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Journal articles on the topic 'Non-navigational uses of international watercourses'

Author: Grafiati

Published: 14 December 2022

Last updated: 28 January 2023

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1

Gwynn, Maria A. "Adapting Watercourse Agreements to Developments in International Law." Brill Research Perspectives in International Water Law 4, no. 1 (April 10, 2019): 3–88. http://dx.doi.org/10.1163/23529369-12340013.

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AbstractThe United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses (UN Watercourses Convention) recommends that states apply and adapt their watercourse agreements to the provisions of the UN Watercourses Convention. To explore the advantages of abiding to crucial developments in international water law, environmental law, and climate change law, this monograph will analyze the most important hydroelectric energy treaty in the South American region, the Itaipu Treaty. The monograph will argue that adapting watercourse agreements to developments in international law provides a way to foster sustainable development for the treaty parties, the countries sharing the watercourse ecosystem, as well as the international community as a whole.

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2

Asheesh, Mohamed, and Tapio S. Katko. "River basins and rules on non-navigational use of international watercourses." River Systems 13, no. 3-4 (January 1, 2002): 409–21. http://dx.doi.org/10.1127/lr/13/2002/409.

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3

Lebotse, Kabelo Kenneth. "Southern African Development Community Protocol on Shared Watercourses: Challenges of Implementation." Leiden Journal of International Law 12, no. 1 (March 1999): 173–81. http://dx.doi.org/10.1017/s0922156599000059.

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The Rundu – Grootfontein Project, a project by which Namibia wants to divert waters of the Okavango river, may significantly affect the flow of that river through Botswana. The present paper discusses and tests rules of global and regional international watercourse law as to their applicability to the problems posed by the project. In this respect the UN Framework Convention on the Law of the Non-Navigational Uses of International Watercourses, as well as the Southern African Development Community Protocol on Shared Watercourses form the main focal point.

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4

Fitzmaurice, Malgosia. "The Law of Non-Navigational Uses of International Watercourses ' The International Law Commission Completes its Draft." Leiden Journal of International Law 8, no. 2 (1995): 361–75. http://dx.doi.org/10.1017/s092215650000337x.

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The purpose of the present study is to briefly introduce the final (1994) Draft Articles of the International Law Commission (hereinafter ILC) on The Law of Non-Navigational Uses of International Watercourses (hereinafter Draft Articles or 1994 Draft) and to analyse some of the more important and interesting provisions. It is not the intention to discuss basic theories relating to the management of international watercourses, on which numerous studies are already available. Nevertheless, the Draft Articles incorporate two fundamental principles of the law relating to watercourses, viz. the principle of equitable utilization and the no-harm rule, which will be treated at rather greater length because of their importance as well as certain ambiguities in the Draft Articles relating to them.

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5

Fitzmaurice, Malgosia. "Convention on the Law of the Non-Navigational Uses of International Watercourses." Leiden Journal of International Law 10, no. 3 (September 1997): 501–8. http://dx.doi.org/10.1017/s0922156597000368.

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On 11 April 1997, the text of the Convention on the Law of the Non-Navigational Uses of International Watercourses was presented by the Working Group of the Whole (WG) of the United Nations General Assembly Sixth Committee to the United Nations General Assembly (UNGA). This Convention is based on the 1994 Draft Articles on the same topic prepared by the International Law Commission (ILC). These Draft Articles were approved on second reading by the ILC during its 46th session in 1994 and subsequently submitted to the 49th session of the UNGA in 1994 for consideration by states. By its Resolution 49/52, the UNGA invited states to present written submissions to comment on the Draft Articles and at the same time it proposed that a working group on the whole of the UNGA Sixth Committee be established to convene during the 51st session of UNGA (September-December 1996) to elaborate the text for a convention. During its first session, the WG did not manage to accomplish this task. The final text submitted to the UNGA on 11 April 1997 was the result of the second session of the WG which had deliberated during the period from 24 March to 4 April 1997.

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6

McCaffrey, Stephen C. "The International Law Commission Adopts Draft Articles on International Watercourses." American Journal of International Law 89, no. 2 (April 1995): 395–404. http://dx.doi.org/10.2307/2204213.

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At its 1994 session, the International Law Commission (ILC) completed the final adoption (“second reading”) of a complete set of thirty-three draft articles on the law of the non-navigational uses of international watercourses, together with a resolution on transboundary confined ground water. The Commission submitted the draft articles and the resolution to the General Assembly and recommended that a convention on international watercourses be elaborated by the Assembly or by an international conference of plenipotentiaries on the basis of the Commission’s draft.

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7

Eckstein, Gabriel. "Specially invited opinions and research report of the International Water Law Project: global perspectives on the entry into force of the UN Watercourses Convention 2014: part one." Water Policy 16, no. 6 (December 1, 2014): 1198–217. http://dx.doi.org/10.2166/wp.2014.008.

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From the Editor-in-Chief, Dr Jerome Delli Priscoli: This is a research report on opinions of prominent international water lawyers from each continent on the potential impacts of the 1997 UN Convention on Non-Navigational Uses of International Watercourses. It will be published in two successive editions of Water Policy.

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Eckstein, Gabriel. "Specially invited opinions and research report of the International Water Law Project: global perspectives on the entry into force of the UN Watercourses Convention 2014: part two." Water Policy 17, no. 1 (February 1, 2015): 162–86. http://dx.doi.org/10.2166/wp.2014.009.

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From the Editor-in-Chief, Dr Jerome Delli Priscoli: This is the second part of a research report on opinions of prominent international water lawyers from each continent on the potential impacts of the 1997 UN Convention on the Non-Navigational Uses of International Watercourses. The first part of the report was published in Water Policy 16(6).

