Un Convention on Law of Non Navigational Uses of International - A Commentary

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.

List of contents

• Preface


• 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

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About the author

Laurence Boisson de Chazournes is Professor of International Law at the University of Geneva. She is an adviser to various international organizations and governments, and has held international assignments as counsel, expert and arbitrator before the International Court of Justice (ICJ) and other judicial fora.

Makane Moïse Mbengue is Associate Professor of International Law at the Faculty of Law of the University of Geneva. Mbengue is also an Affiliated Professor at Sciences Po Paris (School of Law), an adviser to several international organizations, and acts as counsel in disputes before international courts and tribunals.

Mara Tignino, Reader at the Faculty of Law and the Institute for Environmental Sciences at the University of Geneva. She is the Coordinator of the Platform for International Water Law at the Geneva Water Hub. She obtained a PhD in international law from the Graduate Institute of International and Development Studies (Geneva) and was a Visiting Scholar at the George Washington University School of Law. She has published widely on issues related to international water law, such as the human right to water, the protection of water resources in times of armed conflict and the settlement of water disputes. She has served as an expert on international water law for various international organisations (UNITAR, the Inter-American Development Bank snd OSCE) and non-governmental organisations (WWF, Green Cross International). She was also a Legal Adviser in the International Court of Justice's case Pulp Mills on the Uruguay River.

Komlan Sangbana is a Consultant with the UNECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes. He is a member of the Platform for International Water Law. He obtained a PhD in international law from the Faculty of Law of University of Geneva. He was a Visiting Scholar at the Faculty of Law of the University of Edinburg. His research interests include the study of the rights and obligations on non-State actors in freshwater management, the protection of the environment and the functions and mandate of river basin organisations.

Jason Rudall is a Researcher at the Faculty of Law of the University of Geneva and Programme Manager of the LL.M. in International Law at the Graduate Institute of International and Development Studies. He also holds a PhD in International Law from the Graduate Institute, Geneva.

Summary

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.

Additional text

The Commentary to the UN Watercourses Convention is without doubt a major achievement. It deals in a competent and scholarly manner with a complex Convention, which is not free from controversies. All chapters are informative and, at the same time, analytical.

Report

An indispensable work for those working with international water law. Jus Gentium

Product details

• Authors: Laurence (Professor of Law Boisson De Chazournes
• Assisted by: Laurence Boisson De Chazournes (Editor), Boisson de Chazournes Laurence (Editor), Makane Mbengue (Editor), Makane Moïse Mbengue (Editor), Jason Rudall (Editor), Komlan Sangbana (Editor), Mara Tignino (Editor), Tignino Mara (Editor)
• Publisher: Oxford University Press
• Languages: English
• Product format: Hardback
• Released: 20.12.2018
• EAN: 9780198778769
• ISBN: 978-0-19-877876-9
• No. of pages: 544
• Series: Oxford Commentaries on International Law
• Subjects: Social sciences, law, business > Law > International law, foreign law; LAW / International, LAW / Public, LAW / Environmental, International Environmental Law, Public international law: environment, International law, transport and commerce: maritime law, Treaties & Other Sources Of International Law, Public international law: treaties and other sources, International maritime law