Downloaded By: [World Bank Group Library] At: 19:30 25 October 2007 o.2,N.4 2–4,Dcme 2007 December 625–640, 4, No. 23, Vol. Development, Resources Water O:10.1080/07900620701488562 DOI: Online/07/040625-16 Print/1360-0648 0790-0627 [email protected] Email: law the to Address: Correspondence contributions major made have (ILA), Association effect. Law and of force International years into the 23 enter and to after yet 1997, has May thereafter, deliberations Assembly 21 extensive General and on (ILC), the Commission Assembly by Law International General the was the by Nations which of work Convention), other United Law preparatory UN and the the (the Nations by on Watercourses United Convention adopted International the Nations of of United Uses work The Non-Navigational in and institutions. treaty efforts international universal tremendous situation scholarly no the This still despite watercourses. international is persisted of there uses has 19th hand, non-navigational emerged, the other the the have of regulates On rules that beginning agreements. force uses. other customary the of such basic at number regulating a some concluded rules by was although followed on was uses agreement treaty navigational that an and on get century, treaty to non-navigational the easier first than relatively of the important also beginning Indeed, more a was the were it as uses such and navigational early uses, time, for uses. as two that emerging the reason At of started century. each uses main for 19th emerged navigational has The regulating rules international rules uses. of The set non-navigational separate a that and legal is for distinction classified, navigational been have into lakes and purposes, rivers international of uses multi-dimensional The Introduction A USA DC, Washington Bank, World The SALMAN A. M. SALMAN Law Water International on Rules: Perspectives Berlin the Watercourses and UN Convention the Rules, Helsinki The xmnstebsccalne aigitrainlwtrlaw. water and international them, paper facing the among The the differences challenges Convention. and basic of similarities Watercourses and rules, of the Nations Commission areas law United examines basic Law water Law the the international and discusses International instruments, basic Rules, International those the some Berlin analyzes in and of Helsinki resulted of the work institutions as those the Institute such of as work of The the well work Nations. extensive as United the organizations, Association, notwithstanding Law is non-governmental This International resources. scholarly such of protection two and uses the regulating BSTRACT w coal o-oenetlognztos h nttt fItrainlLw(IIL), Law International of Institute the organizations, non-governmental scholarly Two hrdwtrrsucsrmi h otipratae ihu nvra treaty universal a without area important most the remain resources water Shared amnM .Sla,LglVc rsdny h ol ak ahntnD,USA. DC, Washington Bank, World The Presidency, Vice Legal Salman, A. M. Salman 1 q 07Tyo Francis & Taylor 2007 Downloaded By: [World Bank Group Library] At: 19:30 25 October 2007 ntedcieo h urmc fnvgto htpealdtruhu h 9hcentury. 19th the throughout any prevailed territory that navigation its step of another on yet supremacy to marked the out subject Convention of this carry desirable, decline of consider the to adoption may in The That state law”. it international that adopted. riparian of power limits was any hydraulic “the State) of of development One right for 1921, than the operations More with in Affecting dealt the to concluded Power Convention Relating as Convention Hydraulic rivers (General was of Convention of uses Geneva the other Development which of 1923, recognized in but Regime later years Concern), navigation, the Two of well. freedom on International of Statute principle the of and reconfirmed demanding (Convention more Waterways irrigation, Convention and Barcelona also Navigable domestic as and The such materials, necessary. growth uses, steady and and other The industries. rendered goods and also hydropower of for population as transportation in such rivers, for of uses modes other efficient necessitated more and speedier countries. navigable European the the all opening all Treaty by to the Peace navigation Europe 1919 of in Act in The trend this movement rivers well. result, liberalization as a the the As states continued facilitate them. non-riparian Versailles of and to to all of Congo navigation for was of rivers the Act its freedom to of the that some regard extended opening by of with by 1885 purpose Africa Berlin in in The of powers colonial expanded Congress Africa. and the in of confirmed Rivers Act was Niger General and the prevail, over treaty, to priority another continued its Vienna as of well Congress as all basis, for reciprocal navigation a of on freedom share, the of they of uses. Act and rivers principle other the the the regulation, named on established of 1815, states Act in form riparian treaty The some a Vienna. conclude necessitated of to navigation Congress powers highways. European for single international major into the rivers the rivers became of prompted such navigation that turning uses century, virtually at extensive Europe, 19th navigation The in the with rivers of competitors of user beginning major largest the not by rivers, were of Accordingly, hydropower, uses time. non-navigational and transportation Additionally, of irrigation development. means as of other stage such because industries early transportation and an of at Governments mode then continent. main were the the of across as movement rivers people, massive to as caused turned well Europe as in materials, revolution and industrial goods the of facing commencement The challenges major Uses Navigational the of perspectives Regulation of in different ILA, some the the analyzes discusses and and IIL also examine law. the instruments, to paper water and of international those Convention, The work UN by them. the the as analyze adopted between well and as relationship Rules, discuss Berlin the to The and Convention. Helsinki is the the of paper particular status the the and of Convention, adopted. UN was purpose the Convention and UN them the between after the relationship years and seven 1966 in 2004 ILA issued in the of were issued work that were The Rules that Convention. Helsinki Rules UN famous Berlin the the on things, ILC other the Their among of rules. includes, that and years resolutions many of by number predated a work of adoption through watercourses international of 626 oee,tegot n xaso fteidsra eouinisl eutdin resulted itself revolution industrial the of expansion and growth the However, the of Act the by established navigation of priority and freedom towards trend The the rules, those of weight relative the regarding arising keep questions such, As .M .Salman A. M. S. Downloaded By: [World Bank Group Library] At: 19:30 25 October 2007 rnil i o anwd cetnebcuerpra ttsbleeta tfre them This of forces body. it basis collective that a believe the in states on riparian river because the or acceptance over wide rights agreement gain the not goes by vesting but did principle, by of either principle third principle body the of them collective third extension the the further among in a beyond is vested divided principle are this economic river such, or an As entire proportionality. is the states, basin of river riparian waters entire the the the over that rights is riparians. the principle river. and the this other international unit, of the asserts harm basis of The and not waters river. the international above, does of uses discussed use the principles in such riparians both that all of restricts is ensure equality but principle river, to international this the duty of waters Accordingly, corresponding the use to a right a under has state riparian every This