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9

Zhong, Yong, Fuqiang Tian, Heping Hu, David Grey, and Michael Gilmont. "Rivers and reciprocity: perceptions and policy on international watercourses." Water Policy 18, no. 4 (February 29, 2016): 803–25. http://dx.doi.org/10.2166/wp.2016.229.

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The paper analyses geopolitical dimensions of the 1997 United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses (UNWC) using quantitative data on transboundary flows and qualitative data on basin State location within a watercourse. The UNWC has had a long and difficult history. A tendency for downstream support for, and upstream ambivalence/opposition to, the UNWC is identified. It appears not widely recognized that adverse effects can be caused by any State on other States, regardless of their upstream or downstream location. Thus downstream States consider that their actions cannot harm upstream States, and upstream States consider that the UNWC provides them with greater obligations than downstream States. Clarification of the UNWC with the principle of reciprocal obligations on all States, both upstream and downstream, will remove any ambiguity, correct misperceptions, have clear policy implications for all States, promote UNWC engagement of upstream States, and contribute to long-term global water security.

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10

Devlaeminck, David. "Revisiting the substantive rules of the law of international watercourses: an analysis through the lens of reciprocity and the interests of China." Water Policy 20, no. 2 (October 24, 2017): 323–35. http://dx.doi.org/10.2166/wp.2017.069.

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Abstract The United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses, 1997, finally entered into force in August 2014 after nearly 17 years. To explain this delay scholars point to, among other reasons, misconceptions of the substantive rules of equitable and reasonable use and the duty not to cause significant harm, particularly between upstream and downstream states. Reciprocity plays an important role within international law especially in treaties, where it informs the distribution of rights and duties, advantages and disadvantages, establishing balance and fairness in the legal regime. Together, this ensures that states cannot interpret treaty provisions in their favour. Using the Convention on the Law of the Non-Navigational Uses of International Watercourses as an authoritative text, this article aims to analyse the substantive rules of international law concerning transboundary water resources including equitable and reasonable use and the duty not to cause significant harm through the lens of reciprocity and the interests of China. In doing so, it aims to provide a more nuanced understanding of the rules and to establish that these principles do not favour upstream or downstream states, but instead promote balance among riparians.

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Idris, Kamil, and Mpazi Sinjela. "THE LAW OF THE NON-NAVIGATIONAL USES OF INTERNATIONAL WATERCOURSES: THE INTERNATIONAL LAW COMMISSION'S DRAFT ARTICLES AN OVERVIEW." African Yearbook of International Law Online / Annuaire Africain de droit international Online 3, no. 1 (1995): 183–203. http://dx.doi.org/10.1163/221161795x00097.

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12

Fitzmaurice, Malgosia. "General Principles Governing the Cooperation between States in Relation to Non-Navigational Uses Of International Watercourses." Yearbook of International Environmental Law 14, no. 1 (2003): 3–45. http://dx.doi.org/10.1093/yiel/14.1.3.

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13

Bourne, Charles B. "The Primacy of the Principle of Equitable Utilization in the 1997 Watercourses Convention." Canadian Yearbook of international Law/Annuaire canadien de droit international 35 (1998): 215–32. http://dx.doi.org/10.1017/s0069005800006639.

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SummaryThe International Law Commission wrestled for over a decade with the relationship between the principle of equitable utilization and the no harm principle in its work on the law of the non-navigational uses of international watercourses. In its final Report to the UN General Assembly on this topic in 1994, the Commission presented a set of Draft Articles couched in obscure language that reflected the sharp differences of opinion on the matter and the compromises that had been made. This division of opinion about the relationship between these two principles persisted in the Working Group of the Sixth Committee of the General Assembly to which the Draft Articles were referred. Again, compromises were reached and the language of the substantive articles (in particular Articles 5, 7, 20, and 21) of the Watercourses Convention, adopted by the General Assembly on May 21, 1997, continues to be obscure and its meaning debatable.It is argued here that in this Convention the principle of equitable utilization, which prescribes the reasonable and equitable sharing of the beneficial uses of the waters of an international watercourse, is made the primary substantive rule of international water law; harm caused by a utilization of these waters is, of course, an important factor to be taken into account in determining whether, in a particular case, the utilization is reasonable and equitable and, therefore, lawful. This interpretation of the Watercourses Convention brings it into harmony with customary international water law. It is an interpretation that finds support in the recent decision of the International Court of fustice in the Gabákovo case.

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Moussa, Jasmine. "IMPLICATIONS OF THE INDUS WATER KISHENGANGA ARBITRATION FOR THE INTERNATIONAL LAW OF WATERCOURSES AND THE ENVIRONMENT." International and Comparative Law Quarterly 64, no. 3 (June 30, 2015): 697–715. http://dx.doi.org/10.1017/s0020589315000287.

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AbstractOn 19 February 2013, a Permanent Court of Arbitration (PCA)-administered Court of Arbitration issued a Partial Award on the dispute between Pakistan and India regarding the use of the waters of the Kishenganga/Neelum, a tributary of the Indus system of rivers. This article examines the tribunal's decision, which was mainly limited to interpreting the 1960 Indus Water Treaty (IWT), and its contribution to international environmental law and the law of non-navigational uses of international watercourses. After briefly discussing the dispute's factual context and procedural history, the article critiques the tribunal's methodology, which was based on an inconsistent application of the principles of treaty interpretation. The Award's contribution is therefore mixed: despite its almost complete disregard for the principle of ‘equality of right’, it has contributed to clarifying the criteria for determining ‘existing uses’ of a watercourse and reaffirmed both the substantive obligation to refrain from causing transboundary harm and the procedural duty to carry out an Environmental Impact Assessment under international environmental law.

