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Convention on the Law of the Non-Navigational Uses of International Watercourses: A Commentary

Convention on the Law of the Non-Navigational Uses of International Watercourses: A Commentary

Author: Laurence Boisson de Chazournes; Makane Moise Mbenge; Mara Tignino, et al
Publisher: Oxford University Press
ISBN: 9780198778769
Published In: December 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

Preface, L. Boisson de Chazournes, M. M. Mbengue, M. Tignino, K. Sangbana

Introduction: The Path to the UN Watercourses Convention and Beyond, S.C. McCaffrey

Section 1: Nature and Aims of the UN Watercourses Convention

1: The Choice of a Framework Convention (Preamble), S. Doumbe-Bille and F. Paccaud

2: Scope of the Convention (Article 1), M. Arcari

3: Definitions and Use of Terms (Article 2), A. Rieu-Clarke

Section 2: The UN Watercourses Convention and other Fresh Water Agreements

4: The Relationship between the Convention, Existing and Future Fresh Water Agreements (Articles 3 and 4), M.M. Mbengue

Section 3: General Principles of the UN Watercourses Convention

5: Equitable and Reasonable Utilization and Factors Relevant to Determining Such Utilization (Articles 5 and 6), L. Caflisch

6: The Obligation not to Cause Significant Harm (Article 7), S.M.A. Salman

7: General Obligation to Cooperate and Regular Exchange of Data and Information (Articles 8 and 9), C. Leb

8: Relationship between Different Kinds of Uses (Article 10), M.M. Mbengue

Section 4: Planned Measures

9: Information and Notification Concerning Planned Measures (Articles 11-16); Consultations and Negotiations Concerning Planned Measures (Article 17); Procedures in the Absence of Notification and Urgent Implementation of Planned Measures (Articles 18 and 19), K. Sangbana

Section 5: Protection, Preservation and Management

10: Protection and Preservation of Freshwater Ecosystems (Articles 20-23), O. McIntyre

11: Management (Article 24), D. Ziganshina

12: Regulation (Article 25), T. Henshaw and R. Paisley

13: Installations (Article 26), D. Azaria

Section 6: Harmful Conditions and Emergency Situations

14: Prevention and Mitigation of Harmful Conditions and Emergency Situations (Articles 27 and 28), R. Moynihan and B.-O. Magsig

Section 7: Miscellaneous Provisions

15: 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), M. Tignino

16: Access to Justice and the Principle of Non-Discrimination (Article 32), R. Greco

Section 8: Prevention and Settlement of Disputes

17: The Settlement of Disputes through Non-Judicial Means (Article 33.1-33.9), A. Tanzi and G.M. Farnelli

18: The Settlement of Disputes through Judicial Means (Article 33.10 and the Annex on Arbitration), L. Boisson de Chazournes

Section 9: The UN Watercourses Convention and Instruments Dealing with the Management and Protection of Fresh Water Resources

19: The Interplay between the UN Watercourses Convention and the Law on Transboundary Aquifers (Article 2), F. Sindico and L. Movilla

20: The Interplay between the UN Watercourses Convention and the UNECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes, J.G. Lammers

21: The Interplay between the UN Watercourses Convention and International Environmental Law, J. Rudall

22: The UN Watercourses Convention and International Economic Law, B. McGarry