Science, and transportation united states senate

4. DISCUSSION OF THE DEVELOPMENT OF GENERAL PRINCIPLES AND OPERATING GUIDE-

LINES FOR WEATHER MODIFICATION

4.1 The meeting discussed in general terms the scientific, economic, ecological,

sociological and political considerations which need to be taken into account in

the development of general legal principles and operating guidelines for weather

modification activities. It then turned to a discussion of the background paper

on legal principles prepared by Professors E. B. Weiss and J. W. Samuels,

UNBP legal experts. It was made clear that the discussion was not aimed at

developing binding legal rules but rather at developing proposals for general

principles to be considered in the formulation of a future legal regime. The legal

experts expressed their desire for the advice of the scientists in the elaboration

of general legal principles and operating guidelines. The WMO experts noted

that they did not feel qualified to engage in detailed discussion of principles

which were essentially political in spirit.

4.2 The first proposed principle which recognized the interest of all mankind

in the weather was introduced. It was explained that this legal concept was

employed in other common resource areas, such as the deep sea-bed beyond the

limits of national jurisdiction. The meeting considered that a proper formulation

of this principle, in this context, would be: "The earth's atmosphere is a part

of the common heritage of mankind".

It was suggested that ultimately any statement of principles should be preceded

by a Preamble in which reference is made to the WMO Statement on Weather

Modification and the uncertainty of the state of the art. Furthermore, it was

suggested that any commentary on this principle should make reference to the

inextricable links between the atmosphere and other environmental spaces, e.g.

the world's oceans, which are also part of the common heritage of mankind.

4.3 Concerning the second proposed principle which called for the limitation

of the use of weather modification techniques to peaceful purposes, the meeting

was of the opinion that the inclusion of the following provision in the general

principles would be useful : "Any techniques developed to modify weather shall

be dedicated exclusively to peaceful purposes."

Whereas the original proposals concerned weather and climate modification, on

the advice of WMO experts reference is made only to weather modification.

4.4 The third proposed principle, which concerned the gathering and exchange

of meteorological information was introduced. It was made clear that the WMO

Convention already calls for such an exchange. Bearing this in mind, the meeting

was of the opinion that a useful formulation would be : "Further to the continued

exchange of meteorological and related information in accordance with the

WMO Convention, States shall facilitate the gathering and exchange of infor-

mation on weather modification activities and shall ensure that such information

is made available to WMO and to interested States."

It was noted that WMO already receives reports from States on weather

modification activities.

732

of prospective weather modification activities to interested States It was ex

plained that "adequate" and "timely" notification would help to defuse interna-

tional tension arising from misinformation and speculation concerning a neieh

hour s activities. "Adequate" imports that the information provided shows clearlv

what will be done. "Timely" means that the notified State is given the time to

analyze the information and consult with the acting State before the activitv

is conducted. In discussion, reference was made to UN General Assemblv reso

lutions 3129 (XXVIII) and 2995 (XXVII) in which the Assemblv expressed its

consideration that the development and management bv States of shared natural

resources should be based on a system of information and prior consultation in

the spirit of co-operation and good neighbourliness. It was pointed out that the

I NEP Governing Council was of the opinion that weather modification activi-

ties were related to the area of shared natural resources but that a separate

development of legal principles for weather modification is of value.

4.6 The meeting discussed in considerable detail the problems inherent in

the formulation of a principle concerning notification. In particular, the meeting

explored the questions of how the decision is made on whom to notify, and what

would be the mechanics of this notification. The WMO experts emphasized the

limitations of the state of the art and the problems this posed in suggesting that

neighbouring States might be affected by the weather modification activities. The

meeting considered that a useful wording of a principle on notification would be :

'•States shall in good faith give adequate and timely notification of prospective

major weather modification activities, within their jurisdiction or control, to

WMO which should transmit such notification to all interested States."

This formulation involves the concept of "major" activities. It is only for activi-

ties of this significance that notification is necessary. Because there is judgment

involved in what is "adequate", "timely" and "major", the notion of "good

faith" was included to provide some legal standard for the judgment.

4.7 The meeting turned to a consideration of the possibility of requiring

States to undertake an assessment of the environmental impact* of an activity

before it is conducted. The feasibility of such an assessment was questioned. The

possibility of incorporating the concept in the aforementioned fourth principle

was discussed and it was pointed out that the history of the development of

national environmental legislation in several States indicated that notification

and impact assessment were two separate requirements, to be dealt with as

distinct obligations.

