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 INTERNATIONAL WATERCOURSES

  • 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 INTERNATIONAL WATERCOURSES

  • 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 INTERNATIONAL WATERCOURSES

  • 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 INTERNATIONAL WATERCOURSES

  • SETTLEMENT OF DISPUTES

  • STATUS OF CONVENTION

  • WORLD BANK POLICY FOR PROJECTS ON INTERNATIONAL WATERWAYS


Existing agreements
EXISTING AGREEMENTS INTERNATIONAL WATERCOURSES

  • NOT AFFECTED BY CONVENTION

  • CALL FOR HARMONIZATION

  • NEW AGREEMENTS MAY ADJUST CONVENTION


Equitable and reasonable utlization
EQUITABLE AND REASONABLE UTLIZATION INTERNATIONAL WATERCOURSES

  • (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 INTERNATIONAL WATERCOURSES

  • (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 INTERNATIONAL WATERCOURSES

  • 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 INTERNATIONAL WATERCOURSES

  • ESTABLISHMENT OF JOINT COMMISSIONS

  • EXCHANGE OF DATA AND INFORMATION


Planned measures
PLANNED MEASURES INTERNATIONAL WATERCOURSES

  • 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 INTERNATIONAL WATERCOURSES

  • OBLIGATIONS:

    • PREVENTION OF POLLUTION

    • PROTECTION OF MARINE ENVIRONMENT

    • MANAGEMENT; REGULATION; INSTALLATIONS

    • NO INTRODUCTION OF NEW OR ALIEN SPECIES


Settlement of disputes
SETTLEMENT OF DISPUTES INTERNATIONAL WATERCOURSES

  • 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 INTERNATIONAL WATERCOURSES

  • 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 INTERNATIONAL WATERCOURSES

  • 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 INTERNATIONAL WATERCOURSES

  • 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 INTERNATIONAL WATERCOURSES

  • EXCEPTIONS TO NOTIFICATION

  • RESPONSES TO NOTIFICATION

    • POSITIVE

    • NEGATIVE

    • NO RESPONSE

    • OPINION OF INDEPENDENT EXPERTS


Criticism of the policy
CRITICISM OF THE POLICY INTERNATIONAL WATERCOURSES

  • RESTRICTIVE

  • FAVOURS DOWNSTREAM RIPARIANS

  • DOES NOT DEAL WITH EQUITABLE UTILIZATION

  • DOES NOT INCLUDE GROUNDWATER


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