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15

McCaffrey, Stephen C., and Mpazi Sinjela. "The 1997 United Nations Convention on International Watercourses." American Journal of International Law 92, no. 1 (January 1998): 97–107. http://dx.doi.org/10.2307/2998069.

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The Convention on the Law of the Non-Navigational Uses of International Watercourses was adopted by the United Nations General Assembly on May 21, 1997. It was negotiated in the Sixth (Legal) Committee of the General Assembly, convening for this purpose as a “Working Group of the Whole,” on the basis of draft articles adopted by the International Law Commission (ILC). The negotiations in the working group were open to participation by all UN member states, as well as states that are members of specialized agencies of the United Nations. The Convention is divided into seven parts containing thirty-seven articles: Introduction; General Principles; Planned Measures; Protection, Preservation and Management; Harmful Conditions and Emergency Situations; Miscellaneous Provisions; and Final Clauses. An annex sets forth procedures to be used in the event the parties to a dispute have agreed to submit it to arbitration. This Note will focus on key provisions of the Convention and on those that were the subject of controversy during the working group’s deliberations. It assumes that the reader has access to the text.

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McCaffrey, Stephen. "The contribution of the UN Convention on the law of the non-navigational uses of international watercourses." International Journal of Global Environmental Issues 1, no. 3/4 (2001): 250. http://dx.doi.org/10.1504/ijgenvi.2001.000980.

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17

Tignino, Mara. "Prior Notification and Water Rights." AJIL Unbound 115 (2021): 189–94. http://dx.doi.org/10.1017/aju.2021.23.

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International practice, including international instruments and case law, confirms that states generally accept that they have a duty to provide prior notification of planned measures that may have a significant adverse effect upon co-riparians. The principle of “prior notification” is framed differently in various instruments, and it can broadly include the duty to “notify” and “consult” on planned measures. Prior notification helps to prevent and mitigate disputes, as underlined by the ICJ. Notification and consultation create the conditions for cooperation among riparian states and for ensuring the protection of international watercourses. On the contrary, the lack of notification and consultation may aggravate disputes as in the case of the Great Renaissance Dam along the Nile River. The UN Convention on the Law of the Non-Navigational Uses of International Watercourses (Watercourses Convention) provides a detailed procedural framework on prior notification and consultation. This essay outlines the established characteristics of the prior notification and consultation duty, then argues that the duty should be viewed not only as an inter-state obligation but also as including the obligation to inform and consult local communities.

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Salman, Salman M. A. "Equitable and Reasonable Utilization and the Obligation Against Causing Significant Harm – Are they Reconcilable?" AJIL Unbound 115 (2021): 183–88. http://dx.doi.org/10.1017/aju.2021.22.

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The relationship between the principle of equitable and reasonable utilization and the obligation against causing significant harm has been the most challenging issue in the long history of the evolution of international water law. The purpose of this essay is to discuss the genesis of the debate on the relationship between the two concepts, present the opposing positions of the different riparians thereon, and clarify how the UN Convention on the Law of the Non-Navigational Uses of International Watercourses has resolved this matter and rendered the two concepts reconcilable.

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Rosenstock, Robert. "The Forty-Fifth Session of the International Law Commission." American Journal of International Law 88, no. 1 (January 1994): 134–40. http://dx.doi.org/10.2307/2204030.

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The International Law Commission of the United Nations held its forty-fifth session from May 2 to July 23, 1993, under the chairmanship of Ambassador Julio Barboza of Argentina. The Commission elaborated a substantially complete draft statute of an international criminal court in a working group, considered aspects of state responsibility, commenced drafting articles on liability for injurious consequences arising out of acts not prohibited by international law, began its second reading on non-navigational uses of international watercourses, and made recommendations for its future work. The Commission continued its innovative use of working groups and subgroups to expedite its work and, consequently, had a highly productive session.

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20

Okowa, Phoebe N. "Stephen C. McCaffrey, The Law of International Watercourses: Non-Navigational Uses (Oxford: Oxford University Press, 2001) 500 pages." Yearbook of International Environmental Law 12, no. 1 (January 1, 2001): 822–25. http://dx.doi.org/10.1093/yiel/12.1.822.

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McCaffrey, Stephen C. "The Forty-Second Session of the International Law Commission." American Journal of International Law 84, no. 4 (October 1990): 930–43. http://dx.doi.org/10.2307/2202845.

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The International Law Commission of the United Nations held its forty-second session from May 1 to July 20, 1990, under the Chairmanship of Professor Shi Jiuyong. In the context of its work on the Draft Code of Crimes against the Peace and Security of Mankind, the Commission considered the establishment of an international criminal court and adopted three articles of the code. Also at the forty-second session, the Commission adopted six articles on the law of the non-navigational uses of international watercourses and discussed reports on state responsibility, relations between states and international organizations, international liability for injurious consequences arising out of acts not prohibited by international law and jurisdictional immunities of states and their property.

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22

Osapiri, John. "Management of Africa’s trans-boundary freshwater bodies: legal framework and challenges." KAS African Law Study Library - Librairie Africaine d’Etudes Juridiques 8, no. 3 (2021): 283–92. http://dx.doi.org/10.5771/2363-6262-2021-3-283.

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This paper discusses the Management of Africa’s Trans boundary Fresh Water bodies focusing on challenges and the legal Framework guiding such natural resources. The author gives a detailed definition of Trans boundary fresh water bodies, gives an Overview of Africa Trans boundary Freshwater bodies and expounds on the Legal Framework regulating Africa Trans boundary water. In discussing the Trans boundary legal framework for Africa, the author focuses on United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses, the African Continental Treaties and the regional conventions legislating on shared Trans boundary Fresh water.