that asserts appropriation. part favour a prior as to recognized law. or not intended is water Doctrine, uses international is Harmon contemporary the principle existing it like exact of and, this as the criticized protecting been is sovereignty most, also by principle has territorial At principle this often absolute riparians. essence, to riparians, of In not lower principle state. downstream state other upstream the that an to on of by duty waters opposite uses a of minimal imposes only but flow into tolerates river riparians, natural international or an riparian such of flow upper restrict natural the the from of continuation territory demand its to state riparian for a call of and states, the other disputes. to to of contrary harm resolution law, causing peaceful international from and of and and states cooperation principles tribunals riparian basic criticized prohibit The international were Doctrine, field. of entailed Harmon this decisions it in it subsequent experts manner principle of by any the writings other reasons, in to and obvious cause river may opinion for use international such this discredited, that an Rio impact However, of the adverse states. or of waters harm free riparian the waters is the for state the of concern a without of that territory, fit, concluded uses deems its opinion the His within of share. regarding dispose, Mexico States 1895 and to United States in the United opinion the of that an General Grande gave Attorney he the was when Harmon and America Judson lakes theories Doctrine. and Harmon rivers Different the international century. uses. 19th of the uses non-navigational in the late such on emerge regulate practice to started state to varying adoption factor. rules the reflecting important by principles accompanied another official not was was any further lakes population after and in of rivers efforts was on growth development reliance and steady and increased this The reconstruction continued, However, War. the of World navigation non-navigational because for Second of lakes largely the and result, rivers freedom a on as reliance and heavy purposes and primacy increasing the the by necessitated in decline The Uses Non-navigational Regarding Rules of Emergence 1998). (Caflisch, field and this prevail in to to continued law only has international situation restricted This customary gradually river. contemporary was shared represents navigation particular of the of division of freedom the states and camps, riparian War the west World and Second east the into After affected. Europe also was navigation of Freedom h orhpicpei h omnt fc-iainsae ntewtr fan of waters the in states co-riparian of community the is principle fourth The integrity, territorial limited or sovereignty territorial limited of that principle, third The right the establishes It integrity. territorial absolute is emerged that principle second A as known also is which sovereignty territorial absolute of that is principles those of One h esniRls h NWtrore ovninadteBri Rules Berlin the and Convention Watercourses UN the Rules, Helsinki The 627 Downloaded By: [World Bank Group Library] At: 19:30 25 October 2007 icsinb h L tteTkomeigta a edi 94 swl steHelsinki the of as well essence as the 1964, in was held each utilization was that equitable that meeting of Tokyo stated the the principle at of Resolution ILA The uses The the beneficial basin. the by 1958. in discussion drainage share in the equitable and of ILA reasonable a waters the to entitled by is state adopted co-riparian was due which with control Resolution such states. exercise riparian to other state on in that effects ILA required international its the the but of over by boundaries, consideration has issued own state was its each control within Statement, watercourses. sovereign river Dubrovnik the shared the confirmed of Statement as The utilization known 1956. equitable resolution, such and first reasonable The of principle the the of emphasize that such including to environment, riparians. pollution other the cause may harm with that adversely dealt acts or any 1997 watercourses, prohibit resolutions and the resolutions The of 1979 Those Resolution. prohibition watercourses. in absolute Salzburg shared IIL the the Thus, the by states. by other relaxed waters adopted by the somewhat use use to was of state right Declaration that of the Madrid right to the the the river subjected of to shared but obligation states, the the contrast other of emphasized to sharp harm Resolution Madrid cause Salzburg in to The the not stood 1961. states Resolution in Salzburg Declaration as adopted the by IIL The known curtailed, the but riparians. which elaborated, that resolution, was other activities approach to This first against Doctrine. injury Harmon prohibition Its absolute in established states. result 1911, may riparian in adopted other and institutions. both Declaration to international of of members harm the principles of significant customary respectability by established and authority expertise the considerable the reflect from a they and possess that law, resolutions treaties water fact formal and and conventions the a those conventions rules of ratify have and from those virtue sign not differ states However, do that They treaties. fact rules se. the and from per and effect binding binding resolutions their legally Both derive those which not recommendations. that are exits. clarified through and it as be standing, lawyers law should international international codifying it at aim all and However, which larger rules to is and hand, resolutions open other adopt the institutions on is organization ILA, smaller in The membership a invitation. is established and its IIL election organizations The by law. non-governmental is international membership of scholarly whose fields both various on are working ILA and 1873, the and ILA IIL the and The IIL the of Contribution and Philosophy discussed last be the paper. will for as this principles, law of and two parts water those complex next international between quite the relationship on the in proved debate been the principles has century of two out a area working half those However, major between riparians. the other relationship Indeed, to challenging. the harm watercourse, significant shared of the cause details of to of waters not the equality the duty the use the on to as based right well is the as which both theory, encompasses The states, law. riparian water all international modern of riparians. basis sovereignty different the overlooks the that of principle demands ideal competing an the is and this nationalism, Clearly, and agreement. an reaching into 628 h prahsatdb h urvi ttmn a endb h e York New the by refined was Statement Dubrovnik the by started approach The they that in IIL the of those from differ ILA the by adopted rules and resolutions The cause to not obligation the on, centred are and emphasize, IIL the of resolutions The formed and survived sovereignty territorial limited of that theory, third the only Hence, .M .Salman A. M. S. Downloaded By: [World Bank Group Library] At: 19:30 25 October 2007 oe ierneo sus nldn ohnvgtoa n o-aiainlue of uses Rules non-navigational Helsinki and the such, navigational As both dispute. including a issues, to watercourses. rise of international give range that chapter or installation wide the basin or a of the construction part cover of proposed latter regime any any The the of disputes. alter riparians to of would other not entitled prevention of procedures, the not notification the on for with chapter is of of also deals a uses include but all decline also equates settlement, uses of such, Rules for as category legal the The only Article, basins. non-navigational The or international drainage confirmed uses. of international use category and first of Rules or a uses use the