un convention on the law of the non navigational 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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UN CONVENTION ON THE LAW OF THE NON-NAVIGATIONAL USES OF INTERNATIONAL WATERCOURSES. INTRODUCTION. BASIC FACTS ABOUT INTERNATIONAL WATERCOURSES HISTORY OF CONVENTION BASIC FEATURES OF CONVENTION: NON-NAVIGATION FRAMEWORK CONVENTION COMPROMISES 37 ARTICLES; 7 PARTS AND ANNEX. DEFINITIONS.

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introduction
INTRODUCTION
  • BASIC FACTS ABOUT INTERNATIONAL WATERCOURSES
  • HISTORY OF CONVENTION
  • BASIC FEATURES OF CONVENTION:
    • NON-NAVIGATION
    • FRAMEWORK CONVENTION
    • COMPROMISES
    • 37 ARTICLES; 7 PARTS AND ANNEX
definitions
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
issues to be discussed
ISSUES TO BE DISCUSSED
  • EXISTING AGREEMENTS
  • EQUITABLE AND REASONABLE UTILIZATION AND OBLIGATION NOT TO CAUSE SIGNIFICANT HARM
  • OBLIGATION TO COOPERATE
  • PLANNED MEASURES
  • ENVIRONMENTAL PROVISIONS
issues to be discussed cont d
ISSUES TO BE DISCUSSED Cont’d
  • SETTLEMENT OF DISPUTES
  • STATUS OF CONVENTION
  • WORLD BANK POLICY FOR PROJECTS ON INTERNATIONAL WATERWAYS
existing agreements
EXISTING AGREEMENTS
  • NOT AFFECTED BY CONVENTION
  • CALL FOR HARMONIZATION
  • NEW AGREEMENTS MAY ADJUST CONVENTION
equitable and reasonable utlization
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;
equitable and reasonable utlization cont d
EQUITABLE AND REASONABLE UTLIZATION Cont’d
  • (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.
obligation not cause significant harm
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?
obligation to cooperate
OBLIGATION TO COOPERATE
  • ESTABLISHMENT OF JOINT COMMISSIONS
  • EXCHANGE OF DATA AND INFORMATION
planned measures
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
environmental provisions
ENVIRONMENTAL PROVISIONS
  • OBLIGATIONS:
    • PREVENTION OF POLLUTION
    • PROTECTION OF MARINE ENVIRONMENT
    • MANAGEMENT; REGULATION; INSTALLATIONS
    • NO INTRODUCTION OF NEW OR ALIEN SPECIES
settlement of disputes
SETTLEMENT OF DISPUTES
  • NEGOTIATIONS
  • MEDIATION BY THIRD PARTY
  • FACT FINDING COMMISSION
  • ARBITRATION (ANNEX TO THE CONVENTION)
  • INTERNATIONAL COURT OF JUSTICE
conclusion status of the convention
CONCLUSION: STATUS OF THE CONVENTION
  • SIGNATURE; RATIFICATION
  • ENTRY INTO FORCE
  • CONVENTION AND CUSTOMARY INTERNATIONAL LAW
  • FUTURE OF THE CONVENTION (ICJ)
world bank policy for projects on iw
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
main features of the policy
MAIN FEATURES OF THE POLICY
  • TYPES OF INTERNATIONAL WATERWAYS
  • TYPES OF PROJECTS
  • NOTIFICATION
    • FOR WHAT
    • BY WHOM
    • TO WHOM
    • PERIOD FOR REPLY
main features of the policy cont d
MAIN FEATURES OF THE POLICY CONT’D
  • EXCEPTIONS TO NOTIFICATION
  • RESPONSES TO NOTIFICATION
    • POSITIVE
    • NEGATIVE
    • NO RESPONSE
    • OPINION OF INDEPENDENT EXPERTS
criticism of the policy
CRITICISM OF THE POLICY
  • RESTRICTIVE
  • FAVOURS DOWNSTREAM RIPARIANS
  • DOES NOT DEAL WITH EQUITABLE UTILIZATION
  • DOES NOT INCLUDE GROUNDWATER
ad