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Wouters, Patricia K. "Allocation of the Non-Navigational Uses of International Watercourses: Efforts at Codification and the Experience of Canada and the United States." Canadian Yearbook of international Law/Annuaire canadien de droit international 30 (1992): 43–88. http://dx.doi.org/10.1017/s0069005800005063.

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SommaireEn juillet 1992, la Commission du droit international (CDI) a adopté en première lecture un ensemble de projets d'articles intitulé “Droit relatif aux utilisations des cours d'eaux internationaux à des fins autres que la navigation. ” Les gouvernements ont été invités à se prononcer sur ce projet d'articles jusqu'à la fin 1992.La présente étude démontre que la Commission du droit international, l'International Law Association (ILA), et l'Institut de droit international (IDI) ont tous insisté sur l'importance de deux principes, l'“utilisation équitable” et l’ “obligation de ne pas causer de dommages appréciables,” dans l'élaboration des règles relatives à l'attribution de droits pour les utilisations des cours d'eaux internationaux à des fins autres que la navigation. À l'inverse de l'approche accordant la priorité au principe de l'utilisation équitable, adoptée par l'ILA et l'IDI, la CDI considère que la règle stipulant l'obligation de ne pas causer de dommages appréciables constitue la norme fondamentale.À cet égard, un examen de la pratique bilatérale du Canada et des États-Unis, entre autres cette relative aux fleuves St-Mary et Milk, Columbia, Flathead et à la déviation de Chicago, révèle que ces deux États ont adopté une approche fondée sur la règle de l'“utilisation équitable,.” Ainsi te présent article mène à la conclusion que la Commission du droit international devrait revoir sa position relative à la place occupée par la règle de l'obligation de ne pas causer de dommages appréciables.

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Morris, Virginia, and M. Christiane Bourloyannis-Vrailas. "The Work of the Sixth Committee at the Fifty-First Session of the UN General Assembly." American Journal of International Law 91, no. 3 (July 1997): 542–54. http://dx.doi.org/10.2307/2954191.

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At the fifty-first session of the General Assembly, the Sixth (Legal) Committee reviewed the annual reports of the International Law Commission (ILC), the United Nations Commission on International Trade Law (UNCITRAL), the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (Special Committee) and the Committee on Relations with the Host Country (Host Country Committee). The Sixth Committee also considered proposals for two new legal instruments relating to (1) the establishment of a permanent international criminal court, and (2) the non-navigational uses of international watercourses, as well as other topics concerning international terrorism, international humanitarian law, diplomatic and consular law, the United Nations internal justice system, the United Nations Decade of International Law (Decade) and the “New International Economic Order.” The topics are discussed in the order in which they were considered by the committee.

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Juizo, Dinis, Rikard Lidén, and Álvaro Carmo Vaz. "Remaining challenges for bi-national agreements on shared water: The Umbeluzi case." Water Policy 8, no. 3 (June 1, 2006): 231–53. http://dx.doi.org/10.2166/wp.2006.0015.

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In Southern Africa, joint management of international waters is necessary for regional development and stability. The 1997 UN international convention on “watercourses for Non-navigational uses” and the 2000 revised SADC (South African Development Community) “Protocol on Shared Watercourses” form part of the platform towards minimising tension over utilisation of water resources in the region. Mozambique shares nine of 15 international rivers in SADC, hence its continued efforts towards reaching agreements with the riparian countries. However, effective implementation of these agreements remains a challenge. This study focuses on the implementation of future agreements in Umbeluzi River which has only two co-riparian sovereign states – Mozambique and Swaziland. In this case, it was found that several factors affect the effective implementation of the desired equitable sharing principle. The most prominent are hydrological data uncertainty, lack of adequate modelling tools and insufficient institutional capacity. Factors like large climatic variability in the region further worsen the situation. The overall implementation of agreements is also dependent on stakeholders' willingness to cooperate, which in turn is linked to their sense of fairness on decisions imposed by officials. However, correct regulation and enforcement can narrow the gap between technical ingenuity and the actual system behaviour.

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Subedi, S. P. "The Law of International Watercourses: Non-Navigational Uses. By Stephen C. McCaffrey. Oxford: Oxford University Press, 2001. xxxii + 514 pp. 65." British Yearbook of International Law 73, no. 1 (January 1, 2003): 375–76. http://dx.doi.org/10.1093/bybil/73.1.375.

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McCaffrey, Stephen C. "The Forty-third Session of the International Law Commission." American Journal of International Law 85, no. 4 (October 1991): 703–9. http://dx.doi.org/10.2307/2203277.

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The forty-third session of the United Nations International Law Commission (ILC) was held in Geneva from April 29 to July 19, 1991, and was chaired by Ambassador Abdul Koroma of Sierra Leone. During the session, the last of the ILC’s current five-year term of office, the Commission adopted full sets of draft articles on three of the subjects on its agenda. It completed the second reading, or final adoption, of the draft on jurisdictional immunities of states and their property, and approved on first reading its articles on the law of the non-navigational uses of international watercourses, and the Draft Code of Crimes against the Peace and Security of Mankind. In its report to the General Assembly, the Commission recommended that the Assembly convene a diplomatic conference charged with concluding a convention on the basis of the draft articles on jurisdictional immunities. The drafts on watercourses and crimes were sent to governments for their comments, which the Commission requested they submit by January 1, 1993. The ILC will then give each of those drafts a second reading, taking into account the observations received from states. In addition to the progress made on these topics, the Commission considered reports on the three remaining subjects on its agenda: international liability for injurious consequences arising out of acts not prohibited by international law, relations between states and international organizations (second part of the topic) and state responsibility.

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Mccaffrey, Stephen C. "The Fortieth Session of the International Law Commission." American Journal of International Law 83, no. 1 (January 1989): 153–71. http://dx.doi.org/10.2307/2202801.