that Helsinki other navigational any stating over is the preference by both inherent this of navigation that for VI of noteworthy primacy Article rules is rivers. include It international or river basis. the to of reciprocal course entire instrument the a on navigation on free of principle right lake law the international state customary riparian state the each grants incorporate co-basin that Rules the a navigation, to to regard injury With substantial causing needs without the which satisfied, to co-basin be degree the the 1966). may of (k) (ILA, more state and or uses; basin one among a conflicts to adjusting of compensation of of of of means utilization costs practicability a the the the as comparative in (h) states (j) waste population the state; basin; unnecessary basin (g) the of the each avoidance of state; (f) of the waters basin needs (i) state; social resources; each other and basin in of economic each availability the basin existing satisfying of the particular, of of needs in means the alternative including waters social affecting basin, the climate and the on the of economic dependent (c) waters the state; the (e) basin of including utilization each basin, utilization; the past by of the water the hydrology (d) of of the extent basin; (b) contribution the state; particular, the basin in each particular including of in basin, territory but the the include, of in considered geography basic area be the to drainage (a) the state. factors to: relevant basin the as limited each that not for states states are share Rules a equitable Helsinki specified riparian the and have of reasonable the Rules V the Helsinki Article determining among the for purpose, factors basin that of For drainage number law. water international international that of an time principle of first the waters is instrument. the This legal international water. any surface by to addressed Helsinki connected was the groundwater groundwater including such, transboundary to As waters, terminus”. of apply over common international system also a the extending an of into of Rules area of flowing limits Waters geographical waters waters, watershed “a underground the the the and as by of surface of determined defined use States is only, Uses the more basin rivers to or the drainage two international applicable a on are to Such Rules refers Rules basin. the Rules drainage ‘Helsinki that the states of the I in title as Helsinki Article rivers the in international known meeting Although its on Rivers’. are in working ILA International started rules the by it the issued Those since rules and comprehensive 1966. years York the 10 New for and first road Dubrovnik the the paved in in ILA Tokyo the in by discussion adopted resolutions and statements The the Rules for Helsinki The rule rivers. guiding international the of as field principle the the in established ILA the meting of latter work The 1966. in meeting h ue eoeasprt hpe oec fpluin aiainadtme floating. timber and navigation pollution, of each to chapter separate a devote Rules The of utilization” equitable and “reasonable of principle the established Rules Helsinki The h esniRls h NWtrore ovninadteBri Rules Berlin the and Convention Watercourses UN the Rules, Helsinki The 629 Downloaded By: [World Bank Group Library] At: 19:30 25 October 2007 eeitne ocaiycraneeet ihrgr oteapiaino h Helsinki the of application the to that regard Resources’ with elements Water certain International clarify to ILA to the Applicable conference, intended basin Seoul Rules were its drainage at ‘Complementary international 1986 In an the 1982. the of in adopted Conference waters with Montreal the the dealt at of adopted environmental pollution set were resources’ on natural first with Articles dealt other The second to Separate the resources elements. rules. and water watercourses, international of international Belgrade of of sets relationship the water the the two 1980, of flow adopted In the of Association adopted. Rules regulation the were the 1976 in Watercourses of and Control, International Conference Flood Helsinki of on the Articles of Administration issuance its the issued on after Association off the taper 1972 not Rules did In Berlin law Rules. water the international to on work Consolidation ILA Campione The the through (Sherk, Rules states Helsinki the riparian From the of each of share water relied the disputes the water determining inter-states on on 2000). in America decisions factors of Africa the relied States similar of both United many the South 1975, on Moreover, of in 2002). Court Nations and Uprety, Supreme United & the the (Salman of to Namibia Rules River Helsinki Ganges the between the Helsinki on presented over heavily the Bangladesh dispute Agreement and the to India on When reference 1992 case Commission. their specific Water the Permanent made a also of as Establishment treaties bilateral such to references the explicit Rules made of 1995 itself in Some Watercourse Protocol the concluded Rules. Shared and Rules, (SADC) such on Helsinki Community as the Protocol on Rules Development largely the Helsinki African based the was Similarly, Southern of share. V the share Article such in equitable in Systems determining and specified reasonable for factors of in the factors principle extent, embraced the the large India, a Rivers, Delhi, to New included, International and in meeting on Asian-African its the Sub-committee in example, international 1973, For Committee, the countries. and referred by Consultative organizations been of accepted have Legal number Rules a soon by The were adopted 1996). As or (Bourne, UN Rules to watercourses. law international Helsinki Indeed, international the of customary the watercourses. law as of international Bourne, community the of of adoption Charles codification protection by general the and noted first use until the quoted the are widely However, Rules regulating and those authoritative for se. most rules single per the of remained set effect they later, years binding 30 Convention legally or such determining standing for of elements and the principle law, 1966). of one (ILA, water the as utilization utilization. international harm equitable established of cause and existing to rule reasonable have not cardinal particular obligation the Rules the placed as in past have determining Helsinki utilization is in including equitable the element utilization and one basin, reasonable Clearly, equitable as appropriation the determining utilization. prior in treat of equitable Rules considered waters Helsinki be the the Accordingly, to needs of one by included that river factor utilization the Another Rules of be utilization. use equitable the should the determining from for It in result factors ILA. may the not of that obligation the one injury the as the to of riparian specify reference work rather separate but a the harm, include in cause not to do principle Rules Helsinki guiding the the that mentioned as emerged basins drainage 630 ieohrILadIArlsadrsltos h esniRlshv oformal no have Rules Helsinki the resolutions, and rules ILA and IIL other Like international the of waters the of utilization equitable and reasonable Henceforth, .M .Salman A. M. S. Downloaded By: [World Bank Group Library] At: 19:30 25 October 2007 h L ic h esniRlswr sudi 1966. in issued not by approved were did work Rules the Rules Helsinki all Those of the consolidation 1999. since and June ILA compilation a Water in the rather the Italy, but ILA during work, Campione, the new completed of in present was Consolidation meeting Campione 1966–1999’, Committee ‘The Resources, Resources as Water known International rules, on than instrument. consolidated Rules more one the in in rules of scattered those draft consolidate be to The may decided issue ILA the same Accordingly, the instrument. one governing provisions