The Helsinki Rules on the Uses of the Waters of International Rivers
Encyclopedia
The Helsinki Rules on the Uses of the Waters of International Rivers is an international guideline regulating how rivers and their connected groundwater
s that cross national boundaries may be used, adopted by the International Law Association
(ILA) in Helsinki
, Finland
in August 1966. In spite of its adoption by the ILA, there is no mechanism in place that enforces the rules. Notwithstanding the guideline's lack of formal status, its work on rules governing international rivers was pioneering. It led to the creation of the United Nations
' Convention on the Law of Non-Navigational Uses of International Watercourses
. In 2004, it was superseded by the Berlin Rules on Water Resources
.
s that cross national boundaries, except where other agreement between bordering nations exists, the Helsinki Rules assert the rights of all bordering nations to an equitable share in the water resources
, with reasonable consideration of such factors as past customary usages of the resource and balancing variant needs and demands of the bordering nations. It also mandates protection of the resource by bordering nations with respect to water pollution
and sets forth recommendations for resolving disputes over usage of such watercourses.
, the Helsinki Rules do not address independent aquifer
s, but only those connected to a river. Accordingly, the United Nations decided in 1970 to create a more inclusive set of guidelines, which after more than twenty years of investigation by the International Law Commission
resulted in the adopting of the Convention on the Law of Non-Navigational Uses of International Watercourses
in 1997. The ILA itself addressed this limitation in adopting the Rules on International Groundwaters, also known as the Seoul Rules, in Seoul, Korea in 1986 and the Berlin Rules on Water Resources in 2004, which superseded this guideline.
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...
s that cross national boundaries may be used, adopted 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...
(ILA) in Helsinki
Helsinki
Helsinki is the capital and largest city in Finland. It is in the region of Uusimaa, located in southern Finland, on the shore of the Gulf of Finland, an arm of the Baltic Sea. The population of the city of Helsinki is , making it by far the most populous municipality in Finland. Helsinki is...
, Finland
Finland
Finland , officially the Republic of Finland, is a Nordic country situated in the Fennoscandian region of Northern Europe. It is bordered by Sweden in the west, Norway in the north and Russia in the east, while Estonia lies to its south across the Gulf of Finland.Around 5.4 million people reside...
in August 1966. In spite of its adoption by the ILA, there is no mechanism in place that enforces the rules. Notwithstanding the guideline's lack of formal status, its work on rules governing international rivers was pioneering. It led to the creation of the United Nations
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...
' Convention on the Law of Non-Navigational Uses of International Watercourses
Convention on the Law of Non-Navigational Uses of International Watercourses
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...
. In 2004, it was superseded by the Berlin Rules on Water Resources
Berlin Rules on Water Resources
The Berlin Rules on Water Resources is a document adopted by the International Law Association to summarize international law customarily applied in modern times to freshwater resources, whether within a nation or crossing international boundaries...
.
Provisions
Applicable to all drainage basinDrainage 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...
s that cross national boundaries, except where other agreement between bordering nations exists, the Helsinki Rules assert the rights of all bordering nations to an equitable share in the 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....
, with reasonable consideration of such factors as past customary usages of the resource and balancing variant needs and demands of the bordering nations. It also mandates protection of the resource by bordering nations with respect to water 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....
and sets forth recommendations for resolving disputes over usage of such watercourses.
Limitations
Although "an important set of draft rules," 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....
, the Helsinki Rules do not address independent 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, but only those connected to a river. Accordingly, the United Nations decided in 1970 to create a more inclusive set of guidelines, which after more than twenty years of investigation 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....
resulted in the adopting of the Convention on the Law of Non-Navigational Uses of International Watercourses
Convention on the Law of Non-Navigational Uses of International Watercourses
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...
in 1997. The ILA itself addressed this limitation in adopting the Rules on International Groundwaters, also known as the Seoul Rules, in Seoul, Korea in 1986 and the Berlin Rules on Water Resources in 2004, which superseded this guideline.
External links
- The Helsinki Rules on the Uses of the Waters of International Rivers, UNESCOUNESCOThe United Nations Educational, Scientific and Cultural Organization is a specialized agency of the United Nations...
.