UN CONVENTION ON THE LAW OF THE NONNAVIGATIONAL USES OF INTERNATIONAL WATERCOURSES

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UN CONVENTION ON THE LAW OF THE NON-NAVIGATIONAL
USES OF INTERNATIONAL WATERCOURSES
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INTRODUCTION

• BASIC FACTS ABOUT INTERNATIONAL WATERCOURSES
• HISTORY OF CONVENTION
• BASIC FEATURES OF CONVENTION
• NON-NAVIGATION
• FRAMEWORK CONVENTION
• COMPROMISES
• 37 ARTICLES 7 PARTS AND ANNEX

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DEFINITIONS

• WATERCOURSE
• A system of surface waters and groundwaters
  constituting by virtue of their physical
  relationship a unitary whole and normally flowing
  into a common terminus.
• Groundwater is included
• INTERNATIONAL WATERCOURSE
• A watercourse parts of which are situated in
  different states

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ISSUES TO BE DISCUSSED

• EXISTING AGREEMENTS
• EQUITABLE AND REASONABLE UTILIZATION AND
  OBLIGATION NOT TO CAUSE SIGNIFICANT HARM
• OBLIGATION TO COOPERATE
• PLANNED MEASURES
• ENVIRONMENTAL PROVISIONS

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ISSUES TO BE DISCUSSED Contd

• SETTLEMENT OF DISPUTES
• STATUS OF CONVENTION
• WORLD BANK POLICY FOR PROJECTS ON INTERNATIONAL
  WATERWAYS

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EXISTING AGREEMENTS

• NOT AFFECTED BY CONVENTION
• CALL FOR HARMONIZATION
• NEW AGREEMENTS MAY ADJUST CONVENTION

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EQUITABLE AND REASONABLE UTLIZATION

• (a) Geographic, hydrographic, hydrological,
  climatic, ecological factors
• (b) The social and economic needs of the
  watercourse states concerned
• (c) The population dependent on the watercourse
  in each watercourse State
• (d) The effects of the use in one watercourse
  State on other watercourse States

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EQUITABLE AND REASONABLE UTLIZATION Contd

• (e) Existing and potential uses of the
  watercourse
• (f) Conservation, protection, development and
  economy of use of water
• (g) The availability of alternatives to a
  particular planned or existing use.

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OBLIGATION NOT CAUSE SIGNIFICANT HARM

• Take appropriate measures not cause significant
  harm
• When it is caused, take appropriate measures to
  eliminate or mitigate harm
• Relationship between the two principles
• Which is the prevalent principle?

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OBLIGATION TO COOPERATE

• ESTABLISHMENT OF JOINT COMMISSIONS
• EXCHANGE OF DATA AND INFORMATION

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PLANNED MEASURES

• PROVISION OF INFORMATION
• NOTIFICATION IN CASE OF SIGNIFICANT ADVERSE
  EFFECT
• Basis for Notification
• PERIOD FOR REPLY
• REPLY Positive Negative No Reply
• ABSENCE OF NOTIFICATION
• EXCEPTIONS TO NOTIFICATION

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ENVIRONMENTAL PROVISIONS

• OBLIGATIONS
• PREVENTION OF POLLUTION
• PROTECTION OF MARINE ENVIRONMENT
• MANAGEMENT REGULATION INSTALLATIONS
• NO INTRODUCTION OF NEW OR ALIEN SPECIES

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SETTLEMENT OF DISPUTES

• NEGOTIATIONS
• MEDIATION BY THIRD PARTY
• FACT FINDING COMMISSION
• ARBITRATION (ANNEX TO THE CONVENTION)
• INTERNATIONAL COURT OF JUSTICE

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CONCLUSION STATUS OF THE CONVENTION

• SIGNATURE RATIFICATION
• ENTRY INTO FORCE
• CONVENTION AND CUSTOMARY INTERNATIONAL LAW
• FUTURE OF THE CONVENTION (ICJ)

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WORLD BANK POLICY FOR PROJECTS ON IW

• EVOLUTION OF THE POLICY
• Early approaches Disputed/Non Disputed
• Requiring Agreements
• 1956 1965 1985 and 1994 Policies
• INFLUENE OF, AND INFLUENCE ON, INTERNATIONAL LAW

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MAIN FEATURES OF THE POLICY

• TYPES OF INTERNATIONAL WATERWAYS
• TYPES OF PROJECTS
• NOTIFICATION
• FOR WHAT
• BY WHOM
• TO WHOM
• PERIOD FOR REPLY

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MAIN FEATURES OF THE POLICY CONTD

• EXCEPTIONS TO NOTIFICATION
• RESPONSES TO NOTIFICATION
• POSITIVE
• NEGATIVE
• NO RESPONSE
• OPINION OF INDEPENDENT EXPERTS

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CRITICISM OF THE POLICY

• RESTRICTIVE
• FAVOURS DOWNSTREAM RIPARIANS
• DOES NOT DEAL WITH EQUITABLE UTILIZATION
• DOES NOT INCLUDE GROUNDWATER