Decree No 77 / 1980 Coll.
Decree of the Minister for Foreign Affairs on the Convention concerning the prohibition of military or any other hostile use of environmental-changing devices
Valid
Effective from 05.10.1978
77
DECLARATION
Minister for Foreign Affairs
of 25 April 1980
concerning the Convention concerning the prohibition of military or any other hostile use of environmental instruments
On 18 May 1977, the Convention on the prohibition of military or any other hostile use of environmental instruments was signed in Geneva.
The Convention was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Republic. The instruments of ratification were deposited with the Secretary-General of the United Nations on 12 May 1978.
The Convention entered into force on 5 October 1978 on the basis of Article IX (3) thereof and also entered into force on that date for the Czechoslovak Socialist Republic.
The Czech translation of the text of the Convention is announced simultaneously.
Minister:
Ing. Chupek v. r.
CONVENTION
prohibiting military or any other hostile use of environmental-changing devices
Contracting States to this Convention,
managing the interests of strengthening peace and wishing to contribute to stopping arms racing and achieving universal and full disarmament under strict and effective international control, to relieving humanity of the risk of using new means of fighting,
fully committed to continuing negotiations with a view to making effective progress towards taking further disarmament measures,
Recognising that scientific and technological progress may open up new possibilities in the field of environmental performance,
Taking into account the Declaration of the United Nations Conference on the Environment adopted in Stockholm on 16 June 1972,
Recognising that the use of environmental resources for peaceful purposes could improve the relationship between man and nature and would help preserve and improve the environment in favour of current and future generations,
Recognising, however, that the military or any other hostile use of such devices could have extremely damaging consequences for people's well-being,
Desiring to effectively prohibit the military or any other hostile use of environmental change devices in order to rid mankind of the danger of such use and to confirm their wish to act in the direction of achieving this objective,
also seeking to contribute to deepening trust between nations and further improving the international situation in line with the objectives and principles of the United Nations Charter,
agree on the following:
1. Each Contracting State of this Convention undertakes not to resort to military or any other hostile use of environmental change devices which have extensive, long-term or serious consequences such as destruction, damage or harm to any other Contracting State.
2. Each Contracting State of this Convention undertakes not to assist, encourage and encourage any State, group of States or international organisation to engage in activities contrary to the provisions of paragraph 1 of this Article.
The term "environmental change 'used in Article I applies to all means of inducing change - through the deliberate management of natural processes - the dynamics, composition or structure of the Earth, including its biota, lithosphere, hydrosphere, atmosphere or space.
1. The provisions of this Convention shall not prevent the use of environmental resources for peaceful purposes and shall not affect universally accepted principles and applicable rules of international law relating to such application.
2. The Contracting States of this Convention undertake to assist, and have the right to participate in, the widest possible exchange of scientific and technical information on the use of environmental resources for peaceful purposes. The Contracting States of this Convention which are able to do so shall contribute individually or jointly with other States or international organisations to international economic and scientific cooperation in the field of conservation, improvement and peaceful use of the environment, taking due account of the needs of the world's developing areas.
Each Contracting State of this Convention undertakes to take, in accordance with its constitutional procedure, all measures which it considers necessary for the purpose of prohibiting and preventing any activity infringing the provisions of this Convention from occurring anywhere within its jurisdiction or control.
1. The Contracting States of this Convention undertake to consult and cooperate with each other in addressing any issues which may arise in relation to the objectives or in connection with the fulfilment of the provisions of this Convention. Consultations and cooperation in accordance with this Article may also be carried out through relevant international procedures within the United Nations and in accordance with its Charter. Such international procedures may include the use of the services of relevant international organisations as well as the Advisory Committee of Experts referred to in paragraph 2 of this Article.
2. For the purposes of paragraph 1 of this Article, the depositary shall convene a meeting of the Advisory Committee of Experts within one month of receipt of the request from any Contracting State. Each Contracting State may appoint an expert to a committee whose functions and rules of procedure are set out in the Annex which forms an integral part of this Convention. The Committee shall forward to the depositary a summary of the document on the actual circumstances established by it, which shall necessarily include all opinions and information submitted to the Committee during its meeting. The depositary shall circulate this document to all Contracting States.
3. Any Contracting State of this Convention which has reason to believe that any other Contracting State by its actions is in breach of its obligations under the provisions of the Convention may lodge a complaint with the United Nations Security Council. Such a complaint shall contain all information relating to such a case, as well as any possible evidence confirming its legitimacy.
