Germany: Ratification of Convention on Environmental Modification Techniques (ENMOD)

State Germany
Treaty Convention on Environmental Modification Techniques (ENMOD)
Action Type Ratification
Depositary Secretary-General of the United Nations
Date 24 May 1983
Note

Notes:

The German Democratic Republic had signed and ratified the Convention on 18 May 1977 and 25 May 1978, respectively.
 
Historical information (part I)
 

1. Prior to the formation of one sovereign German State through the accession of the German Democratic Republic to the Federal Republic of Germany (effective from 3 October 1990), the Secretary-General received numerous communications relating to the application of international instruments to West Berlin.

2. In each case (noted here), the initial communication took the form of a note, letter, or declaration from the Federal Republic of Germany, in, accompanying or in connection with its instrument of accession, acceptance or ratification of an amendment, agreement, convention or protocol, to the effect that the relevant amendment, agreement, convention or protocol would also apply to  "Land Berlin" or  "Berlin (West)" (as noted here) with effect from the date on which it entered into force for the Federal Republic of Germany.

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- Declaration (re:  "Berlin (West)" ) accompanying the instrument of ratification (deposited 24 May 1983) of the Convention on the prohibition of military or any other hostile use of environmental modification techniques, 10 December 1976.
 
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5. For a number of amendments, agreements, conventions or protocols (noted here), including some of those noted at points 3 and 4, the initial communication from the Federal Republic of Germany gave rise to communications to the effect that the initial communication was invalid because it was in contradiction to the Quadripartite Agreement of 3 September 1971 between the Governments of France, the Union of Soviet Socialist Republics,  the United Kingdom of Great Britain and Northern Ireland and the United States of America. The Quadripartite Agreement was said to confirm that West Berlin was not a  "Land" (where this term had been used) or constituent part of the Federal Republic of Germany and could not be governed by it, and that treaties affecting matters of security and status could not be extended to West Berlin by the Federal Republic of Germany. Theinitial communication of the Federal Republic of Germany was said, in the case of almost every instrument noted hereo contradict or be incompatible with one or a combination of these stipulations (in one case, for the specific reason that it encroached on an area of competence of the German Democratic Republic) (as noted here). In the one exception to this rule (as noted here), the communication was said to encroach on an area of responsibility reserved for the authorities of France, the United Kingdom and the United States.
 
 
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- Convention on the prohibition of military or any other hostile use of environmental modification techniques, 10 December 1976; communications from the Governments of the Union of Soviet Socialist Republics (received 5 December 1983) and the German Democratic Republic (received 23 January 1984) (both re: area of responsibility reserved for the authorities of France, the United Kingdom and the United States).
 
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11. For a number of the amendments, agreements, conventions or protocols noted in points 5, 6, 8 and 9, relevant communications provoked further communications from the Governments of France, the United Kingdom and the United States of America with different combinations of content to those described above (noted here). These communications made, in one case (as noted here) a denial of the Government of the German Democratic Republic's assertion of competence for the subject matter of the relevant instrument (as noted here), and in all cases: the same assertion regarding the authorization of the extension of the relevant instrument by the Federal Republic of Germany as described in points 6 and 10 (as noted here); and/or the same assertion regarding the use of terminology in that assertion as described in point 10 (as noted here); and/or the same assertion regarding the competence of the makers of the preceding communications as described in point 10; and/or the same allegation regarding the making of a misleading reference to the Quadripartite Agreement as described in point 7 (as noted here). Each variety of communication was followed closely by communications from the Federal Republic of Germany indicating its solidarity with the position taken (as noted here).
 
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- Convention on the prohibition of military or any other hostile use of environmental modification techniques, 10 December 1976; communication from the Governments of France, the United Kingdom and the United States of America (received 2 July 1984) (re: authorization and competence) and the Federal Republic of Germany in support (received 5 June 1985).
 