and expanding, were remedies private 1996. and pollution in riparian on adopted the rules were including Supplemental drainage urged groundwater, waters. and international surface international with groundwater their an not use of of conjunctive management of do protection integrated waters the with that consider dealt groundwater, surface to aquifers also states from, transboundary transboundary Rules water Seoul to with receive The Rules basin. dealt or Helsinki to, Rules the water Seoul of contribute co-basin the of the application under territory way the addition, the general extending a in In in resources addressed Rules. water were co-basin which of Helsinki of to use all injury the procedures, notification substantial or and works issues: states, of three installation with the dealt states, Rules Complementary The Rules. teWrigGop,adb h eea sebyo h ntdNtos h Convention the Whole Nations, United the the Sixth of of the Group Assembly General Working by the as deliberations by convened and formal Committee), Group), and Working Legal (the informal (the the UN of General adopted the the years of and to three articles Committee work draft After its the year. recommended completed and that It 1994, Assembly in 1971. Convention in draft ILC the Convention The of law. draft articles international the of on development and working progressive composed Assembly, and started General body codification Nations UN the United a the with is by tasked ILC elected is The states, asking by watercourses. resolution nominated international a experts of legal adopted topic of Assembly the General study to Nations ILC United the the 1970, December 8 On Convention on Watercourses Nations Nations United developments United The the subsequent in on apparent particularly influence below. is discussed major as influence customary Convention, had This representing Watercourses as law. have accepted water widely the and international before, effect, binding stated law, legally as any international have been, not have rule do cardinal they Rules of the although principle Helsinki as And the Rules law. expounded Helsinki water the and international in embraced for elaborated work utilization’ The equitable later. law. final and discussed water ‘reasonable The be international rules. will of new as issues the 2004, of on in reports Berlin of in number Resources approved a and Water on presented worked on the was and Committee to report meetings The correspond of law. to series water Rules a Helsinki international held the customary of of updating state and present revision the dispute with on further proceed other the the on and one association, Annexes, two resources 2001). and ILA. water (Bogdanovic, the Articles settlement international by 67 approved an of been of already consist had establishment Rules content Consolidated their because Campione Rules The the of note took 2000 ytelt 90 n al 90 tbcm la htterlsteIAhdadopted had ILA the rules the that clear became it 1990s early and 1980s late the By ssc,tewr fteIAhsbe ut xesv n a drse ie array wider a addressed has and extensive quite been has ILA the of work the such, As to 2000 in decided ILA the Rules, Consolidated Campione the of issuance the Following h esniRls h NWtrore ovninadteBri Rules Berlin the and Convention Watercourses UN the Rules, Helsinki The 2 h L etn nLno in London in meeting ILA The 631 Downloaded By: [World Bank Group Library] At: 19:30 25 October 2007 qiesta ontcnrbt ae o rrciewtrfo,sraewtr fan of waters surface from, water transboundary receive includes or earlier, to, of noted water definition basin. as contribute the drainage of not which, international expansion do Rules, the that incorporate Seoul aquifers not the does It under that water. groundwater the groundwater only surface of and includes that to and whole on connected Rules, largely unitary Helsinki is based the is a under definition basin relationship This drainage terminus”. physical international common their a into of flowing virtue and normally by equitable constituting groundwaters agreements; watercourses settlement. protection, measures; dispute planned and ‘watercourse’; harm; management; cause and to term include not preservation addresses obligation the the Convention and the utilization of that reasonable areas main definition The arbitration. the on question. few Convention. Annex the in an and of includes watercourse provisions the aspects the of adjust characteristics procedural or specific adopt basic can the agreements agreements account in some Such complement into to take states addresses riparian would the for it that details the generations. leaves convention, future and ones, and substantive framework present for a thereof valuable utilization As sustainable “the and and optimal watercourses, recognizes international promoting of protection field”. itself and management this conservation, in Convention development, law the international of Indeed, development to progressive non-governmental, IIL. and and codification governmental the both the organizations, of international later. of discussed that contribution as Convention, on to the acceded under or required partly ratified that been of only short 35 has far accepted It its needs number after force. a or years Convention into states, 10 enter 16 year, approved The to this by still of Convention signed. As is force. the Convention it into the enter have adoption, having to by accession can Convention without or ratification the they of process Although to instruments that Convention. parties legislative means the become their still signed This through 27 can states it. states 16 were 2000, to only May time acceding there 20 that on By and closed 2000. signatures Turkey), May 20 and voting. until the years China in participate (Burundi, not for voted did against countries countries 103 52 3 of while total A abstentions, with 1997. May Convention, 21 on Assembly the General the by adopted was ae eore ftewtroreadtecs fmaue ae ota fet n (g) and the effect; of that to uses taken the measures or of of use cost economy the and the and development watercourse of protection, the conservation, effects of resources (f) potential the water and watercourse; existing (d) (e) the states; of watercourse state; other uses on watercourse state on watercourse social one dependent the in population the watercourse the in (b) (c) character; concerned; watercourse states natural watercourse the a the of into of hydrographic, needs factors taking geographic, economic other requires and (a) and 5, including: ecological Article circumstances, climatic, of and hydrological, an meaning factors in relevant the watercourse all international utilization. within an account reasonable manner, of and reasonable utilization equitable that and that states such equitable circumstances Convention determining and the for of factors 6(1) account certain Article 6 into Article taken in be down should lays and utilization, reasonable 632 h em‘aecus’i endb h ovnint nld oh“ufc ae and water “surface both include to Convention the by defined is ‘watercourse’ term The it addition, In Articles. 