4.8 Whilst the meeting was unable to concur in recommending a principle

concerned with the assessment, of the potential immediate and long-term environ-

mental effects of weather modification activities, the following formulation was

considered as being useful for further thought : "States shall ensure that a care-

ful assessment is made of the environmental impact of prospective major weather

modification activities within their jurisdiction or control, and shall make such

assessments available to WMO and all interested States".

4.9 Discussion then turned to the possibility of prohibiting certain weather

modification activities which offered the risk of significant harm, unless the con-

sent of all interested States is obtained. It was pointed out that analogous limi-

tation could be inferred from Recommendation 70 of the Stockholm Declaration

and from UN General Assembly Resolution 2995 (XXVII). Concern was expressed

that such a legal principle was unnecessary given the state of the art today and

that express application of the general limitations found in the Stockholm Dec-

laration, etc., to the field of weather modification was unwarranted. The meeting

decided that such a principle should be deferred for further consideration.

4.10 The meeting then moved lo consideration of the possibility of requiring

States to monitor weather modification activities under their jurisdiction and

control and to make such information available to interested States and the

WMO. It was pointed out that in several States there was already legislation pro-

viding for the obligation to monitor. The meaning of the word "monitor" was dis-

cussed and it was suggested that it imports the observance of and recording of

information concerning the conduct and effects of the activity during and after its

undertaking.

4.11 Although no agreement was reached concerning the degree of monitoring,

the meeting was of the opinion that the followng formulation was valuable for

further consideration: "States shall make every effort to ensure that weather

modification activities within their jurisdiction or control are monitored, and

733

ance with Principle Three".

4.12 The possibility was considered of a formulation which would apply Prin-

ciple 21 of the Stockholm Declaration to the field of weather modification, namely

that States should ensure that weather modification activities within their juris-

diction or control do not cause damage to the environment of other States or of

areas beyond the limits of national jurisdiction. The WMO experts considered

that it was premature to recommend such a principle in view of the present

limited state of scientific knowledge.

4.13 The meeting then moved to a discussion of the possibility of a principle

calling for consultation between the acting State and other interested States in

order to alleviate points of difference between the parties concerning proposed

weather modification activities. The legal experts of UNEP pointed out that such

consultation can be a useful means of mantaining friendly relations among States.

Mention was made of the agreement between Canada and the United States which

calls for such consultation in certain circumstances.

4.14 The meeting was of the opinion that a principle imposing a duty on States

to consult would not be desirable, but that the following draft text would be pref-

erable : "It is desirable that a State, in whose territory major weather modifica-

tion activities are to be undertaken, should engage in meaningful and timely con-

sultation with interested states at their request, with a view to working out

mutually acceptable arrangements regarding the conduct of those activities".

The meeting made note of the following points in this formulation. Firstly, it

concerns only "major" activities. Secondly "interested" States would involve the

notion of legitimate concern. Thirdly, the consultation would be at the request of

the interested States.

4.15 The meeting turned to the discussion of a possible principle recognizing

the obligation of States to compensate persons beyond their national frontiers for

significant damage caused by weather modification activities within their juris-

diction. It was noted that the state of the art today precluded any assessment of

damage and the WMO experts express the opinion that the recommendation of

any such principle was premature.

4.16 The legal experts of UNEP were of the opinion that it would be useful to

include the principle that States shall co-operate in the development of a legal

regime for the international regulation of weather modification activities.

4.17 In conclusion, reference was made to the future possibility of national

legislation to implement any international legal principles and operating guide-

lines. The view was expressed that it might be useful to include in the general

principles a provision that would call on States to adopt legislation to regulate

weather modification activities at the national level.

5. LEGAL ASPECTS OF THE WMO PRECIPITATION ENHANCEMENT PROJECT

5.1 In Resolution 12 (Cg-VII) the WMO Congress, in approving the Precipita-

tion Enhancement Project (PEP) as part of the Weather Modification Pro-

gramme of WMO requested the Executive Committee to give particular considera-

tion to minimizing and legal liability of WMO.

5.2 The meeting was informed that preliminary preparations for PEP were

already under way but that the experiment itself would not start for at least two

years and would toe of several years' duration.

