Artificial Weather Modification: “A need for precautionary approach and regulation”
Keywords:
weather, modification, natural weather, climate, policies, regulation, techniques, environment, lawAbstract
Inadvertent use of weather modification techniques by many countries including India and intentional intervention in natural weather and climatic cycles have raised many environmental concerns and discussions on liabilities of parties for any environmental damage that is being done, without developing coherent law to regulate the same. In the absence of regulation policies, lack of scientific and environment evaluation studies, research aims to highlight the need to develop a legal regime to regulate the use of these techniques and adopt them with a precautionary approach.
References
1. Origins can be traced back to 1946 when Vincent Schaefer by series of experiments and using ideas generated between him and Nobel laureate Irving Langmuir caused it to snow by using dry ice, and Noted atmospheric scientist Bernard Vonnegut discovered the potential of silver iodide for use in cloud seeding but the research gathered pace only during World War II.
2. World Meteorological Organizat ion, WMO, Expert Committee on Weather Modification Research report 2013-2016
3. WMO Expert Committee on Weather Modification Research, 2016
4. Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques, 1977
5. United Nations General Assembly Resolution on the “Permanent Sovereignty over Natural Resources.” 1962
6. sic utere tuo ut alienum non laedas principle (use your own property in such a way that you do not injure other people’s)
7. Corfu Channel, United Kingdom v Albania, Judgment, Compensation, (1949) ICJ Rep 244; Trail Smelter case, (United States v. Canada) (1938 and 1941) 3 R.I.A.A. 1905; The Gabčíkovo -Nagymaros Project case, Hungary v. Slovakia, ICJ Rep. (1997); UNECE Convention on Long -range Transboundary Air Po llution (CLRTAP)1979 ; Convention on the Protection and Use of Transboundary Watercourses and International Lakes (UNECE Water Convention).
8. Bhatt, “Some Reflections on International Law and Relations involving weather Modification Activities, Including Som e Special Features Relating to India, Journal of the Indian Law Institute, Vol. 15, No. 2 (APRIL-JUNE 1973), pp. 253-272.
9. Reason is the interconnection or interdependence between earth's system i.e. oceanic, geological, biological (includes human activitie s) and atmospheric. All affect the climate system and exert influence on each other.
10. Pennsylvania Natural Weather Assoc. v Blue Ridge Weather Modification Assoc. (C. P. Fulton city. 1968). The court said, "Every landowner has a property right in the clouds and the water in them." (at 759- 760)
11. The only case found where plaintiffs succeeded against "rain makers" was a, NJEL (2020) 1–5 © Law Journals 2020. All Rights Reserved Page 5 Southwest Weather Research, Inc. v Jones (Sup. Ct. Tex. 1959) in which certain ranchers obtained a preliminary injunction against a hail supp ression project over neighboring lands by asserting that the rainfall on their own lands would also be suppressed
12. Harris, "Law and Technological Change: The Case of Weather Modification," Yale Review of Law and Social Action: Vol. 3: Issue. 1, Article 3. 1973, Pg. 13
13. In Vietnam War 1967 -1972, USA used cloud seeding to enhance and expand monsoon season in Vietnam to delay the truck traffic carrying military supplies and gain an advantage in warfare; see "Rainmaking used as a Weapon in SE Asia". Daytona Beac h Morning Journal. Daytona Beach, Florida. New York Times News Service. May 19, 1974
14. “Weather as a Force Multiplier: Owning the Weather in 2025” US Air Force document AF 2025 Final Report (1996), it "offers the war fighter a wide range of possible options to defeat or coerce an adversary", capabilities extend to the triggering of floods, h urricanes, droughts, and earthquakes."
15. Convention on the Prohibition of Military or any other Hostile Use of Environmental Modification’ (ENMOD) (Geneva: 18 May 1977, Entered into force: 5 October 1978)
16. The United Nations Treaty Collection, available at : https://treaties.un.org/ pages/ViewDetails.aspx?src=TREATY& mtdsg_no=XXVI-1&chapter=26&lang=en ( visited on 30th March 2019)
17. The Convention on Biological Diversity, 29th December 1993; The tenth meeting of the Conference of the Parties to the Convention on Biological Diversity (CBD) adopted decision X/33 which includes a section on climate -related geo engineering and its impacts on the achievement of the objectives of the convention. It allows small scale scientific research studies but prohibits the climate - related geo engineering activities that may affect biodiversity.
18. World Health Organization, Concise International Chemical Assessment Document on Silver and Silver Compounds: Environmental Aspects, Geneva, 2002.
19. Cooper and Jolly, “Ecological Effects of Weather Modification: A Problem Analysis”, Univ. of Michigan, School of Natural Resources,1969, p. 8.
20. Weiner "Towards a New International Law of the Atmosphere? "Gottingen pg.195-223
21. Supra note 3
22. see Koshy, “Clouds o ver Maharashtra will have a silver iodide lining” The Hindu, February 16, 2017; Government Uttar Pradesh too with IIT Kanpur, have undertaken artificial rain experiment, to tackle pollution in the state.
23. Environment (Protection) Act, 1986 ss. 3, 6, 25
24. (1996) 5 SCC 647
25. Oppenheimer, "Legal Aspects of Weather Modification," 1958 Ins. L. J.1958, p 314, Cite this Article Keerty Dabbas, Kritika Jain . Artificial Weather Modification: “A need for Precautionary Approach and Regulation” . 2020; 3(2): 1–5p.