37 of consists and parts seven into divided is Convention The utilization, the ensuring at aims that convention framework a is Convention The and Rules, Helsinki the particularly work, ILA the on largely based is Convention The three for open remained and 1997, May 21 on signature for opened was Convention The iia oteHlik ue,teCneto mrcstepicpeo qial and equitable of principle the embraces Convention the Rules, Helsinki the to Similar .M .Salman A. M. S. 3 Downloaded By: [World Bank Group Library] At: 19:30 25 October 2007 oohrwtroresae.Nvrhls,we infiathr scue oanother to caused is harm significant when Nevertheless, harm significant other states. of causing depriving the watercourse prevent to other by measures watercourse appropriate to international caused all an take be utilizing to territory, when 7(1) their can Article states, in Moreover, watercourse uses. harm obliges existing Convention their because affecting the thereby of riparian, and significant flow another whether water determine the to of to riparians factors, on caused other with State Those is used, watercourse watercourse”. be one the harm to of in need factors uses watercourse also potential will the Those and factors of “existing same utilization. a uses (ii) enumerates or and equitable 6 States”, use cause Article and watercourse the other Convention. of reasonable to the effects of “the determining not 7 (i) for and include: 6 obligation factors 5, Articles of the is of conclusion number This the reading subordinated utilization. close reasonable that a Rules, and on equitable is based of Helsinki principle view the the to prevailing harm significant the like language, has, compromise Convention this notwithstanding However, two Those 6”. and 5 Articles Caflisch Lucius to to As measures utilization. regard reasonable take and due to equitable noted: of “having harm principles the significant harm with causes deal such Articles The that new mitigate The state reached. a harm. the or significant was debate, requires cause eliminate 7 to lengthy principles not Article differences After two obligation of the sharp surfaced. language the on where 7 principles between Article Group two addressed relationship Working compromise those the the on regarding by states discussed compromise riparian was on principle the issue one rapporteurs impact subordinating The between ILC or may the principles other. Different two and that Convention. the the the elusive equating to activities on differently, proven issue work for has the its with priority watercourse throughout dealt takes ILC the rule the of dogged which issue share on Agreement their states. utilize scope downstream more to provides it tend because states riparians principle, utilization for upper impacts reasonable against Conversely, and uses equitable states. existing the that upstream protects favour connection by to it this as undertaken rule, in activities harm clarifying from no of worth resulting the causing favour is the to It prevent tend states. to riparians watercourse lower measures other appropriate to all harm take significant to states a watercourse and the the requires of together V Article considered is of be language what exact to the determining is are This in whole. Rules. factors that the Helsinki of the relevant clarifies basis the that all further on reached states with use, Article conclusion comparison Convention The in equitable the importance factors. and its of by relevant reasonable determined 6 be other Article to is of Rules, factor that each Rules. Helsinki to Helsinki the given the be of of to concluded those weight be V on largely can Article based it are to Rules, Convention Helsinki Similar UN the the under under factors factors use. the the existing that or with planned factors particular those a to comparing value, In comparable of alternatives, of availability the h ovninas el ihteolgto o ocuesgicn am and harm, significant cause to not obligation the with deals also Convention The otay aeyta,ta oml a togeog ospotteie fsuch of of idea principle the the support to the to 15) enough just p. rule strong thought 1998, was no-harm (Caflisch, riparians formula subordination. upper the that of that, of number sufficiently namely A subordination be contrary, utilization. to a reasonable riparians and lower suggest of equitable to number a not by considered neutral was formula new The h esniRls h NWtrore ovninadteBri Rules Berlin the and Convention Watercourses UN the Rules, Helsinki The 633 Downloaded By: [World Bank Group Library] At: 19:30 25 October 2007 ny1 onre aertfido cee oteConvention. the to 2006, acceded December of of or As instruments ratified effect. of and joint have force number into countries of necessary enter to 16 the use it obtained only enable to or yet accession not or party, has ratification Convention third the a Nations, International by the to conciliation or a arbitration Justice. and to down dispute of the mediation Court lays of submission the or Article or seeking institutions, jointly The of, watercourse negotiations, including procedures. offices disputes, and of Convention good settlement the mechanisms for protection to methods settlement Annex and of the number species; dispute and new 33 with Article or environment. a alien deal prevention, marine of with the ecosystems; introduction of deals of preservation pollution; and preservation part of and control This and protection watercourses. reduction including: international elements, of of of number states Management’ riparian and other Preservation of effects. notification adverse through significant possible and with information, measures and planned data of exchange through, refer is not harm. watercourse did cause Court the to The of not 1997). obligation (ICJ, protection manner” the and reasonable to development and equitable use, an a the in of implemented form for the unit, in programme, and single multi-purpose equitable “the of co-ordinated United that concept directed the the it by emphasized when Court adopted utilization the was reasonable case Convention that the In Assembly. after and General months Nations four (the equitable 1997, Slovakia September of in and principle decided Hungary the Convention. between Watercourses Rules, UN case Helsinki the of the principle has fundamental to harm the similar is cause it utilization to that, Hence, reasonable of not utilization. concluded reasonable obligation possibility and be the equitable the of that of can when principle 7 conclusion the as and to the 6 subordinated such been to 5, indeed cases Articles lead of certain should reading careful in Convention a the tolerated Accordingly, that considered. be indicates be also may may has paragraph compensation harm harm The of significant state. when causing watercourse due utilization another the giving reasonable to requires and caused 7(2) to equitable been Article of nevertheless appropriate, such, principle where As the Convention utilization. and to the reasonable of regard harm, 6 and and consultation such 5 equitable in Articles mitigate with before, 6, noted deal or and As compensation”. eliminate 5 of Articles question to the to discuss State, harm regard the affected due causing the having state measures, the with requires appropriate Convention all the “take of to 7(2) Article then state, watercourse aysae r olne aifidwt htcmrms,adfrte hr sstill is there them for and prevails. principles compromise, two that the of with which discussion satisfied to lengthy as Apparently longer and ambiguity generated language. no compromise considerable equitable issue a are in this between states resulted earlier, which relationship major many debate, discussed a Group the doubt Working As no the of is situation. during harm significant this issue cause for to the not reason obligation with this the which of and in dealt manner utilization scope the reasonable the has of beyond states are Convention riparian Convention the the of the to understandings different accede the or However, ratify paper. to states the of reluctance 634 e er fe t dpinb ag aoiyo h eea sebyo h United the of Assembly General the of majority large a by adoption its after years Ten ‘Protection, entitled environment the on part detailed a includes also Convention cooperate The to obligation the include Convention the under obligations basic Other Danube the in (ICJ) Justice of Court International the by endorsed been has view This .M .Salman A. M. S. ne alia inter h salsmn fjitmcaim rcmisosadteregular