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12. For some of the instruments noted at point 11 (as listed here), the relevant communications asserting the lack of competence of the makers of the preceding communications to comment on the provisions of the Quadripartite Agreement gave rise to further communications from the Government of the Union of Soviet Socialist Republics or the maker itself (as noted here) rejecting these assertions as unfounded. In one case (as noted here), the responding communication of the Government of the Union of Soviet Socialist Republics expressed support for the maker's preceding claim of competence (noted at point 5) in relation to the subject matter of the relevant instrument as a basis for comment on the Agreement. In the other cases, the responding communications reaffirmed the Government of the Union of Soviet Socialist Republics' own objections to or conditional acceptance of the extension of the relevant instrument to West Berlin described in points 5 and 6 and/or asserted the indisputable right of other parties to the instrument to express an opinion on the matter (as noted here).
 
. . .
 
- Convention on the prohibition of military or any other hostile use of environmental modification techniques, 10 December 1976; communication from the Government of the Union of Soviet Socialist Republics (received 2 December 1985) (re: indisputable right).
 
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13. For the instruments noted at point 12 (listed again here), the communications in reply from the Government of the Union of Soviet Socialist Republics gave rise to further communications from the Governments of France, the United Kingdom and the United States of America (noted here). These communications reaffirmed the positions described in point 11, in one case (as noted here) making an assertion of factual error in the communication of the Government of the Union of Soviet Socialist Republics, and in the others (as noted here), with respect to the competence of non-parties to the Quadripartite Agreement to comment on its provisions, emphasizing that the Agreement was part of conventional, not customary international law. In two cases the communication was followed closely by a communication from the Federal Republic of Germany indicating its solidarity with the position taken (as noted here).
 
. . .
 
- Convention on the prohibition of military or any other hostile use of environmental modification techniques, 10 December 1976; communications from the Governments of France, the United Kingdom and the United States of America (received 6 October 1986) (re: competence).
 
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Historical information (part II)

". . . Through the accession of the German Democratic Republic to the Federal Republic of Germany with effect from 3 October 1990, the two German States have united to form one sovereign State, which as a single Member of the United Nations remains bound by the provisions of the Charter in accordance with the solemn declaration of 12 June 1973. As from the date of unification, the Federal Republic of Germany will act in the United Nations under the designation `Germany'."

The former German Democratic Republic was admitted to the Organization on 18 September 1973 by Resolution No. 3050 (XXVIII). For the text of the declaration of acceptance of the obligations contained in the Charter dated 12 June 1973 made by the German Democratic Republic (registered under No. 12758), see United Nations, Treaty Series , vol. 891, p. 103.

Consequently, and in the light of articles 11 and 12 of the Treaty of 31 August 1990 (Unification Treaty) between the Federal Republic of Germany and the German Democratic Republic, entries in status lists pertaining to formalities (i.e., signatures, ratifications, accessions, declarations and reservations, etc.) effected by the Federal Republic of Germany will now appear under "Germany" and indicate the dates of such formalities.

As regards treaties in respect of which formalities had been effected by both the Federal Republic of Germany and the former German Democratic Republic prior to unification, the entry will similarly indicate in the corresponding table the type of formality effected by the Federal Republic of Germany and the date on which it took place, while the type of formality effected by the former German Democratic Republic and the date thereof will appear in a footnote.

Finally, as regards the treatment of treaties in respect of which formalities were effected by the former German Democratic Republic alone, article 12, para. 3 of the Unification Treaty contains the following provision: "Should the united Germany intend to accede to international organizations or other multilateral treaties of which the German Democratic Republic but not the Federal Republic of Germany is a member, agreement shall be reached with the respective contracting parties and with the European Communities where the latter's competence is affected". Accordingly, a footnote indicating the date and type of formality effected by the former German Democratic Republic will be included in the status of the treaties concerned, the corresponding footnote indicator being inserted next to the heading "Participant".

 
Other Actions Signature on deposit with UN — 18 May 1977