4. Each Contracting State of this Convention undertakes to cooperate in carrying out any investigations that may be undertaken by the Security Council in accordance with the provisions of the United Nations Charter on the basis of a complaint received. The Security Council shall inform the States Parties to the Convention of the results of the investigation.
5. Each Contracting State of this Convention undertakes to provide or support assistance in accordance with the provisions of the Charter of the United Nations, to any Party to the Convention which requests assistance if the Security Council takes a decision that that Party has been or is likely to be harmed as a result of an infringement of the Convention.
1. Any Contracting State may propose amendments to this Convention. The text of each proposed amendment shall be submitted to the depositary, which shall circulate it without delay to all Contracting States of the Convention.
2. The amendment shall enter into force for each Contracting State which accepted it as soon as the instruments of acceptance have been deposited with the depositary by a majority of the Contracting States. The amendment shall then enter into force for each remaining Contracting State on the date of deposit of its instrument of acceptance.
This Convention shall have an unlimited duration.
1. After five years from the entry into force of this Convention, the depositary shall convene a Conference of the States Parties to the Convention in Geneva (Switzerland). The Conference shall assess the operation of this Convention in order to ensure that its objectives and provisions are met, and in particular shall assess the effectiveness of the provisions of Article I, paragraph 1, in order to eliminate the dangers of military or any other hostile use of environmental change devices.
2. With a break of at least five years thereafter, a majority of the Contracting States of this Convention may reach a conference with the same objectives by submitting a proposal to the depositary.
3. If, in accordance with paragraph 2 of this Article, a conference is not convened within 10 years of the conclusion of the previous evaluation conference, the depositary shall request all the Contracting States of this Convention to give their opinion on the convening of such a conference. If one third or ten Contracting States, whichever is the lower, are affirmed, the depositary shall immediately take measures to convene a conference.
1. This Convention shall be open for signature by all States. Any State which does not sign the Convention before its entry into force in accordance with paragraph 3 of this Article may accede at any time.
2. This Convention shall be subject to ratification by the signatory States. The instruments of ratification and accession shall be deposited with the Secretary-General of the United Nations.
3. This Convention shall enter into force after 20 governments have deposited the instruments of ratification with the depositary in accordance with paragraph 2 of this Article.
4. For States whose instruments of ratification or accession will be deposited after the entry into force of this Convention, the Convention shall enter into force on the date on which their instruments of ratification or accession are deposited.
5. The depositary shall immediately inform all States which have signed and acceded to this Convention of the date of each signature, the date of deposit of each instrument of ratification or accession, the date of entry into force of the Convention and of any amendments thereto and of receipt of other communications.
6. This Convention shall be registered by the depositary in accordance with Article 102 of the Charter of the United Nations.
This Convention, whose English, Arabic, Chinese, French, Russian and Spanish texts are equally authentic, will be deposited with the Secretary-General of the United Nations. A duly certified copy of this Convention shall be transmitted by the depositary to the governments of the States which signed and acceded to the Convention.
In order to prove the undersigned who have been duly empowered to do so, they have signed this Convention.
It was given in six copies, in Geneva on the eighteenth day of May in the year one thousand ninety-seven.
ANNEX TO THE CONVENTION
THE ADVISORY COMMITTEE OF EXPERTS
1. The Advisory Committee of Experts shall take appropriate measures to establish the facts and shall provide an expert opinion on any problem raised pursuant to Article V (1) of this Convention by the Contracting State requesting the meeting of the Committee.
2. The work of the Advisory Committee of Experts shall be organised in such a way as to enable it to perform the functions set out in paragraph 1 of this Annex. The Committee shall decide on procedural issues relating to the organisation of its work as far as possible by consensus and, if not possible, by the majority present and voting. Important questions will not be put to the vote.
3. The Committee shall be chaired by the depositary or its representative.
4. Each expert may be accompanied by one or more advisers at meetings.
5. Each expert will have the right to request, through the Chairman, from States and international organisations such information and assistance as the expert considers desirable for the Committee to carry out its work.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 77 / 1980 Coll., on the Convention on the Prohibition of Military or Any Other Enemy Use of Environmental Devices |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.07.1980 |
|---|---|
| Effective from | 05.10.1978 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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