the and commissions or mechanisms joint of establishment the , Gabcikovo-Nagymaros 4 ae.Tecs was case The case). h esn o the for reasons The Downloaded By: [World Bank Group Library] At: 19:30 25 October 2007 opeesv anr n nerto ftemngmn fwtr with and waters unified and of a water of management in management harm. sustainable environmental waters the the of conjunctive as minimization well or other of the as prevention resources, the waters; and integration other of of groundwater management and management the waters, the manner; concerning surface comprehensive decisions Rules likely of Berlin persons by the of of management participation II affected from Chapter ranging field. be this waters, in all to ILC to and related IIL issues the rivers, various of international stand addresses work with also the Rules to exclusively Berlin contrast dealt The sharp that groundwater. in transboundary work and previous basins entire deviation drainage major its international a from indeed is ILA This the international. and by to national both not relationship waters, all obligation the of management the with and later. dealt utilization discussed Rules be reasonable Berlin will and as the equitable harm, which cause of in principle manner the is the law between environmental given international in noting, developments the worth of Committee the by emphasis The decades four nearly the of adopted: experience were the Rules incorporate Helsinki Resources Rules the Water the since the of the that Report beyond The go stated Convention. which Watercourses Committee resources UN water the on and issues Rules various Helsinki covering chapters, 2004). new 14 (ILA, a into it divided and replaced changed, on Resources’ Rules was Water ILA Waters’ on Revised of 22 Rules ‘The Management rules Berlin the the the ‘The in of of title title Uses (out Conference previous Sustainable Seventy-first The and meeting ILA 2004. Equitable the August the during in to approved rules Berlin attended and of in set discussed held who revised were the rules present March Committee The to in ILA. unanimously the the Committee voted the and Resources of completing work Water of the members completed goal the members) a of 11 set meeting the to the Gent agreed and the was 2004, 2000 it During where in 2004. 2002 by report London in third project Conference its in Delhi presented conference New Committee The the Helsinki ILA conference. at the that the of after revisions the during continued the process of place with revision Committee proceed took Resources to Water Discussions how of the In Rules. question adopted, this revision. the was needed but considering Convention 1966 started 2000, UN since ILA in the adopted Consolidation year rules the the Campione whether 1997, the consider completed not ILA did Consolidation the earlier, indicated As Rules Berlin The hpe I ple oitrainlysae aes ril 2sae that: states 12 Article waters. shared internationally to applies III Chapter the to applicable are Rules Berlin the of number a that noting worth also is It Articles, 73 of consist They detailed. and comprehensive quite are Rules Berlin The riaebsni neutbeadraoal anrhvn u eadfrthe for regard States. basin due other having to manner harm significant reasonable cause and to equitable not international obligation an an of in waters the basin manage territories drainage respective their in shall States Basin General the by adoption the as law international Convention. well humanitarian UN of as the the of conflict, bodies Nations armed and United the and important law of war Assembly rights of the human to development relating international the law, account environmental into taking h esniRls h NWtrore ovninadteBri Rules Berlin the and Convention Watercourses UN the Rules, Helsinki The 635 Downloaded By: [World Bank Group Library] At: 19:30 25 October 2007 636 h rfesadtedfeecsbtenti ril n h NWtrore Convention. Watercourses UN the states: and the Commentary Article this of The between use differences the reasonable and and drafters the equitable make to in State states, basin “having state each basin basin of another right the waters”. to the addressed or harm requires for acts significant Rules prevent regard cause and Article Berlin due that from refrain territory That the to their basin, 12, within 16. drainage omissions international Article Article an of in waters in the stipulated managing separately as harm, harm significant significant cause harm. to significant not utilization. cause harm reasonable cause to and to not not equitable obligation of obligation the principle the subordinated the earlier, on to discussed cause Article as unlike Article, added, separate to that and but a However, not approach, reasonable Rules, same the and obligation the the determining Helsinki followed addressed for equitable the the Convention factors Rules an UN the Helsinki for The through the in utilization. only regard before, equitable harm basin noted cause due As to drainage states. not having basin obligation international other to an shared to subject harm of the significant is waters manage and manner the reasonable to reasonable manage a obligation to to the Rules states riparian manner. emphasize reasonable Convention the and Rules UN of equitable the an Berlin each and in the watercourse of Rules Helsinki right share, the regulation, the equitable whereas allocation, emphasize Thus, protection, and use, waters”. development, establish the “the drainage of 3(14) include international control Article to an in and defined Rules of the is Berlin ‘manage’ waters hand, of term other the the concept The the manner. of manage the reasonable On to and on watercourse. equitable state based shared an in basin is the basin of each This use obliges share. the Rules equitable in Berlin and states right riparian reasonable the all emphasize a and of to establish equality former state the basin that is each other, the of on Rules Berlin the manner and hand, reasonable concerned”. States and watercourse the equitable the in of utilize an interests share territories in the respective equitable account their watercourse and in the of shall international reasonable 5 States Article an a “Watercourse Similarly, basin”. that to drainage states international territory, Convention an “Each UN of that its waters states the within Rules of uses Helsinki entitled, beneficial the is of Rules IV Helsinki state the Article both basin Convention. of that Watercourses with UN sharply the contrasts Article and this by forth set approach The h omnayo ril 2o h elnRlsatmt oepanteitninof intention the explain to attempts Rules Berlin the of 12 Article on Commentary The obligation the to utilization reasonable and equitable of principle the subjecting After Berlin the under requirement the that is above the to related distinction major Another one the on Convention UN the and Rules Helsinki the between distinction major The biain htcnol eflle yatn na qial n reasonable and equitable an in come acting share to by right fulfilled the be original with only the that can from recognizes that phrase it it of obligations with change Rather, carries The resource. basin waters. transboundary those drainage of international Rules use an Helsinki the of in waters State and duties equitable basin the an certain to another of right harm the share that to emphasizes the reasonable not here of adopted obligation relationship phrasing the the The 16). Convention: to (Article UN utilization the equitable of drafting of resolve the principle to in order issue in debated Convention UN most the the from change another introduces language The .M .Salman A. M. S. sntarnigaa rmtergtt hr ntebnfiso the of benefits the in share to right the from away running a not is ... aiginto taking Downloaded By: [World Bank Group Library] At: 19:30 25 