Author: Edited by Laurence Boisson de Chazournes, Makane Moïse Mbengue, Mara Tignino, Komlan Sangbana, and Jason Rudall
Publication Date: 13 February 2019
Edited by Laurence Boisson de Chazournes, Makane Moïse Mbengue, Mara Tignino, Komlan Sangbana, and Jason Rudall
- Explores how the UN Watercourses Convention and other instruments such as the UNECE Water Convention and the 2008 ILC Draft Articles on Transboundary Aquifers interact with regional and specific agreements on shared water resources
- Examines the relationship between the UN Watercourses Convention and Multilateral Environmental Agreements
- Provides concrete illustrations of the challenges and best practices in the implementation of freshwater management and protection at the universal level
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, which examines the travaux preparatoires leading to the Convention and practice developed since the adoption of the Convention in 1997. Tackling the rationale and objectives of the provisions, they offer crucial insights on the Convention’s impact on the development of a universal regime for shared water resources.
Examining cross-cutting topics such as 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.
Table of Contents
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), L. del Castillo-Laborde
Section 4: Planned Measures
9: Notification and Consultation Concerning Planned Measures (Articles 11-19), 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 Procedures 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
Appendix: Convention on the Law of the Non-Navigational Uses of International Watercourses
Laurence Boisson de Chazournes, Professor of Law, University of Geneva, Makane Moïse Mbengue, Associate Professor of Law, University of Geneva, Mara Tignino, Senior Researcher and Coordinator of the Platform for International Water Law, University of Geneva, Komlan Sangbana, Teaching and Research Assistant, University of Geneva, and Assistant Editor Jason Rudall, Researcher, Faculty of Law, University of Geneva.
Laurence Boisson de Chazournes is Professor at the Faculty of Law at the University of Geneva. She is a world-renowned expert in international water law. She is the author of Fresh Water in International Law published by Oxford University Press in 2013. In 2001, she was the Director of the Session on Water Resources and International Law of The Hague Academy of International Law. She served as Counsel in the International Court of Justice case Pulp Mills on the Uruguay River and as the legal expert for the Baglihar Dam dispute (under ICSID). She was involved in the negotiation of the Water Charter of the Senegal River and the accession of Guinea to the Charter. She also contributed to the negotiation of the Nile Cooperative Framework Agreement.
Makane Moïse Mbengue is an Associate Professor at the Faculty of Law at the University of Geneva. He is the author of several articles on fresh water and international law published in leading journals of public international law. He is an expert for international organisations and States in matters dealing with the management and protection of transboundary water resources. He was involved in the negotiation of the Water Charter of the Senegal River and the accession of Guinea to the Charter. He has also contributed to development of the Water Charter on the Chad Lake Basin and was involved in the campaign for the ratification of the UN Watercourses Convention at the level of some African river basins.
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.
L. Boisson de Chazournes, M. M. Mbengue, M. Tignino, K. Sangbana
S. Doumbe-Bille, F. Paccaud
M. M. Mbengue
Salman M. A. Salman
L. del Castillo-Laborde
R. Paisley, T. Henshaw
Takele Soboka Bulto
L. Boisson de Chazournes
F. Sindico, L. Movilla
P. Canelas de Castro
L. Boisson de Chazournes, M. M. Mbengue, M. Tignino, K. Sangbana
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