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The International Law Commission of the United Nations held its 40th session from May 9 to July 29, 1988, under the Chairmanship of Ambassador Leonardo Díaz-González. The Commission adopted 6 articles of the Draft Code of Crimes against the Peace and Security of Mankind and 14 articles on the law of non-navigational uses of international watercourses. Substantial time was devoted to both international liability for injurious consequences arising out of acts not prohibited by international law and the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier. Reports on jurisdictional immunities of states and their property and state responsibility were introduced by the special rapporteurs for those topics but were not discussed by the Commission owing to lack of time. The remaining substantive item on the Commission’s agenda, relations between states and international organizations (second part of the topic), was not considered at this session. Finally, the Commission once again devoted substantial time to reviewing its procedures and methods of work.

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McCaffrey, Stephen C. "The Forty-First Session of the International Law Commission." American Journal of International Law 83, no. 4 (October 1989): 937–45. http://dx.doi.org/10.2307/2203386.

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The International Law Commission of the United Nations held its 41st session from May 2 to July 21, 1989, under the Chairmanship of Professor Bernhard Graefrath. The most noteworthy achievement of the session was the completion of work on the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier. The Commission referred this draft to the General Assembly with the recommendation that the Assembly convoke a diplomatic conference for the purpose of concluding a convention on the basis of the articles. Also at the 41st session, the Commission adopted three articles of the Draft Code of Crimes against the Peace and Security of Mankind and discussed reports on state responsibility, international liability for injurious consequences arising out of acts not prohibited by international law, jurisdictional immunities of states and their property, and the law of the non-navigational uses of international watercourses. A report on relations between states and international organizations was presented to the Commission but was not discussed for lack of time. Finally, the Commission once again devoted a number of meetings to reviewing its procedures and methods of work.

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Dellapenna, Joseph W. "The Law of International Watercourses: Non-navigational Uses. By Stephen C. McCaffrey. Oxford, New York: Oxford University Press, 2001. Pp. xxxiii, 504. Index. $99; £65." American Journal of International Law 97, no. 1 (January 2003): 233–36. http://dx.doi.org/10.2307/3087141.

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Greenop, Michael A. "The United Nations International Law Commission’s Draft Articles on Transboundary Aquifers." Max Planck Yearbook of United Nations Law Online 24, no. 1 (December 17, 2021): 36–81. http://dx.doi.org/10.1163/18757413_02401003.

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Despite being an important source of supply for basic human needs and development, groundwater has been largely out of sight and out of mind. Activities worldwide are rapidly increasing the pressure on this important but invisible resource, causing quantity depletion and quality degradation. A significant development in the process of helping to make groundwater governance visible was the development in 2008 of the United Nations International Law Commission’s Draft Articles on Transboundary Aquifers. This article considers the implications of the Draft Articles from the perspective of international law, reflecting in particular on the overlap with the United Nations Convention on the Law of the Non- Navigational Uses of International Watercourses, the principle of limited sovereignty in the context of shared groundwater resources and the possible future form of the Draft Articles. It also considers the work of other international institutions which have supported the Commission’s work. This article concludes that the Draft Articles have struck the right balance and have provided an important step forward in helping to make this invisible resource visible in international law. This article has been prepared in anticipation of the 2022 UN World Water Day on ‘Groundwater: Making the Invisible Visible’ and the International Groundwater Resources Assessment Centre Groundwater Summit on 22–23 March 2022.

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Fitzmaurice, Malgosia. "The Law of International Watercourses, Non-Navigational Uses. By McCaffrey Stephen. [Oxford: Oxford University Press, 2001, 500 pp ISBN 0–19–825787–2, £65. (H/bk.)]." International and Comparative Law Quarterly 51, no. 1 (January 2002): 191–92. http://dx.doi.org/10.1093/iclq/51.1.191.

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Rieu-Clarke, A. S. "The Role and Relevance of the UN Convention on the Law of the Non-Navigational Uses of International Watercourses to the EU and its Member States." British Yearbook of International Law 78, no. 1 (January 1, 2008): 389–428. http://dx.doi.org/10.1093/bybil/78.1.389.

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LOIBL, GERHARD. "Steven C. McCaffrey, The Law of International Watercourses — Non-Navigational Uses. Oxford University Press, Oxford 2001, ISBN 0-19-825787-2, 500 pp., GBP 65.00 (Hardback)." Austrian Review of International and European Law Online 6, no. 1 (2003): 446–49. http://dx.doi.org/10.1163/157365101x00146.

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Marchiso, S. "Sustainable management of water resources and international law." Water Science and Technology 42, no. 1-2 (July 1, 2000): 241–47. http://dx.doi.org/10.2166/wst.2000.0320.

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The need is being increasingly felt within the international community for more careful consideration of the legal and institutional aspects involved in the use and management of water resources. Existing legal regimes, both national and international, may have no provisions for regulating or controlling new needs for sustainable management of waters. Innovative legal frameworks for water must thus be designed to both facilitate and achieve efficient allocation or reallocation of resources for environmental protection and proceed towards the attainment of social, economic and more general sustainable development goals. The no-harm rule, the equitable apportionment principle and the duty of consultation and negotiation among riparian or sharing States are now integrated by rules and standards pertaining to the new branch of international law on sustainable development: the duty of co-operation, the precautionary principle, the prevention rule, the polluter-pays principle, the environmental impact assessment requirement, which are gaining relevance also in the context of international water resources law, as shown by the 1997 New York Convention on the Law of the Non-Navigational Uses of International Watercourses. Sustainable water management also implies widespread adoption of good governance principles that ensure broader participation in development decisions and an open decision-making process. In developing and using water resources, priority has to be given to the satisfaction of the basic right to water. This paper intends to identify an effective legal international regime for management of water resources, compliant with sustainable development principles solemnly asserted within international law.

