976, by 96 to 8 votes with 30 abstentions.

Environmental Modification Technique

Environmental Modification Technique includes 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.

Structure of ENMOD

The Convention contains ten articles and one Annex on the Consultative Committee of Experts. Integral part of the convention are also the Understandings relating to articles I, II, III and VIII. These Understandings are not incorporated into the convention but are part of the negotiating record and were included in the report transmitted by the Conference of the Committee on Disarmament to the United Nations General Assembly in September 1976 Report of the Conference of the Committee on Disarmament, Volume I, General Assembly Official records: Thirty-first session, Supplement No. 27 (A/31/27), New York, United Nations, 1976, pp. 91–92. [4]

Anthropogenic Climate Change

ENMOD treaty members are responsible for 83% of carbon dioxide emissions since the treaty entered into force in 1978. [5] The ENMOD treaty could potentially be used by ENMOD member states seeking climate-change loss and damage compensation from other ENMOD member states at the International Court of Justice. [6] With the knowledge that carbon dioxide emissions can enhance extreme weather events, the continued unmitigated greenhouse gas emissions from some ENMOD member states could be viewed as ‘reckless’ in the context of deliberately declining emissions from other ENMOD member states. It is unclear whether the International Court of Justice will consider the ENMOD treaty when it issues a legal opinion on international climate change obligations requested by the United Nations General Assembly on 29 March 2023. [7]

See also

Related Research Articles

<span class="mw-page-title-main">International Maritime Organization</span> Specialised agency of the United Nations

The International Maritime Organization is a specialised agency of the United Nations responsible for regulating shipping. The IMO was established following agreement at a UN conference held in Geneva in 1948 and the IMO came into existence ten years later, meeting for the first time in 17 March 1958. Headquartered in London, United Kingdom, IMO currently has 175 Member States and three Associate Members.

<span class="mw-page-title-main">Kyoto Protocol</span> 1997 international treaty to reduce greenhouse gas emissions

The Kyoto Protocol (Japanese: 京都議定書, Hepburn: Kyōto Giteisho) was an international treaty which extended the 1992 United Nations Framework Convention on Climate Change (UNFCCC) that commits state parties to reduce greenhouse gas emissions, based on the scientific consensus that global warming is occurring and that human-made CO2 emissions are driving it. The Kyoto Protocol was adopted in Kyoto, Japan, on 11 December 1997 and entered into force on 16 February 2005. There were 192 parties (Canada withdrew from the protocol, effective December 2012) to the Protocol in 2020.

The United Nations Framework Convention on Climate Change (UNFCCC) established an international environmental treaty to combat "dangerous human interference with the climate system", in part by stabilizing greenhouse gas concentrations in the atmosphere. It was signed by 154 states at the United Nations Conference on Environment and Development (UNCED), informally known as the Earth Summit, held in Rio de Janeiro from 3 to 14 June 1992. Its original secretariat was in Geneva but relocated to Bonn in 1996. It entered into force on 21 March 1994.

Arms control is a term for international restrictions upon the development, production, stockpiling, proliferation and usage of small arms, conventional weapons, and weapons of mass destruction. Arms control is typically exercised through the use of diplomacy which seeks to impose such limitations upon consenting participants through international treaties and agreements, although it may also comprise efforts by a nation or group of nations to enforce limitations upon a non-consenting country.

The Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare, usually called the Geneva Protocol, is a treaty prohibiting the use of chemical and biological weapons in international armed conflicts. It was signed at Geneva on 17 June 1925 and entered into force on 8 February 1928. It was registered in League of Nations Treaty Series on 7 September 1929. The Geneva Protocol is a protocol to the Convention for the Supervision of the International Trade in Arms and Ammunition and in Implements of War signed on the same date, and followed the Hague Conventions of 1899 and 1907.

<span class="mw-page-title-main">Disarmament</span> Act of reducing, limiting, or abolishing weapons, usually on a national scale

Disarmament is the act of reducing, limiting, or abolishing weapons. Disarmament generally refers to a country's military or specific type of weaponry. Disarmament is often taken to mean total elimination of weapons of mass destruction, such as nuclear arms. General and Complete Disarmament was defined by the United Nations General Assembly as the elimination of all WMD, coupled with the “balanced reduction of armed forces and conventional armaments, based on the principle of undiminished security of the parties with a view to promoting or enhancing stability at a lower military level, taking into account the need of all States to protect their security.”

