Convention on the Law of Non-Navigational Uses of International Watercourses
Encyclopedia
The Convention on the Law of Non-Navigational Uses of International Watercourses is a document adopted by the United Nations
on May 21, 1997 pertaining to the uses and conservation of all waters that cross international boundaries, including both surface and groundwater
. Mindful of increasing demands for water and the impact of human behavior, the UN drafted the document to help conserve
and manage water resources
for present and future generations. To enter force, the document required ratification by 35 countries, but as of 2008 received less than half that number, with ratification by 16. Though unratified, the document is regarded as an important step towards arriving at an international law governing water.
In autumn of 2008, the UN began reviewing a law proposed by the International Law Commission
to serve similar purpose to the unratified document, but was considering adopting the proposal as guideline rather than immediately attempting to draft it into law.
(ILC) was requested by the United Nations in 1970 to prepare viable international guidelines for water use comparable to The Helsinki Rules on the Uses of the Waters of International Rivers
, which had been approved by the International Law Association
in 1966 but which failed to address aquifer
s that were not connected to a drainage basin
. After the ILC completed its project in 1994, the UN Sixth Committee drafted the Convention on the Law of Non-Navigational Uses of International Watercourses based on their proposal. The General Assembly adopted the document on May 21, 1997 with only three dissenting in a vote of 106.
an obligation to consider the impact of their actions on other states with an interest in a water resource and to equitably share the resource, mindful of variant factors such as population size and availability of other resources.
Had the document been ratified, each member state that shares in a resource would have been required to provide information to other sharing states about the condition of the watercourse and about their planned uses for it, allowing sufficient time for other sharing states to study the use and object if the use is perceived to be harmful. The document permitted a state with urgent need to immediately utilize a watercourse, providing that it notifies sharing states both of the use and the urgency. In the event that a use is perceived to be harmful, it would have required members states to negotiate a mutually acceptable solution, appealing for arbitration as necessary to uninvolved states or international organizations such as the International Court of Justice
.
It also would have required states to take reasonable steps to control damage, such as caused by pollution
or the introduction of species not native to the watercourse, and imposed an obligation on states that damage a shared water resource to take steps to remedy the damage or to compensate sharing states for the loss. It includes provisions for managing natural damage to waterways, such as caused by drought
or erosion
, and mandated that sharing states notify others immediately of emergency conditions related to the watercourse that may affect them, such as flood
ing or waterborne diseases
.
this is "the most controversial provision" of the Convention, with conflict stemming from the fact that a state may have legitimate uses for a watercourse in its nation that can negatively impact other nations. He offers the following example:
McCaffrey indicates that controversy here stemmed from the UN's adaptation of text by the ILC with the intention of strengthening the obligation to do no harm, as the ILC's language more heavily emphasized the "equitable utilization", or balance of the various needs of the states.
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
on May 21, 1997 pertaining to the uses and conservation of all waters that cross international boundaries, including both surface and groundwater
Groundwater
Groundwater is water located beneath the ground surface in soil pore spaces and in the fractures of rock formations. A unit of rock or an unconsolidated deposit is called an aquifer when it can yield a usable quantity of water. The depth at which soil pore spaces or fractures and voids in rock...
. Mindful of increasing demands for water and the impact of human behavior, the UN drafted the document to help conserve
Water conservation
Water conservation refers to reducing the usage of water and recycling of waste water for different purposes such as cleaning, manufacturing, and agricultural irrigation.- Water conservation :Water conservation can be defined as:...
and manage water resources
Water resources
Water resources are sources of water that are useful or potentially useful. Uses of water include agricultural, industrial, household, recreational and environmental activities. Virtually all of these human uses require fresh water....
for present and future generations. To enter force, the document required ratification by 35 countries, but as of 2008 received less than half that number, with ratification by 16. Though unratified, the document is regarded as an important step towards arriving at an international law governing water.
In autumn of 2008, the UN began reviewing a law proposed by the International Law Commission
International Law Commission
The International Law Commission was established by the United Nations General Assembly in 1948 for the "promotion of the progressive development of international law and its codification."It holds an annual session at the United Nations Office at Geneva....
to serve similar purpose to the unratified document, but was considering adopting the proposal as guideline rather than immediately attempting to draft it into law.
Background
The International Law CommissionInternational Law Commission
The International Law Commission was established by the United Nations General Assembly in 1948 for the "promotion of the progressive development of international law and its codification."It holds an annual session at the United Nations Office at Geneva....
(ILC) was requested by the United Nations in 1970 to prepare viable international guidelines for water use comparable to The Helsinki Rules on the Uses of the Waters of International Rivers
The Helsinki Rules on the Uses of the Waters of International Rivers
The Helsinki Rules on the Uses of the Waters of International Rivers is an international guideline regulating how rivers and their connected groundwaters that cross national boundaries may be used, adopted by the International Law Association in Helsinki, Finland in August 1966. In spite of its...
