1. 1 UN CONVENTION ON THE LAW OF THE NON- NAVIGATIONAL USES OF INTERNATIONAL WATERCOURSES

2. 2 n BASIC FACTS ABOUT INTERNATIONAL WATERCOURSES n HISTORY OF CONVENTION n BASIC FEATURES OF CONVENTION: –NON-NAVIGATION –FRAMEWORK CONVENTION –COMPROMISES –37 ARTICLES; 7 PARTS AND ANNEX INTRODUCTION

3. 3 DEFINITIONS n WATERCOURSE –A system of surface waters and groundwaters constituting by virtue of their physical relationship a unitary whole and normally flowing into a common terminus. –Groundwater is included n INTERNATIONAL WATERCOURSE –A watercourse parts of which are situated in different states

4. 4 ISSUES TO BE DISCUSSED n EXISTING AGREEMENTS n EQUITABLE AND REASONABLE UTILIZATION AND OBLIGATION NOT TO CAUSE SIGNIFICANT HARM n OBLIGATION TO COOPERATE n PLANNED MEASURES n ENVIRONMENTAL PROVISIONS

5. 5 ISSUES TO BE DISCUSSED Cont’d n SETTLEMENT OF DISPUTES n STATUS OF CONVENTION n WORLD BANK POLICY FOR PROJECTS ON INTERNATIONAL WATERWAYS

6. 6 EXISTING AGREEMENTS n NOT AFFECTED BY CONVENTION n CALL FOR HARMONIZATION n NEW AGREEMENTS MAY ADJUST CONVENTION

7. 7 EQUITABLE AND REASONABLE UTLIZATION n (a) Geographic, hydrographic, hydrological, climatic, ecological factors; n (b) The social and economic needs of the watercourse states concerned; n (c) The population dependent on the watercourse in each watercourse State; n (d) The effects of the use in one watercourse State on other watercourse States;

8. 8 EQUITABLE AND REASONABLE UTLIZATION Cont’d n (e) Existing and potential uses of the watercourse; n (f) Conservation, protection, development and economy of use of water; n (g) The availability of alternatives to a particular planned or existing use.

9. 9 OBLIGATION NOT CAUSE SIGNIFICANT HARM n Take appropriate measures not cause significant harm n When it is caused, take appropriate measures to eliminate or mitigate harm n Relationship between the two principles n Which is the prevalent principle?

10. 10 OBLIGATION TO COOPERATE n ESTABLISHMENT OF JOINT COMMISSIONS n EXCHANGE OF DATA AND INFORMATION

11. 11 PLANNED MEASURES PLANNED MEASURES n PROVISION OF INFORMATION n NOTIFICATION IN CASE OF SIGNIFICANT ADVERSE EFFECT –Basis for Notification n PERIOD FOR REPLY n REPLY: Positive ; Negative; No Reply n ABSENCE OF NOTIFICATION n EXCEPTIONS TO NOTIFICATION

12. 12 ENVIRONMENTAL PROVISIONS n OBLIGATIONS: –PREVENTION OF POLLUTION –PROTECTION OF MARINE ENVIRONMENT –MANAGEMENT; REGULATION; INSTALLATIONS – NO INTRODUCTION OF NEW OR ALIEN SPECIES

13. 13 SETTLEMENT OF DISPUTES n NEGOTIATIONS n MEDIATION BY THIRD PARTY n FACT FINDING COMMISSION n ARBITRATION (ANNEX TO THE CONVENTION) n INTERNATIONAL COURT OF JUSTICE

14. 14 CONCLUSION: STATUS OF THE CONVENTION n SIGNATURE; RATIFICATION n ENTRY INTO FORCE n CONVENTION AND CUSTOMARY INTERNATIONAL LAW n FUTURE OF THE CONVENTION (ICJ)

15. 15 WORLD BANK POLICY FOR PROJECTS ON IW n EVOLUTION OF THE POLICY –Early approaches: Disputed/Non Disputed –Requiring Agreements –1956; 1965; 1985 and 1994 Policies n INFLUENE OF, AND INFLUENCE ON, INTERNATIONAL LAW

16. 16 MAIN FEATURES OF THE POLICY n TYPES OF INTERNATIONAL WATERWAYS n TYPES OF PROJECTS n NOTIFICATION –FOR WHAT –BY WHOM –TO WHOM –PERIOD FOR REPLY

17. 17 MAIN FEATURES OF THE POLICY CONT’D n EXCEPTIONS TO NOTIFICATION n RESPONSES TO NOTIFICATION –POSITIVE –NEGATIVE –NO RESPONSE –OPINION OF INDEPENDENT EXPERTS

18. 18 –RESTRICTIVE –FAVOURS DOWNSTREAM RIPARIANS –DOES NOT DEAL WITH EQUITABLE UTILIZATION –DOES NOT INCLUDE GROUNDWATER CRITICISM OF THE POLICY