5.3 It was agreed that in the implementation of PEP careful attention would

need to be given to the various legal aspects involved in any agreement between

WMO and the state in which PEP will be conducted (for example immunity and

liability in the case of gross negligence), and it was suggested that advice from

legal experts be sought by WMO in this respect. The meeting observed that con-

siderable legal experience had been acquired by organizations in the UN system

in conducting projects in many different States, and that experience had shown

that the time required to draw up such an agreement might amount to as much as

a year.

6. ADOPTION OF THE FINAL REPORT

The meeting was able to approve the text of the report of items 1 to 4 during

the session and it was agreed that the chairman and co-chairman should be

authorized to approve the remainder of the report on behalf of the meeting.

34-857 O - 79 - 49

734

7. CLOSING OF THE MEETING

able contributions, and especially for the great lengths to which the legal and

scientific experts had gone in endeavouring to understand each other's point of

view. Appreciation was expressed to the authors of the documents for the session

and for the support given by the WMO Secretariat. The representatives of UNEP

and WMO also associated themselves with these remarks. The meeting was

declared closed at 5 :30 p.m. on Thursday 20 November 1975.

WMO/UNEP Informal Meeting on Legal Aspects of Weather

Modification, Geneva, November 17 to 21, 1975

list of participants

Experts nominated by UNEP

J. W. Samuels (Co-Chairman), A. C. Kiss, M. Piskotin, P. H. Sand, and

E. Brown Weiss.

Representatives of UNEP

R. S. Mikhail, H. Ahmed, and P. A. Bliss.

Experts nominated by WMO

R. List (Chairman), A. L. Alusa, A. Gagin, P. Goldsmith, R. Lavoie, and Y.

Sedunov.

Representatives of WMO

0. M. Ashford, and N. K. Kljukin.

WMO Secretariat

R. D. Bojkov, E. Bollay, and R. M. Perry.

AGENDA

1. Organization of the meeting :

1.2 Adoption of the agenda.

2. Review of developments since the third session of the WMO Executive

Committee Panel on Weather Modification in November 1974 :

2.1 Relevant decisions of the third session of the Governing Council of

UNEP.

twenty-seventh session of the Executive Committee of WMO.

2.3 Relevant decisions of the Conference of the Committee on Disarma-

ment (CCD) of the United Nations.

3. Review of the State of the Art and possible developments :

3.1 National laws related to weather modification.

3.2 The science of weather modification.

3.3 Legal problems facing public and private operators.

4. Discussion of the development of general principles and operating guide-

lines for weather modification experiments and operations.

5. Legal aspects of the WMO precipitation enhancement project.

6. Adoption of the final report.

7. Closing of the meeting.

list of supporting papers available at the time of the meeting

2.1 : The decisions of UNEP Governing Council.

2.2: The decisions of Seventh WMO Congress and twenty-seventh WMO

Executive Committee.

2.3 : The draft-convention proposed to CCD by U.S.A. and U.S.S.R. on 21

August 1975.

8.3 : Review paper prepared by UNEP consultant Professor Samuels.

8.2 : Official WMO Statement on the present state of knowledge.

8.8 : Review paper prepared by UNEP consultant Professor Samuels.

4: Review paper prepared by UNEP consultants Professor Samuels and E.

Brown Weiss.

6 : WMO decisions on Weather Modification Programme and Precipitation

Enhancement Project.

Appendix R

Text of Senate Resolution 71, Considered, Amended, and Agri

to July 11, 1973

93d CONGRESS

1st Session

S. RES. 71

[Report No. 93-270]

IN THE SENATE OF THE UNITED STATES

February 22,1973

Mr. Pell (for himself, Mr. Hath, Mr. Case, Mr. Chuhch, Mr. Cranston, Mr.

Gravel, Mr. Hart, Mr. Hoijjngs. Mr. Huohes, Mr. Humphrey, Mr. Javitk,

Mr. Kennedy, Mr. MuGovern, Mr. Mondale, Mr. Muskie, Mr. Nelson.

Mr. Stevenson. Mr. Tuxxey, and Mr. Williams) submitted tlie following

resolution; which was referred to the Committee on Foreign Relations

Jvne 27 (legislative day, June 25), 1973

Reported by Mr. Pell, with amendments

July 11,1973

Considered, amended, and agreed to

RESOLUTION

Expressing the sense of (lie Semite that the United States Gov-

ernment should seek the agreement of oilier governments to

a proposed treaty prohibiting the use of any environmental

or geophysical modification activity as a weapon of war, or

the carrying out of any research or experimentation directed

thereto.

