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

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

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

3. 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

4. ISSUES TO BE DISCUSSED • EXISTING AGREEMENTS • EQUITABLE AND REASONABLE UTILIZATION AND OBLIGATION NOT TO CAUSE SIGNIFICANT HARM • OBLIGATION TO COOPERATE • PLANNED MEASURES • ENVIRONMENTAL PROVISIONS

5. ISSUES TO BE DISCUSSED Cont’d • SETTLEMENT OF DISPUTES • STATUS OF CONVENTION • WORLD BANK POLICY FOR PROJECTS ON INTERNATIONAL WATERWAYS

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

7. 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;

8. 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.

9. 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?

10. OBLIGATION TO COOPERATE • ESTABLISHMENT OF JOINT COMMISSIONS • EXCHANGE OF DATA AND INFORMATION

11. 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

12. ENVIRONMENTAL PROVISIONS • OBLIGATIONS: • PREVENTION OF POLLUTION • PROTECTION OF MARINE ENVIRONMENT • MANAGEMENT; REGULATION; INSTALLATIONS • NO INTRODUCTION OF NEW OR ALIEN SPECIES

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

14. CONCLUSION: STATUS OF THE CONVENTION • SIGNATURE; RATIFICATION • ENTRY INTO FORCE • CONVENTION AND CUSTOMARY INTERNATIONAL LAW • FUTURE OF THE CONVENTION (ICJ)

15. 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

16. MAIN FEATURES OF THE POLICY • TYPES OF INTERNATIONAL WATERWAYS • TYPES OF PROJECTS • NOTIFICATION • FOR WHAT • BY WHOM • TO WHOM • PERIOD FOR REPLY

17. MAIN FEATURES OF THE POLICY CONT’D • EXCEPTIONS TO NOTIFICATION • RESPONSES TO NOTIFICATION • POSITIVE • NEGATIVE • NO RESPONSE • OPINION OF INDEPENDENT EXPERTS

18. CRITICISM OF THE POLICY • RESTRICTIVE • FAVOURS DOWNSTREAM RIPARIANS • DOES NOT DEAL WITH EQUITABLE UTILIZATION • DOES NOT INCLUDE GROUNDWATER