October 2007 itnus h elnRlsfo hi rdcsos is,anme fteprovisions the of features number a basic First, three predecessors. However, their Convention. from Rules Watercourses Berlin UN the the distinguish management, and under Rules joint addressed Helsinki is basin-wide disputes Rules. of of Berlin Settlement the expenses. of establishment detailed of XIV Chapter the sharing notification, and and review activities, such of compliance or exchange projects for including plants, aspects procedures programmes, of covered number of ‘International a is on notification XI with Groundwater information, Chapter deals navigation. needs. Administration’ with human deals and IX vital Cooperation Chapter and individual’s while accessible VIII, that physically Chapter acceptable, meet under safe, to sufficient, to water access of affordable right a Berlin watercourses. has shared person the of every aspects of qualitative provisions the manner, environmental clear and detailed adequate in Those for cover, procedures may process. Rules detailed that down assessment lays activities and impact or environment, aquatic projects the the programmes, of prior on the of effect undertake introduction significant to impact the a protect states the have prevent the to of to requires assessments and adequate VI continuing Chapter basin, flows and substances. drainage hazardous ensure a and of to species, waters alien Chapter measures the The of appropriate ecological environment. integrity aquatic the all ecological the protect taking to prevent, to harm to requires and and measures also pollution waters, all control particular take or on reduce dependent to eliminate, ecosystems states sustain the to requires necessary calls obligations integrity It and the environment, of Chapter. implementation aquatic that the the in of under approach protection precautionary with the of deals implementation Rules for Berlin the of V Chapter addressed is harm qualitative the the through obligations. harm while addressed environmental that is utilization, the clarified harm reasonable through be quantitative and should The equitable It both. of area. or principle this qualitative in or quantitative confusion be existing can already the 2004). to (Bourne, added to Rules have Helsinki subordinate the utilization of equitable principle established of the principle indicated reversing and the rule, further harm render gone to no have actually reference the field Rules no the Berlin in made reasonable experts and the and Some law, that harm. equitable water cause of to international Justice not principle of for obligation the Court principle the International confirmed guiding the Court the the of the as to decision where utilization the connection, harm case with this line Danube significant In in the not earlier. cause in also discussed the to are as Watercourses Rules utilization, not as UN Berlin reasonable the the obligation utilization and from the equitable deviation equitable of a subordinated also principle and has is deviation reasonable It major that law. a established water is Convention this international that that of doubt Rules rule no Berlin cardinal is Helsinki the There other, the equal. the as to from principle principles each two subjecting the by present that Rules concluded be can it Accordingly, hsoe-iwo h elnRlsidctsta h ue aedanhaiyfo the from heavily drawn have Rules the that indicates Rules Berlin the of over-view This that states Chapter that under 17 Article persons. of right the with deals IV Chapter comprehensive. quite are Rules Berlin the of provisions environmental the Indeed, Rules Berlin the principles, two the between relationship the clarifying than rather Thus, ahcs niiuly npriua hog h aacn rcs xrse in expressed process 362) in p. balancing out 2004, the worked (ILA, through be 14. and must particular 13 obligations in Articles these individually, of ( case interrelation no each The obligation State. the basin to another regard due having manner, h esniRls h NWtrore ovninadteBri Rules Berlin the and Convention Watercourses UN the Rules, Helsinki The sic ocuesgicn amto harm significant cause to ) 637 Downloaded By: [World Bank Group Library] At: 19:30 25 October 2007 NWtrore ovnini ae agl nteHlik ue,tepolitical the Rules, Helsinki the on largely based the Although is Rules. Berlin the are Convention the been and second which have Convention Watercourses The UN watercourse, factors the 1997. Those UN shared both utilization. by in the large, reasonable case and of and by Danube equitable incorporated, uses the determining the in for in factors reconfirmed the states Justice of principle riparian of cardinal the the Court is first International all The Rules. of the of equality aspects international two of the the field on the based in is influence This major a law. exerted water have Rules Helsinki the se, per binding resources. water regulate world shared to the treaty of that applicable protection universally the unfortunate and a of quite on uses quality agreeing is the and in it the succeeded quantity situation, on yet beyond not these are this go has waters Given that community of shared issues 2006). over of (Salman, implementation disputes array waters result, wide shared and a a cover As the now task. interpretation all and easy encompassing increase, an exist, agreement been an not agreements by Europe, has governed in agreements when is rivers world few Even the some in riparians. from basins major Aside the variability. of environmental hydrological none and resulting as urbanization challenges well are industrialization, acute as facing population, aquifers, degradation, are in of resources increase number water steady determined Those the be states. from to more yet or a two and by shared lakes, 100 rivers, 300 Approximately some by ILA Conclusion the to 2004). more presented (Bourne, in Opinion Committee discussed Resources Dissenting been Water and the have the two, in utilization, of other members criticized reasonable the and sharply equitable as and of and well principle equitable as detail, the point, to determining treat This harm them for cause utilization. of to reasonable factors not Both obligation Convention. sharply the the contrasts Watercourses subordinate of This accordingly UN one harm. the significant and as cause Rules harm and to Helsinki utilization, not the reasonable obligation both and the with equitable and with of established it law the equated water downgraded have international have of Rules principle the Berlin cardinal throughout the law, used environmental been not. international has are “shall” principles. of word ones sets The two emerging ones. the and the emerging equating principles, established Rules the binding, reflect reflect articles which legally ones clarify not which are that, do is Rules principles Berlin two the the of Moreover, established between principles distinction established the The UN basic 1998). whereas the the customary (McCaffrey, Similarly, agreed, law only. differs of international widely principles approach customary as principles established This reflects, the established well. reflect Convention which as as Watercourses Rules principles considered Helsinki emerging the ILA incorporated from the a and on Rules law, what Berlin agreeing the international in beyond Second, of succeeded watercourses. yet gone international principles of not particularly uses have of has the are community regulate application questions world would The the that of treaty that domestic. wisdom fact exclusively the the are given shared that pressing about to waters strictly raised to apply law marked being that a international instruments is are This law waters. Questions water international international as waters. well other as all national from both to departure apply Rules Berlin