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Matemu, Sylvester Anthony, and Damas Alfred Mashauri. "Transboundary water cooperation and conflict resolution in the Southern African region: influence of the 1890 Anglo-Germany Treaty." South Florida Journal of Development 3, no. 2 (April 7, 2022): 2585–610. http://dx.doi.org/10.46932/sfjdv3n2-081.

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The availability, distribution and control of freshwater resources have been at the centre of the human story since the start of the Neolithic revolution roughly 12,000 years ago. With the advent of the modern nation state and its attendant emphasis on sovereignty, self-sufficiency and rivalry, it comes as no surprise that interactions between states over shared watercourses have at times been tense and conflictual. This fact was elaborated by the Ex- UN Secretary General; Kofi Annan, Message during the World Water Day on 22nd March, 2002. He warned that… “Fierce national competition over water resources has prompted fears that water issues contain the seeds of violent conflict. By the year 2025 two thirds of the world’s population is likely to live in countries with moderate or severe water shortages as demand for water approaches the limit of the available supply”. Water as a fugitive resource, respects neither political boundaries nor commonly accepted notions of fairness or equity, hence posed the most complex management challenges to water managers of today. In the SADC region, shared waters cannot be viewed in a purely national context due to its fluidity and the mobility of its nature. It is factual that, over 70% of the water bodies in the region are transboundary in nature. In terms of state practice, the concept of community of interest is commonly traced back to a French decree of 1792 dealing with the opening of the Scheldt River to Navigation. The position expressed in this decree was quickly adopted in a number of instruments concerned primarily with rights of navigation in international rivers, but also in some early agreements not restricted to navigational uses. Therefore, the lakes, and watercourses which form the frontier between the two states or which are situated at the territory of both or which flow into the said lakes and watercourses shall continue to be considered as “common’. In this regard one may wish to refer to the recent global instruments namely; the UN Convention on the Law of the Non-Navigational uses of International Water (1997) which came into force on 17th August 2014 and the Convention on the Protection and Uses of Transboundary Watercourses and International Lakes (1992) which came into force on 6th October, 1996 and further in 2016 became an official global legal framework for transboundary water cooperation. These instruments are regarded as a vital step in building a strong foundation for global principles on water management and governance. Legal agreements between states during the colonial era as well as post-independence in the Southern Africa region, have formed the bedrock of cooperative water resources management regionally. The Anglo Germany Treaty of July, 1890 (The Helgoland Treaty), had established an agreement between the colonial powers of Great Britain, France, Portugal, Belgium and Germany and their respective spheres of influence over the African nations aimed to establish borders between the nations. Interesting to note in the presence of scarcity of geo-information over the areas in question; the water bodies (Rivers and Lakes) were used to mark the lines of influence hence boundaries of the sovereign states of today. This chapter therefore, will provide an account of the influence of the 1890 Anglo – Germany Treaty (Helgoland Treaty) and international customary law in regard to conflict resolution and transboundary water cooperation in the Southern Africa Region (SADC). It will also examine some of available information as well as the historical background of boundary treaties; legal frameworks for cooperation; importance of Africa Union(AU) resolutions on the same, such as Resolution AHG/Res16(1) of July 1964 as well as resolution CM/Res.1069(XLIV) of 1986 and finally a conclusion.

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Melnikovová, Lea, Bohumil Havrland, and Radim Valenčík. "Rogun – Hydropower Generating Controversy in Central Asia." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 62, no. 6 (2014): 1353–61. http://dx.doi.org/10.11118/actaun201462061353.

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The aim of this paper is to analyse the current conflict between Uzbekistan and Tajikistan over shared water resources, and propose an adequate solution. The tensions between the two countries are associated with the completion of a huge dam on a river on the Tajik territory. Such construction may have a negative impact on Uzbekistan’s irrigation needs since it may restrict inflow to the Amudarya River which is Uzbekistan’s key water resource. While Tajikistan intends to use water for hydropower, Uzbekistan needs water mainly for its cotton fields. This paper analyses the background, benefits and risks of the dam, roots of the tension, and suggests methods of resolving them. Based on the current dispute, the problem of shared water resources is generalized, discussed and two complementary approaches are presented. The international water law offers a set of guidelines applicable on transboundary water conflicts; the significance of the 1997 UN Convention concerning the law of the non-navigational uses of international watercourses is emphasized. Another instrument to grasp this problem is the game theory. The water allocation problem can be described using the Nash bargaining solution. This paper demonstrates that both approaches can contribute to resolving existing disputes over shared water resources.

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Garane, Amidou, Charles Biney, and Eléonore Belemlilga. "The 1997 United Nations Convention on the Law of Non-navigational Uses of International Watercourses: what contribution to the development of the Water Charter for the Volta Basin?" Water International 42, no. 4 (April 20, 2017): 360–71. http://dx.doi.org/10.1080/02508060.2017.1315560.

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Yihdego, Zeray, and Julie Gibson. "Implementing International Watercourses Law through the WEF Nexus and SDGs: an Integrated Approach Illustrated in the Zambezi River Basin." Brill Research Perspectives in International Water Law 5, no. 3 (September 17, 2020): 3–90. http://dx.doi.org/10.1163/23529369-12340019.

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Abstract International watercourses law, as primarily codified in the UN Watercourses Convention which reflects the basic principles of customary international water law, provides only a broad framework for states to follow. It does not explicitly address the trade-offs of water uses across multiple sectors, such as energy and food, and the interplay between water and sustainable development. These gaps could be filled by turning to policy frameworks such as the Water-Energy-Food Nexus (WEF) and the global development agendas, such as the Sustainable Development Goals (SDGs). This monograph argues that utilizing these frameworks in an integrated manner, could aid riparian states and non-state actors in the consideration of competing water uses, thereby helping to resolve tensions and promoting cooperation among concerned states, as demonstrated using the Zambezi River Basin as a case study.

