The United Nations Watercourses Convention Ten Years Later

Problems relating to the non-navigational uses of international watercourses have the capacity to be among the most serious causes of international conflicts in the new century. The Convention adopted by the UN General Assembly on 21 May 1997 is the first comprehensive attempt to provide at the universal level a coherent set of rules for the avoidance, management and settlement of such conflicts. This book gives a brief history of the codification process leading to the adoption of the Convention and considers the conflicting approaches to the subject that have been taken over the years. It examines the Convention as future treaty law and considers its impact on customary law putting it in the context of existing relevant international instruments. It analyses the substantive principles of equitable utilisation and of no-harm, on the one hand, and the procedural obligations, on the other, and emphasises their mutual complementarity. The specific rules on the environmental protection of watercourses are given separate consideration underlining the indivisibility of water quality and water quantity issues, while the dispute settlement provisions set out in the Convention are studied with special emphasis on negotiated settlement as their ultimate aim. This book will be a compulsory tool for law makers, negotiators of future watercourse agreements and water law practitioners, as well as a required reading for students of the international law of shared natural resources.

Problems relating to the non-navigational uses of international watercourses have the capacity to be among the most serious causes of international conflicts in the new century. The Convention adopted by the UN General Assembly on 21 May 1997 is the first comprehensive attempt to provide at the universal level a coherent set of rules for the avoidance, management and settlement of such conflicts. This book gives a brief history of the codification process leading to the adoption of the Convention and considers the conflicting approaches to the subject that have been taken over the years. It examines the Convention as future treaty law and considers its impact on customary law putting it in the context of existing relevant international instruments. It analyses the substantive principles of equitable utilisation and of no-harm, on the one hand, and the procedural obligations, on the other, and emphasises their mutual complementarity. The specific rules on the environmental protection of watercourses are given separate consideration underlining the indivisibility of water quality and water quantity issues, while the dispute settlement provisions set out in the Convention are studied with special emphasis on negotiated settlement as their ultimate aim. This book will be a compulsory tool for law makers, negotiators of future watercourse agreements and water law practitioners, as well as a required reading for students of the international law of shared natural resources.

The Convention on the Law of the Non-Navigational Uses of International Watercourses was adopted by the United Nations General Assembly on 21 May 1997 (UN 1997a). It was drafted to articulate and codify the prevailing state practice and opinio juris - an action taken out of a sense of legal rather than moral obligation - in the area of international water law. It was designed to serve as a framework for more specific bilateral and regional agreements relating to the use, management and preservation of transboundary water resources. It was also designed to help prevent and resolve conflicts over international water resources, and to promote sustainable development and the protection of global water supplies. The Convention was adopted by a vote of 103 for and three against, with 27 abstentions and 33 members absent (UN 1997b; see figure 1 for a more complete breakdown of the vote). Although the actual number of votes against the Convention was small, the numbers belie a voting pattern that manifests the complexity of the subject matter, as well as the fragility of the coalition favouring the Convention. Many upper riparian states, for example, voted against passage of the Convention or abstained from the vote, while lower riparian states typically supported its adoption. Many states that abstained or voted against the text contended that the document was not ready for a vote, and noted the lack of consensus on several key provisions, including those governing dispute settlement. Others, both upper and lower riparian states, argued that there was a lack of balance in the Convention's provisions between the rights and obligations of upstream and downstream riparian states (UN 1997b). By 20 May 2000, the end of the signature period, only eight countries had ratified and another ten had signed the document1 (see figure 2). Clearly, the debate surrounding the UN Convention is a function of the competing interests of states and is political in nature. Especially telling is the fact that it took more than 25 years of continuous work, 13 reports and five special rapporteurs to finalise the text. This chapter examines the evolution of the UN Convention and analyses the vote on the text of the document in the UN General A s s e m b l y. It begins with a brief review of the development of international water law leading up to the creation of the Convention, and follows with an analysis of the diverging interests that, nevertheless, resulted in the adoption of the Convention. Finally, an assessment is presented of the voting and ratification patterns of the Convention, as well as a review of the document's present status.

The United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses plays a crucial role in protecting and managing international watercourses and other sources of fresh water. Boisson de Chazournes, Mbengue, Tignino, and Sangbana head a team of experts in thisCommentary, examining the travaux preparatoires leading to the Convention and the practice that has developed since the adoption of the Convention in 1997. Tackling the rationale and objectives of the provisions, they offer crucial insights to the Convention's impact on the development of auniversal regime for shared water resources.Examining cross-cutting topics such as the core water principles, the prevention and settlement of water disputes, the relationship between the Convention and other legal instruments, as well as the role of the ICJ and other judicial means to solve water disputes, this book is crucial to all thosewho seek a deep understanding of water law.

The UNECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes provides invaluable insights into the contribution of this international agreement towards transboundary water cooperation via its legal provisions, accompanying institutional arrangements and subsidiary policy mechanisms. Contributing authors - experts on key aspects of the Convention - address a broad range of issues, primarily concerning its: development and evolution; relationship with other multi-lateral agreements; regulatory framework and general principles; tools for arresting transboundary pollution; procedural rules; compliance and liability provisions; and select issues including its Protocol on Water and Health.

"The year 2022 marks the thirtieth anniversary of the Convention on the Protection and Use of Transboundary Watercourses and International Lakes (Water Convention), which was adopted in Helsinki in 1992. Over the past three decades the Water Convention has served as a mechanism to strengthen international cooperation and implement national measures for the sustainable management and protection of transboundary waters. It provides an intergovernmental platform for the day-to-day development and advancement of transboundary cooperation. This publication showcases some of the success stories of the Water Convention's impact on the ground. It helps the reader to better understand the Convention's social, economic and environmental impacts as well as its benefits for peace and stability in different regional settings. In this way, the publication serves as an important resource to exemplify the benefits of transboundary water cooperation based on the Water Convention. This publication is intended for government authorities, basin organizations and other international organizations, development partners, non-governmental organizations and academia. It aims to strengthen the understanding of the benefits of the Water Convention, facilitate accession processes, and contribute towards the effective implementation of the Convention and improved transboundary water cooperation worldwide."--Page 4 of cover.

The connection between environment and health has been well studied and documented, particularly by the World Health Organization. It is now being included in some legal instruments, although for the most part caselaw does not explicitly make that connection. Neither the right to life nor the rights to health or to normal development are actually cited in the resolution of cases and in judges' decisions. This volume makes the connection explicit in a broad review of human rights and legal issues associated with public health and the environment. It will be particularly useful as many legal instruments emphasize the right to 'development' without fully discussing the necessary safety and public health aspects, and the respect for the ecology of any area where such 'development' (often unwanted by local or indigenous communities) is to be located. Climate change is another pressing variable that is considered, and several chapters address the interface between human health and ecological conditions. Overall the book integrates perspectives from a wide range of disciplines, including ethics, ecology, public health and epidemiology, and human rights and law.

This book traces the development of international water law that has come to privilege and the water utilisation rights of sovereign states over the environment. It argues that existing mechanisms in international law can be applied to improve environmental protection.