the of 638 ept hi dpinmr hn4 er g,adtefc htte r o legally not are they that fact the and ago, years 40 than more adoption their Despite on thinking and rules customary current the incorporate to attempts its in Third, .M .Salman A. M. S. Downloaded By: [World Bank Group Library] At: 19:30 25 October 2007 uheutbeadraoal tlzto nld xsigue,wih fnttkninto taken not riparians. if other which, to uses, harm determining existing in for result include factors could utilization the the account, reasonable the showed, and discussion and utilization compounded is previous equitable equitable has As of such it that harm. principle element, cause Clearly, the one to between not as the instrument. relationship obligation them of the viewing legal over and obligations confusion harm, international environmental the of respective types the both the through of bundling covered under be hand, states other should the riparian On harm utilization. should reasonable and and qualitative can equitable harm of the quantitative principle The the waters. to under shared with regard the dealt with of be state both) riparian (or another quality of harm or activities may the quantity earlier, watercourse the shared indicated for the As on principles. reason state two riparian those main one between relationship one Convention. the the by been to largely accede has or ratify, controversy and sign this to states before, considerable the of stated generated reluctance exacerbated has As have Rules harm Berlin confusion. The cause prevails. principle this to which to not as and states some obligation equitable for between ambiguity the relationship and the on utilization Group reasonable Working the by introduced compromise .I hudb lrfidta ril 0o h apoeCnoiae ue n‘dqaeSra lw’was Flows’ Stream ‘Adequate on Rules Consolidated Campione the of World 10 the Article of that views the clarified reflect be necessarily not should do It and author 2. the of those are article this in expressed views The 1. Notes a controversy. lacks unwarranted still this that resources of water because resource protecting mainly treaty, and precious sharing upon agreed of most universally task the the that unfortunate is is quite it resources, indeed water water shared facing challenges that ever-increasing the given Given and shares, humanity treaty. or cardinal convention international and unfortunate. relationship fundamental and the the misguided on is at controversy principles lengthy strikes two this principles, the Clearly, between two law. water the international equating of principle or harm, dependent cause be to to came the vii). who existing p. population of the 1998, of uses of (Shihata, account livelihood sustainable uses the take these and maintain on must to optimal need distribution the the equitable in and for uses all, stand management not After need cooperative waterways. dichotomy: such international principles fictitious of two this the that way between cautioned the relationship He the dichotomy’. called fictitious Shihata ‘the Ibrahim lines, same the Along dpe tteLno ofrneisl n20,adwsicroae nteCmin osldtdRlsat Rules Consolidated Campione the in incorporated was and 2000, in itself Conference London the at adopted Bank. sSehnMCfryatystated: aptly McCaffrey Stephen As occupied been has law water international on, work the and of, history recent the Indeed, hrdwtrrsucsrmi h otipratae hti o e euae yabinding a by regulated yet not is that area important most the remain resources water Shared not obligation the to utilization reasonable and equitable subordinating of idea the Thus, oe rgeigdsusosbtentesae ocre n ehp,i effect, 348) in p. perhaps, 2001, (McCaffrey, and harm. concerned serious complementary of states a forms plays the certain it between Instead, proscribing other. discussions each utilization with triggering equitable conflict of role, to principle appear the two supersedes the nor where standard absolute an embodies ... h esniRls h NWtrore ovninadteBri Rules Berlin the and Convention Watercourses UN the Rules, Helsinki The hl h ohr rnil osqaiya nidpnetnr,i neither it norm, independent an as qualify does principle no-harm the while 639 Downloaded By: [World Bank Group Library] At: 19:30 25 October 2007 hht,I 19)Frwr,i:S amn&L oso eCaore (Eds) Chazournes de Boisson L. & Salman S. in: Foreword, (1998) I. Shihata, amn .&Urt,K 20)Cnitadcoeaino ot sasitrainlrvr TeHague: (The rivers international Asia’s South (2000) on W. cooperation G. and Sherk, Conflict (2002) K. Uprety, & S. Salman, amn .(06 nentoa ae iptsanwbedo lis liat n eteetinstitutions, settlement and claimants claims, of breed new disputes—a water International (2006) S. Salman, cafe,S 19)TeU ovnino h a fteNnNvgtoa sso International of Uses Non-Navigational (2001) the S. of McCaffrey, Law the on Convention UN The (1998) S. McCaffrey, (2004) ILA (1996) ILA L ItrainlLwAscain (1966) Association) Law (International ILA .ToecutisaeSuhArc,Nmba iln,Nra,Hnay wdn h ehrad,Portugal, Netherlands, The Sweden, Hungary, Norway, Finland, Namibia, Africa, South are countries Those 4. the water, surface to connected groundwater to only ‘watercourse’ of definition the restricted ILC the Although 3. aic,L 19)Rglto fteue fitrainlwtrore,i:S amn&L oso de Boisson L. & Salman S. (1997) in: Justice) of watercourses, Court (International international ICJ of uses the of Regulation Association Law (1998) International the L. to Caflisch, submitted Law, Paper Rules. Resources Berlin Water the on International opinion to Dissenting (2004) contribution C. Bourne, Association’s Law International The (1996) C. Bourne, (2001) S. Bogdanovic, References 640 yi,Lbnn odn rq aa,Lba emn n Uzbekistan. and Germany Libya, Qatar, 235. Iraq, p. Groundwater— Jordan, (1999), (Ed.) Lebanon, 456 Salman Syria, A. No. M. Paper Salman Technical see, Bank Resolution (World this rules Perspectives of same Policy text the the and by For governed Legal be Convention. groundwater the of in types down other that laid recommending resolution separate a issued ILC Rules Consolidated Campione the that work. statement the new to present exception not an do provides 10 Article Hence, meeting. that TeHge lwrLwInternational). Law Kluwer Hague: (The nacn oprto n aaigConflict Managing and Cooperation Enhancing lwrLwInternational). Law Kluwer ae International Water Press). University aecuss rset n ifls n .Sla .Bisnd hzuns(Eds) Chazournes de Boisson L. & Salman 414. No. Conflict S. Managing in: and Cooperation pitfalls, Watercourses—Enhancing and prospects Watercourses: Association). ILA). (London: 5,p.69. 150, ol akTcnclPprN.414. No. Paper Technical Bank World (Eds) Chazournes author). with file (on Journal Resources Natural (1954–2000) .M .Salman A. M. S. eoto h it-eet ofrne Helsinki Conference, Sixty-Seventh the of Report eoto h eet-is ofrne Berlin Conference, Seventy-First the of Report TeHge lwrLwInternational). Law Kluwer Hague: (The iiigteWtr—h eouino nett ae oflcsi h ntdStates United the in Conflicts Water Intestate of Resolution Waters—The the Dividing nentoa a fWtrRsucsCnrbto fteItrainlLwAssociation Law International the of Resources—Contribution Water of Law International nentoa aecussEhnigCoeainadMngn Conflict Managing and Cooperation Watercourses—Enhancing International h a fItrainlWtrore—o-aiainlUses Watercourses—Non-Navigational International of Law The 1 p 2–11. pp. 31, , 6 p 155–216. pp. 36, , Gabcikovo-Nagymaros eoto h it-eodCneec,Helsinki Conference, Fifty-Second the of Report .vi ol akTcnclPprN.414. No. Paper Technical Bank World vii, p. , p 0–2 Lno:ILA). (London: 402–425 pp. , p 3–2 Lno:ItrainlLaw International (London: 334–421 pp. , ae eea itN.9,2 etme,para September, 25 92, No. List General case, p 72,WrdBn ehia Paper Technical Bank World 17–28, pp. , nentoa Watercourses— International Ofr:Oxford (Oxford: p 447–533 pp. , International .15, p. ,