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

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

3 DEFINITIONS n 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 n INTERNATIONAL WATERCOURSE –A watercourse parts of which are situated in different states

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

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

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

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

8 EQUITABLE AND REASONABLE UTLIZATION Cont’d n (e) Existing and potential uses of the watercourse; n (f) Conservation, protection, development and economy of use of water; n (g) The availability of alternatives to a particular planned or existing use.

9 OBLIGATION NOT CAUSE SIGNIFICANT HARM n Take appropriate measures not cause significant harm n When it is caused, take appropriate measures to eliminate or mitigate harm n Relationship between the two principles n Which is the prevalent principle?

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

11 PLANNED MEASURES PLANNED MEASURES n PROVISION OF INFORMATION n NOTIFICATION IN CASE OF SIGNIFICANT ADVERSE EFFECT –Basis for Notification n PERIOD FOR REPLY n REPLY: Positive ; Negative; No Reply n ABSENCE OF NOTIFICATION n EXCEPTIONS TO NOTIFICATION

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

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

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

15 WORLD BANK POLICY FOR PROJECTS ON IW n EVOLUTION OF THE POLICY –Early approaches: Disputed/Non Disputed –Requiring Agreements –1956; 1965; 1985 and 1994 Policies n INFLUENE OF, AND INFLUENCE ON, INTERNATIONAL LAW

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

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

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