Full Description
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 this Commentary, examining the travaux préparatoires 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 a universal 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 those who seek a deep understanding of water law.
Contents
L. Boisson de Chazournes, M. M. Mbengue, M. Tignino, K. Sangbana: Preface
S.C. McCaffrey: Introduction: The Path to the UN Watercourses Convention and Beyond
Section 1: Nature and Aims of the UN Watercourses Convention
1: S. Doumbe-Bille and F. Paccaud: The Choice of a Framework Convention (Preamble)
2: M. Arcari: Scope of the Convention (Article 1)
3: A. Rieu-Clarke: Definitions and Use of Terms (Article 2)
Section 2: The UN Watercourses Convention and other Fresh Water Agreements
4: M.M. Mbengue: The Relationship between the Convention, Existing and Future Fresh Water Agreements (Articles 3 and 4)
Section 3: General Principles of the UN Watercourses Convention
5: L. Caflisch: Equitable and Reasonable Utilization and Factors Relevant to Determining Such Utilization (Articles 5 and 6)
6: S.M.A. Salman: The Obligation not to Cause Significant Harm (Article 7)
7: C. Leb: General Obligation to Cooperate and Regular Exchange of Data and Information (Articles 8 and 9)
8: L. del Castillo-Laborde: Relationship between Different Kinds of Uses (Article 10)
Section 4: Planned Measures
9: K. Sangbana: Notification and Consultation Concerning Planned Measures (Articles 11-19)
Section 5: Protection, Preservation and Management
10: O. McIntyre: Protection and Preservation of Freshwater Ecosystems (Articles 20-23)
11: D. Ziganshina: Management (Article 24)
12: T. Henshaw and R. Paisley: Regulation (Article 25)
13: D. Azaria: Installations (Article 26)
Section 6: Harmful Conditions and Emergency Situations
14: R. Moynihan and B.-O. Magsig: Prevention and Mitigation of Harmful Conditions and Emergency Situations (Articles 27 and 28)
Section 7: Miscellaneous Provisions
15: M. Tignino: International Watercourses and Installations in Time of Armed Conflicts; the Obligation of Cooperation and Indirect Procedures; Exchange of Information and Protection of Data and Information Vital to National Defence or Security (Articles 29-31)
16: R. Greco: Access to Procedures and the Principle of Non-Discrimination (Article 32)
Section 8: Prevention and Settlement of Disputes
17: A. Tanzi and G.M. Farnelli: The Settlement of Disputes through Non-Judicial Means (Article 33.1-33.9)
18: L. Boisson de Chazournes: The Settlement of Disputes through Judicial Means (Article 33.10 and the Annex on Arbitration)
Section 9: The UN Watercourses Convention and Instruments Dealing with the Management and Protection of Fresh Water Resources
19: F. Sindico and L. Movilla: The Interplay between the UN Watercourses Convention and the Law on Transboundary Aquifers (Article 2)
20: J.G. Lammers: The Interplay between the UN Watercourses Convention and the UNECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes
21: J. Rudall: The Interplay between the UN Watercourses Convention and International Environmental Law
22: B. McGarry: The UN Watercourses Convention and International Economic Law
Appendix: Convention on the Law of the Non-Navigational Uses of International Watercourses
Analytical Index