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Beaumont, Peter. "The 1997 UN Convention on the Law of Non-navigational Uses of International Watercourses: Its Strengths and Weaknesses from a Water Management Perspective and the Need for New Workable Guidelines." International Journal of Water Resources Development 16, no. 4 (December 2000): 475–95. http://dx.doi.org/10.1080/713672536.

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Hildering, Antoinette. "A. Tanzi; M. Arcari, The United Nations Convention on the Law of International Watercourses: A Framework for Sharing, Kluwer Law International, The Hague 2001, xix + 358 pp., €138/US$1278/UK£87. ISBN 90-411-1652-4.S.C. McCaffrey, The Law of International Watercourses: Non-navigational Uses, Oxford University Press, Oxford 2001, xxxii + 514 pp., UK£65. ISBN 0-19-825787-2." Netherlands International Law Review 49, no. 03 (December 2002): 422. http://dx.doi.org/10.1017/s0165070x00000656.

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Lefeber, René. "Stephen McCaffrey, The Law of International Watercourses, Non-Navigational Uses, New York, Oxford University Press, 2001, ISBN 0198257872, 514 pp., $139.50 (hb), ISBN 0199264104, 552 pp., $74.00 (pb) Attila Tanzi and Maurizio Arcari, The United Nations Convention on the Law of International Watercourses: A Framework for Sharing, International and National Water Law and Policy Series 5, London/The Hague/Boston, Kluwer Law International, 2001, ISBN 9041116524, 358 pp., $127.00." Leiden Journal of International Law 17, no. 1 (March 2004): 218–28. http://dx.doi.org/10.1017/s0922156504241930.

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Fitzmaurice, Malgosia. "Laurence Boisson de Chazournez, Makane Moïse Mbengue, Mara Tignino and Romlan Sangbana (eds) (associate editor Jason Rudall) , The UN Convention on the Law of the Non‐Navigational Uses of International Watercourses. A Commentary, Oxford: Oxford University Press, 2018, v‐vii + 504 pp, hb £150.00." Modern Law Review 82, no. 4 (June 12, 2019): 759–64. http://dx.doi.org/10.1111/1468-2230.12431.

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Kadhim Alsaadi, Saad Abbas, Rasyikah Md. Khalid, and Wan Siti Adibah Wan Dahalan. "Issues and Principles on Non-Navigational Use of International Watercourses." Jurnal Undang-undang dan Masyarakat 26, no. 2020 (September 1, 2020): 57–64. http://dx.doi.org/10.17576/juum-2020-26-07.

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SOLANES, MIGUEL. "The International Law Commission and Legal Principles Related to the Non-navigational Uses of the Waters of International Rivers." Natural Resources Forum 11, no. 4 (November 1987): 353–61. http://dx.doi.org/10.1111/j.1477-8947.1987.tb00005.x.

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He, Yanmei. "China’s practice on the non-navigational uses of transboundary waters: transforming diplomacy through rules of international law." Water International 40, no. 2 (February 16, 2015): 312–27. http://dx.doi.org/10.1080/02508060.2015.1011455.

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Torres, João Paulo Machado, Olaf Malm, Elisa Diniz Reis Vieira, Jan Japenga, and Gerwin Ferdinand Koopmans. "Organic micropollutants on river sediments from Rio de Janeiro State, Southeast Brazil." Cadernos de Saúde Pública 18, no. 2 (April 2002): 477–88. http://dx.doi.org/10.1590/s0102-311x2002000200012.

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The paper is a contribution for the knowledge upon concentrations and fate of different kinds of organic micropollutants in Tropical River system from a very industrialized region in Brazil. The presented data was obtained during three years of an International Research Project between Brazilian and Dutch institutions. The sediments were sampled at the Paraiba do Sul-Guandu river watershed, the most important watercourse of Rio de Janeiro state, where up 90 % of the population depends on its water for domestic uses. After extraction with non-polar solvents in a hot sohxlet device and clean up using chromatographic columns, three classes of organic micropollutants were analyzed: organochlorine insecticides (OCs), polychlorinated biphenyls (PCBs) and polynuclear aromatic hydrocarbons (PAHs). The organochlorines, including the PCBs were scarcely present in the collected samples probably reflecting the restrictions of use of this class of compounds in the Brazilian market. However, the PAHs levels were high at the vicinity of a huge steelworks located in the city of Volta Redonda. This contamination is probably due to the massive use of coal in the above-cited metallurgical plant.

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Mazur, I. "Identification conformity of wetlands biotopes of the Northwest of the Black Sea region." Agroecological journal, no. 3 (September 30, 2016): 153–59. http://dx.doi.org/10.33730/2077-4893.3.2016.249071.

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This publication presents the analysis of the mostly used international and Ukrainian classification systems for wetland areas performed for identification of different-type marsh biotopes of steppe rivers in the Northwest Black Sea Region. Among the classification systems, the most well-known are the Ramsar Classification System for Wetland Type (1971) and Classification of Wetlands and Deepwater Habitats of the United States (Cowardin et al., 1979). In these systems, valley marsh biotopes are identified as riverine and palustrine, non-tidal, unstable (perennial impounded and seasonal/intermittent) freshwater marshes on mineral rich soils predominantly covered by grasslike plants (rush, reedmace, sedge). The delta marshes of the Danube, Dniester and Dnieper are referred to as tidal brackish and freshwater marshes. According to Ukrainian classification systems for hygromorphic geosystem, marsh biotopes are regarded as mouth wetlands, which is peculiar to delta marsh areas of the Danube and Dnieper interfluve. Thus, riverbed marshes of small and medium-sized rivers are located in other areas and are usually met both in the lower (continuous marsh areas), middle (fragmented marsh mosaic), and upper (coastland) river flow areas, which is caused by an unstable watercourse rate and transforming of their riverbed parts into marsh sections covered by eurytopic wetland species.

