The UN Convention on the Law of the Non-Navigational Uses of International Watercourses A Commentary

by Boisson de Chazournes, Laurence; Mbengue, Makane Moïse; Tignino, Mara; Sangbana, Komlan; Rudall, Jason

• ISBN13: 9780198778769
• ISBN10: 0198778767
• Format: Hardcover
• Copyright: 2019-02-13
• Publisher: Oxford University Press

Author Biography

Laurence Boisson de Chazournes, Professor of Law, University of Geneva, Makane 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,

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 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 Senior Researcher and Coordinator of Water Law at the Faculty of Law at the University of Geneva. 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 serves as an expert on international water law for the United Nations Institute for Training and Research (UNITAR). She was also a Legal Adviser in the International Court of Justice case Pulp Mills on the Uruguay River.


Komlan Sangbana is Teaching and Research Assistant at the Faculty of Law at the University of Geneva and member of the Platform for International Water Law. His Ph.D. thesis focuses on international water law.

Table of Contents

Introduction: A Road Map for the Analysis of the UN Watercourses Convention, L. Boisson de Chazournes, M. M. Mbengue, M. Tignino, K. Sangbana
Part 1: The Path to the UN Watercourses Convention and Beyond S. McCaffrey
Part 2: Nature and Aims of the Convention
1. The Nature of Framework Convention (Preamble), S. Doumbe-Bille, F. Paccaud
2. Scope of the Convention (Article 1), M. Arcari
3. Definitions and Use of Terms (Article 2), A. Rieu-Clarke
Part 3: The Convention and other Watercourse Agreements
4. The Relationship between the Convention, Existing and Future Fresh Water Agreements (Articles 3 and 4), M. M. Mbengue
Part 4: General Principles of the UN Watercourses Convention
5. Equitable and Reasonable Utilization and Participation and Factors Relevant to Equitable and Reasonable Utilization (Articles 5-6), L. Caflisch
6. Obligation not to Cause Significant Harm (Article 7), Salman 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
Part 5: Planned Measures
9. Information and Notification concerning Planned Measures (Articles 11-16), K. Sangbana
10. Consultations and Negotiations Concerning Planned Measures (Article 17), K. Sangbana
11. Procedures in the Absence of Notification and Urgent Implementation of Planned Measures (Articles 18 and 19), K. Sangbana
Part 6: Protection, Preservation and Management
12. Protection and Preservation of Fresh Water Ecosystems (Articles 20-23), O. McIntyre
13. Management (Article 24), D. Ziganshina
14. Regulation (Article 25), R. Paisley, T. Henshaw
15. Installations (Article 26), D. Azaria
Part 7: Harmful Conditions and Emergency Situations
16. Prevention and Mitigation of Harmful Conditions and Emergency Situations (Articles 27-28), R. Moynihan
Part 8: Miscellaneous Provisions
17. 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
18. Public Participation and the Principle of Non-Discrimination (Article 32), Takele Soboka Bulto
Part 9: Prevention and Settlement of Disputes
19. The Settlement of Disputes through Non-Judicial Means (Article 33.1-33.9), A. Tanzi
20. The Settlement of Disputes through Judicial Means (Article 33.10 and the Annex on Arbitration), L. Boisson de Chazournes
Part 10: The UN Watercourses Convention and Instruments Dealing with the Management and Protection of Freshwater Resources
21. The Interplay between the UN Watercourses Convention and the Law on Transboundary Aquifers (Article 2), F. Sindico, L. Movilla
22. he Interplay between the UN Watercourses Convention and the UNECE Convention on the Protection and Use Transboundary Watercourses and International Lakes, J. Lammers
23. The Interplay between the UN Watercourses Convention and International Environmental Law, P. Canelas de Castro
24. The UN Watercourses Convention and International Economic Law, B. McGarry
Part 11: Final Analysis and the Way Forward
25. An Assessment of the UN Watercourses Convention, L. Boisson de Chazournes, M. M. Mbengue, M. Tignino, K. Sangbana
Appendix I. Text of the UN Watercourses Convention (1997)
Appendix II. ILC Draft Articles on the Law of the Non-Navigational Uses of International Watercourses and the Resolution on Groundwater Resources (1994)
Appendix III. ILC Draft Articles on the Law of Transboundary Aquifers (2008)
Appendix IV. UNECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes (1992)