, which had been approved by the International Law Association
International Law Association
The International Law Association is a non-profit organization based in Great Britain that — according to its 2004 constitution — promotes "the study, clarification and development of international law" and "the furtherance of international understanding and respect for international law."The ILA...
in 1966 but which failed to address aquifer
Aquifer
An aquifer is a wet underground layer of water-bearing permeable rock or unconsolidated materials from which groundwater can be usefully extracted using a water well. The study of water flow in aquifers and the characterization of aquifers is called hydrogeology...
s that were not connected to a drainage basin
Drainage basin
A drainage basin is an extent or an area of land where surface water from rain and melting snow or ice converges to a single point, usually the exit of the basin, where the waters join another waterbody, such as a river, lake, reservoir, estuary, wetland, sea, or ocean...
. After the ILC completed its project in 1994, the UN Sixth Committee drafted the Convention on the Law of Non-Navigational Uses of International Watercourses based on their proposal. The General Assembly adopted the document on May 21, 1997 with only three dissenting in a vote of 106.
Provisions
The document sought to impose upon UN member statesUnited Nations member states
There are 193 United Nations member states, and each of them is a member of the United Nations General Assembly.The criteria for admission of new members are set out in the United Nations Charter, Chapter II, Article 4, as follows:...
an obligation to consider the impact of their actions on other states with an interest in a water resource and to equitably share the resource, mindful of variant factors such as population size and availability of other resources.
Had the document been ratified, each member state that shares in a resource would have been required to provide information to other sharing states about the condition of the watercourse and about their planned uses for it, allowing sufficient time for other sharing states to study the use and object if the use is perceived to be harmful. The document permitted a state with urgent need to immediately utilize a watercourse, providing that it notifies sharing states both of the use and the urgency. In the event that a use is perceived to be harmful, it would have required members states to negotiate a mutually acceptable solution, appealing for arbitration as necessary to uninvolved states or international organizations such as the International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
.
It also would have required states to take reasonable steps to control damage, such as caused by pollution
Water pollution
Water pollution is the contamination of water bodies . Water pollution occurs when pollutants are discharged directly or indirectly into water bodies without adequate treatment to remove harmful compounds....
or the introduction of species not native to the watercourse, and imposed an obligation on states that damage a shared water resource to take steps to remedy the damage or to compensate sharing states for the loss. It includes provisions for managing natural damage to waterways, such as caused by drought
Drought
A drought is an extended period of months or years when a region notes a deficiency in its water supply. Generally, this occurs when a region receives consistently below average precipitation. It can have a substantial impact on the ecosystem and agriculture of the affected region...
or erosion
Erosion
Erosion is when materials are removed from the surface and changed into something else. It only works by hydraulic actions and transport of solids in the natural environment, and leads to the deposition of these materials elsewhere...
, and mandated that sharing states notify others immediately of emergency conditions related to the watercourse that may affect them, such as flood
Flood
A flood is an overflow of an expanse of water that submerges land. The EU Floods directive defines a flood as a temporary covering by water of land not normally covered by water...
ing or waterborne diseases
Waterborne diseases
Waterborne diseases are caused by pathogenic microorganisms which are directly transmitted when contaminated fresh water is consumed. Contaminated fresh water, used in the preparation of food, can be the source of foodborne disease through consumption of the same microorganisms...
.
Article 7 controversy
Article 7 of the document, entitled, "Obligation not to cause significant harm," would require that member states "in utilizing an international watercourse in their territories...take all appropriate measures to prevent the causing of significant harm to other watercourse states" and compensate sharing states for any such harm. According to Stephen McCaffrey of the McGeorge School of LawMcGeorge School of Law
University of the Pacific, McGeorge School of Law is a private, ABA approved law school in the Oak Park neighborhood of the city of Sacramento, California. It is part of the University of the Pacific....
this is "the most controversial provision" of the Convention, with conflict stemming from the fact that a state may have legitimate uses for a watercourse in its nation that can negatively impact other nations. He offers the following example:
Suppose...upstream State A has not significantly developed its water resources because of its mountainous terrain. The topography of the downstream states on the watercourse, B and C, is flatter, and they have used the watercourse extensively for irrigation for centuries, if not millennia. State A now wishes to develop its water resources for hydroelectric and agricultural purposes. States B and C cry foul, on the ground that this would significantly harm their established uses.
McCaffrey indicates that controversy here stemmed from the UN's adaptation of text by the ILC with the intention of strengthening the obligation to do no harm, as the ILC's language more heavily emphasized the "equitable utilization", or balance of the various needs of the states.
External links
- Convention on the Law of Non-Navigational Uses of International Watercourses, United Nations
- International Watercourses: The United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses, lecture series by Stephen McCaffrey, Audiovisual Library of International Law, United Nations