Whereas there is vast scientific potential for human betterment

through environmental and geophysical controls; and

Whereas there is great danger to the world ecological system if

environmental and geophysical modification activities are not

controlled or if used indiscriminately; and

Whereas the development of weapons-oriented environmental

and geophysical modification activities will create a threat

to peace and world order; and

V

APPENDIX R

736

Whereas the United States Government should seek agreement

with other governments on the complete cessation of any

research, experimentation, or use of any such activity as a

weapon of war : Now, therefore, be it

1 Resolved, That it is the sense of the Senate that the

2 United States Government should seek the agreement of

3 other governments, including all Permanent Members of the

4 Security Council of the United Nations, to a treaty along the

5 following general lines which will provide for the complete

y cessation of any research, experimentation, and use of any

7 environmental or geophysical modification activity as a

3 weapon of war:

9 "The Parties to this Treaty,

10 "Recognizing the vast scientific potential for human

H betterment through environmental and geophysical

12 controls,

13 "Aware of the great danger to the world ecological

14 system of uncontrolled and indiscriminate use of environ-

15 menial and geophysical modification activities,

1G "Recognizing that the development of wcapons-

17 oriented environmental and geophysical modification

18 techniques will create a threat to peace and world order,

19 "Proclaiming as their principal aim the achievement

20 of an agreement on the complete cessation of research,

737

1 experimentation, and use of environmental and geo-

2 physical modification activities as weapons of war,

3 "Have agreed as follows:

4 "Article I

5 "(1) The States Parties to this Treaty undertake to

6 prohibit and prevent, at any place, any environmental or

7 geophysical modification activity as a weapon of war;

8 " (2) The prohibition in paragraph 1 of this article shall

9 also apply to any research or experimentation directed to

10 the development of any such activity as a weapon of war,

11 but shall not apply to any research, experimentation, or use

12 for peaceful purposes;

13 " (3) The States Parties to this Treaty undertake not to

14 assist, encourage or induce any State to carry out activities

15 referred to in paragraph 1 of this article and not to partiei-

](> pate in any other way in such actions.

17 "Article II

18 "In this Treaty, the term 'environmental or geophysical

19 modification activity' includes any of the following activities:

20 "(1) any weather modification activity which has

21 as a purpose, or has as one of its principal effects, a

22 change in the atmospheric conditions over any part of

23 the earth's surface, including, hut not limited to, any

24 activity designed to increase or decrease precipitation,

738

1 increase or suppress bail, lightning, or fog, and direct

2 or divert storm systems ;

3 "(2) any climate modification activity which has

4 as a purpose, or has as one of its principal effects, a

5 change in the long-term atmospheric conditions over

G any part of the earth's surface;

7 "(3) any earthquake modification activity which

8 has as a purpose, or has as one of its principal effects,

9 the release of the strain energy instability within the

10 solid rock layers beneath the earth's crust ;

n "(4) any ocean modification activity which has as

12 a purpose, or has as one of its principal effects, a change

13 in the ocean currents or the creation of a seismic dis-

14 turbance of the ocean (tidal wave) .

ir> "Article III

Hi "Five years after the entry into force of this Treaty, a

17 conference of Parties shall be held at (ieneva, Switzerland,

18 in order to review the operation of this Treaty with a view

1!) to assuring that the purposes of the preamble and the pro-

L»0 visions of I lie Treaty are being realized. Such review shall

21 take into account any relevant technological developments

22 in order to determine whether the definition in Article If

23 should be amended.

24 "Article IV

25 "1. Any Party may propose an amendment to this

26 Treaty. The text of any proposed amendment shall be sub-

739

1 mitted to the Depositary Governments which shall circulate

2 it to all parties to this Treaty. Thereafter, if requested to do

3 so hy one-third or more of the Parties, the Depositor}' (Jov-

4 ernments shall convene a conference, to which they shall

5 invite all the Parties, to consider such an amendment.

6 "2. Any amendment to this Treaty shall be approved

7 by a majority of the votes of all the Parties to this Treaty.

8 The amendment shall enter into force for all Parties upon the

9 deposit of instruments of ratification by a majority of all

10 the Parties.

11 "Article V

12 "1. This Treaty shall be of unlimited duration.

13 "2. Each Party shall, in exercising its national sov-

14 creignty, have the right to withdraw from the Treaty if it

13 decides that extraordinary events, related to the subject