The UNECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes: Its Contribution to International Water Cooperation

The UNECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes: Its Contribution to International Water Cooperation

Copyright

Copyright

Contents

Contents

Foreword

Foreword

Abbreviations

Abbreviations

Notes on Contributors

Notes on Contributors

PART 1: Development and Evolution of the Convention

PART 1: Development and Evolution of the Convention

1: Remarks on the Drafting History of the Convention

1: Remarks on the Drafting History of the Convention

2: From a Regional towards a Global Instrument – The 2003 Amendment to the UNECE Water Convention

2: From a Regional towards a Global Instrument – The 2003 Amendment to the UNECE Water Convention

3: The Normative and Institutional Evolution of the Convention

3: The Normative and Institutional Evolution of the Convention

PART 2: The Water Convention and Other Multilateral Environmental Agreements

PART 2: The Water Convention and Other Multilateral Environmental Agreements

4: The 1997 UN Convention: Compatibility and Complementarity

4: The 1997 UN Convention: Compatibility and Complementarity

5: The UNECE Water Convention and Multilateral Environmental Agreements

5: The UNECE Water Convention and Multilateral Environmental Agreements

6: The Water Convention and other UNECE Environmental Treaties

6: The Water Convention and other UNECE Environmental Treaties

7: The Water Convention and the European Union: The Benefits of the Convention for EU Member States

7: The Water Convention and the European Union: The Benefits of the Convention for EU Member States

PART 3: The Regulatory Framework of the Water Convention

PART 3: The Regulatory Framework of the Water Convention

8: Scope of the UNECE Water Convention

8: Scope of the UNECE Water Convention

9: Normative Features of the UNECE Water Convention

9: Normative Features of the UNECE Water Convention

PART 4: General Principles of the Convention

PART 4: General Principles of the Convention

10: The No-Harm Rule

10: The No-Harm Rule

11: The Principle of Equitable and Reasonable Utilisation

11: The Principle of Equitable and Reasonable Utilisation

12: The Role of the Precautionary Principle in the Convention on the Protection and Use of Transboundary Watercourses and International Lakes

12: The Role of the Precautionary Principle in the Convention on the Protection and Use of Transboundary Watercourses and International Lakes

13: The Polluter-Pays Principle in the 1992 UNECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes

13: The Polluter-Pays Principle in the 1992 UNECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes

14: The Sustainability Principle

14: The Sustainability Principle

PART 5: Tools for Preventing or Mitigating Transboundary Impact

PART 5: Tools for Preventing or Mitigating Transboundary Impact

The Development of Legal Provisions and Measures for Preventing and Reducing Pollution to Transboundary Water Resources under th

The Development of Legal Provisions and Measures for Preventing and Reducing Pollution to Transboundary Water Resources under th

16: Integrated Water Resources Management as a Tool to Prevent or Mitigate Transboundary Impact

16: Integrated Water Resources Management as a Tool to Prevent or Mitigate Transboundary Impact

PART 6: Data Collection and Information Sharing

PART 6: Data Collection and Information Sharing

17: Monitoring and Assessment and the duty of cooperation under the Water Convention: Exchange of Information Among the Riparian Parties

17: Monitoring and Assessment and the duty of cooperation under the Water Convention: Exchange of Information Among the Riparian Parties

18: Public Information and Participation under the Water Convention

18: Public Information and Participation under the Water Convention

PART 7: Cooperation and Its Institutional Setting: The Water Convention and the Evolution of Procedural Rules of International Water Law

PART 7: Cooperation and Its Institutional Setting: The Water Convention and the Evolution of Procedural Rules of International Water Law

19: The Duty to Cooperation in International Water Law – Examining the Contribution of the UN Water Conventions to Facilitating Transboundary Water Cooperation

19: The Duty to Cooperation in International Water Law – Examining the Contribution of the UN Water Conventions to Facilitating Transboundary Water Cooperation

20: The Contribution of the UNECE Water Regime to Transboundary Cooperation in the Danube River Basin

20: The Contribution of the UNECE Water Regime to Transboundary Cooperation in the Danube River Basin

21: Cooperation between Finland and the Russian Federation

21: Cooperation between Finland and the Russian Federation

PART 8: Compliance, Responsibility, Liability, Dispute Prevention and Settlement

PART 8: Compliance, Responsibility, Liability, Dispute Prevention and Settlement

22: Dispute Prevention, Dispute Settlement and Implementation Facilitation in International Water Law: The Added Value of the Establishment of an Implementation Mechanism under the Water Convention

22: Dispute Prevention, Dispute Settlement and Implementation Facilitation in International Water Law: The Added Value of the Establishment of an Implementation Mechanism under the Water Convention

23: The 2003 Kiev Protocol on Civil Liability and Compensation for Damage Caused by the Transboundary Effects of Industrial Accidents on Transboundary Waters

23: The 2003 Kiev Protocol on Civil Liability and Compensation for Damage Caused by the Transboundary Effects of Industrial Accidents on Transboundary Waters

PART 9: Select Issues

PART 9: Select Issues

24: The UNECE Water Convention and the Human Right to Access to Water: The Protocol on Water and Health

24: The UNECE Water Convention and the Human Right to Access to Water: The Protocol on Water and Health

25: The UNECE Model Provisions on Transboundary Flood Management

25: The UNECE Model Provisions on Transboundary Flood Management

26: International Water Law and Climate Disruption Adaptation

26: International Water Law and Climate Disruption Adaptation

27: Advancing Dam Safety in Central Asia: The Contribution of the UNECE Water Convention

27: Advancing Dam Safety in Central Asia: The Contribution of the UNECE Water Convention

28: The International Water Law Process and Transboundary Groundwater: Supplementing the Water Convention with the 2012 UNECE Model Provisions

28: The International Water Law Process and Transboundary Groundwater: Supplementing the Water Convention with the 2012 UNECE Model Provisions

PART 10: Viewing the Convention from Outside the UNECE

PART 10: Viewing the Convention from Outside the UNECE

29: The Water Convention from a North American Perspective

29: The Water Convention from a North American Perspective

30: The UNECE Water Convention from a Latin American Perspective

30: The UNECE Water Convention from a Latin American Perspective

31: Enhancing China’s Transboundary Water Cooperation – What Role for the UNECE Water Convention?

31: Enhancing China’s Transboundary Water Cooperation – What Role for the UNECE Water Convention?

32: The UNECE Water Convention Viewed from the Perspective of the SADC Revised Protocol on Shared Watercourses

32: The UNECE Water Convention Viewed from the Perspective of the SADC Revised Protocol on Shared Watercourses

33: Potential Guidance from the UNECE Water Convention for the Arab region

33: Potential Guidance from the UNECE Water Convention for the Arab region

PART 11: The Role of International Financial Institutions

PART 11: The Role of International Financial Institutions

34: Environmental Conditionalities and International Funding of Water Works of a Transboundary Relevance

34: Environmental Conditionalities and International Funding of Water Works of a Transboundary Relevance

35: International Financial Institutions and the Water Convention: Consultations Arrangements

35: International Financial Institutions and the Water Convention: Consultations Arrangements

PART 12: Conclusions

PART 12: Conclusions

36: The Contribution of the UNECE Water Convention to International Water Law

36: The Contribution of the UNECE Water Convention to International Water Law

Index

Index