<span class="mw-page-title-main">Weather modification</span> Act of intentionally altering or manipulating the weather

Weather modification is the act of intentionally manipulating or altering the weather. The most common form of weather modification is cloud seeding, which increases rain or snow, usually for the purpose of increasing the local water supply. Weather modification can also have the goal of preventing damaging weather, such as hail or hurricanes, from occurring; or of provoking damaging weather against the enemy, as a tactic of military or economic warfare like Operation Popeye, where clouds were seeded to prolong the monsoon in Vietnam. Weather modification in warfare has been banned by the United Nations under the Environmental Modification Convention.

<span class="mw-page-title-main">Biological Weapons Convention</span> 1975 treaty that comprehensively bans biological weapons

The Biological Weapons Convention (BWC), or Biological and Toxin Weapons Convention (BTWC), is a disarmament treaty that effectively bans biological and toxin weapons by prohibiting their development, production, acquisition, transfer, stockpiling and use. The treaty's full name is the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction.

<span class="mw-page-title-main">Conference on Disarmament</span> Multilateral disarmament forum

The Conference on Disarmament (CD) is a multilateral disarmament forum established by the international community to negotiate arms control and disarmament agreements based at the Palais des Nations in Geneva. The Conference meets annually in three separate sessions in Geneva.

Weather warfare is the use of weather modification techniques such as cloud seeding for military purposes.

<span class="mw-page-title-main">War and environmental law</span>

War can heavily damage the environment, and warring countries often place operational requirements ahead of environmental concerns for the duration of the war. Some international law is designed to limit this environmental harm.

<span class="mw-page-title-main">Ecocide</span> Mass environmental destruction from human activities

Ecocide has its roots in the Greek oikos (home) and the Latin cadere and describes the severe destruction of the natural environment, the home of humanity. The concept of ecocide originated in the 1970s after the United States devastated the environment in Vietnam through use of Agent Orange during the Vietnam War.

<span class="mw-page-title-main">Environmental impact of war</span> Environmental problems caused by warfare

Study of the environmental impact of war focuses on the modernization of warfare and its increasing effects on the environment. Scorched earth methods have been used for much of recorded history. However, the methods of modern warfare cause far greater devastation on the environment. The progression of warfare from chemical weapons to nuclear weapons has increasingly created stress on ecosystems and the environment. Specific examples of the environmental impact of war include World War I, World War II, the Vietnam War, the Rwandan Civil War, the Kosovo War and the Gulf War.

In political ecology and environmental policy, climate governance is the diplomacy, mechanisms and response measures "aimed at steering social systems towards preventing, mitigating or adapting to the risks posed by climate change". A definitive interpretation is complicated by the wide range of political and social science traditions that are engaged in conceiving and analysing climate governance at different levels and across different arenas. In academia, climate governance has become the concern of geographers, anthropologists, economists and business studies scholars.

United Nations General Assembly Resolution 31/72 referred the Environmental Modification Convention (ENMOD) “to all States for their consideration, signature, and ratification”. The resolution was adopted on 10 December 1976 at the 31st Session of the UN General Assembly. The convention aims to prohibit the military or other hostile use of environmental modification techniques that have widespread, long-lasting, or severe effects. The convention entered into force on 5 October 1978.

Common But Differentiated Responsibilities (CBDR) is a principle that was formalized in the United Nations Framework Convention on Climate Change (UNFCCC) of Earth Summit in Rio de Janeiro, 1992. The CBDR principle is mentioned in UNFCCC article 3 paragraph 1.., and article 4 paragraph 1. It was the first international legal instrument to address climate change and the most comprehensive international attempt to address negative impacts to global environment. The CBDR principle acknowledges that all states have shared obligation to address environmental destruction but denies equal responsibility of all states with regard to environmental protection.

New physical principles weapons are a wide range of weapons or systems created using emerging technologies, like wave, psychophysical, and genetic weapons.

References

  1. 1 2 "Convention on the prohibition of military or any other hostile use of environmental modification techniques". United Nations. Retrieved 4 August 2022.
  2. Unit, Biosafety (16 February 2015). "Welcome to COP 10". cbd.int.
  3. "Practice Relating to Rule 76. Herbicides". International Committee of the Red Cross. 2013. Retrieved 24 August 2013.
  4. The United Nations Office at Geneva. http://www.unog.ch
  5. "Data supplement to the Global Carbon Budget 2022". ICOS. doi:10.18160/gcp-2022.
  6. Jeff D. Colgan, William T. Colgan. "The U.N. Could Have a Secret Legal Weapon to Fight Climate Change". Foreign Policy.
  7. "General Assembly Adopts Resolution Requesting International Court of Justice Provide Advisory Opinion on States' Obligations Concerning Climate Change: UN Press". press.un.org.