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KARTYSHEV, D. V., and O. M. KOTLUBAY. "METHODICAL FOUNDATIONS OF HARBOUR DUES CALCULATION DEVELOPMENT." Economic innovations 20, no. 3(68) (September 20, 2018): 89–95. http://dx.doi.org/10.31520/ei.2018.20.3(68).89-95.

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Topicality. Having carefully considered the Port Consumption Calculation Methodology presented for public discussion, Seaports Development Strategy Committee of Ukrainian Port Association's(“Ukrport”) notes some positive aspects related to the preparation of this important document, which is intended to streamline the pricing process in the area of charging port fees and to bring them up to necessary and sufficient level to ensure the normal operation of port facilities and navigational facilities, and, accordingly, the safety of navigation in the Ukrainian state responsibility zone. It should also be emphasized that the return to gross tonnage charging, rather than unit modulus, as is now the case, is a significant positive step and will contribute to greater acceptance and transparency of the Development Port Consumption Calculation Techniques. The same applies to the applied approach, which divides the port dues rate into two components: operating and investment. This is all the more important that the global approach, which uses most ports, considers port charges as a means of covering current costs for the maintenance of relevant facilities and facilities for which no commercial gain is foreseen. The commercial purpose of port facilities is to provide efficient and safe service at the port of vehicles and overload of goods, which is what creates the commercial benefit that is being generated by all participants in the transport process at the port. This is precisely because ships that use the port only as a harbor-warehouse are largely exempt from paying port duties in world practice. That is, the only source of formation of the investment component of port dues may be only depreciation of the relevant facilities.Aim and tasks. A critical assessment of the construction of a methodology for calculating port fees. As a rule, in the world for port facilities, a linear method is used to calculate depreciation charges, but there is also the possibility to use certain methods of accelerated depreciation, which, however, operate simultaneously with the appropriate methods of transfer of losses caused by accelerated depreciation on the former or subsequent time periods, and simply to levy from the shipowner funds for future development is economically insolvent and does not correspond to good maritime practice. Unfortunately, this circumstance, besides the berthing fee, has not been taken into account at all when developing the Port Taxation Calculation Method, which is presented on the website of the Ministry of Infrastructure for public discussion. Thus, in the second paragraph of item 1.1. Section II of the general provisions reads as follows: "The investment component of the berthing rates is charged to port operators and other business entities engaged in economic activities using berths for handling, handling and storage of goods, servicing ships, and other facilities. with these types of economic activity. "Research results. Next, it should also be noted that in the presented method: the base rate of the ship's fee includes: coverage of planned operating costs in accordance with the intended purpose of the ship's fee, planned operating and investment costs associated with the implementation of activities for the operation and development of the search and rescue system in the marine search and rescue region of Ukraine, marine research enterprises and river transport belonging to the sphere of management of the Ministry of Infrastructure of Ukraine. The base rate of the ship's fee is determined depending on the ship's specialization, taking into account the coefficients of K bulk carrier, K tanker, K container, K ro-ro, K passenger, other, reflecting the effect of the design features of the vessels on the ability to provide transportation of goods and / or passengers, while gross tonnage of these properties itself by itself already takes into account through the appropriate calculation methodology.Base rate for lighthouse - coverage of planned operating and investment costs for the provision and development of navigational and hydrographic navigation support;the base rate of the administrative fee includes: covering the costs of fulfilling Ukraine's obligations to comply with the legislation and regulations of navigation, international agreements of Ukraine with regard to navigation, the consent to be bound by the Verkhovna Rada of Ukraine, fulfillment of other tasks, in accordance with the international obligations imposed on the enterprises of the maritime industry, as well as merchant shipping, navigation on inland waterways, navigational and hydrographic provision of navigation, as well as in the field of maritime safety and river transport (except for the navigation safety of vessels of the fleet of the fishing industry);That is, the base rate of the administrative fee also includes the costs, which are already somehow foreseen in the ship and beacon fees.Conclusion. Having analyzed the rules of law, we can conclude that port dues are a fee for specific services to the shipowner who pays these fees. In the provision of these services, fixed assets and other non-current assets are very worn out, both physically and morally, in connection with which there is a need to direct port charges, first of all, this is the main source of renovation, repair, reconstruction and construction of hydro-technical constructions, dredging works to maintain the necessary depths in the water areas and approach channels of sea ports of Ukraine. In addition, the basis of the system of formation of tariffs for port dues is the cost of specific services received by shipowners. Control of the cost of these services with the help of a list of costs (covered by port fees), which are included in the cost, makes it possible to establish reasonable, competitive tariffs for port dues. At the same time, tariffs are kept at the market level, and if necessary, they may be justified (based on the analysis of cost of services) for the purpose, on the one hand, to ensure sufficient funds to cover costs included in cost, and on the other hand to ensure the attractiveness of port dues for shipowners, cargo owners in order to attract more cargo to seaports, primarily transit.

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"United Nations: Convention on the Law of the Non–Navigational Uses of International Watercourses." International Legal Materials 36, no. 3 (May 1997): 700–720. http://dx.doi.org/10.1017/s002078290001620x.

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The present Convention applies to uses of international watercourses and of their waters for purposes other than navigation and to measures of protection, preservation and management related to the uses of those watercourses and their waters.The uses of international watercourses for navigation is not within the scope of the present Convention except insofar as other uses affect navigation or are affected by navigation.

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