Paragraphs in "Convention On The Law Of The Non-Navigational Uses Of International Watercourses" coded as SUBS

Displaying 1 - 101 of 101
Label Provision
Art.3 Article 3
Art.3.1 1. In the absence of an agreement to the contrary, nothing in the present Convention shall affect the rights or obligations of a watercourse State arising from agreements in force for it on the date on which it became a party to the present Convention.
Art.3.2 2. Notwithstanding the provisions of paragraph 1, parties to agreements referred to in paragraph 1 may, where necessary, consider harmonizing such agreements with the basic principles of the present Convention.
Art.3.3 3. Watercourse States may enter into one or more agreements, hereinafter referred to as "watercourse agreements", which apply and adjust the provisions of the present Convention to the characteristics and uses of a particular international watercourse or part thereof.
Art.3.4 4. Where a watercourse agreement is concluded between two or more watercourse States, it shall define the waters to which it applies. Such an agreement may be entered into with respect to an entire international watercourse or any part thereof or a particular project, programme or use except insofar as the agreement adversely affects, to a significant extent, the use by one or more other watercourse States of the waters of the watercourse, without their express consent.
Art.3.5 5. Where a watercourse State considers that adjustment and application of the provisions of the present Convention is required because of the characteristics and uses of a particular international watercourse, watercourse States shall consult with a view to negotiating in good faith for the purpose of concluding a watercourse agreement or agreements.
Art.3.6 6. Where some but not all watercourse States to a particular international watercourse are parties to an agreement, nothing in such agreement shall affect the rights or obligations under the present Convention of watercourse States that are not parties to such an agreement.
Art.4 Article 4
Art.4.1 1. Every watercourse State is entitled to participate in the negotiation of and to become a party to any watercourse agreement that applies to the entire international watercourse, as well as to participate in any relevant consultations.
Art.4.2 2. A watercourse State whose use of an international watercourse may be affected to a significant extent by the implementation of a proposed watercourse agreement that applies only to a part of the watercourse or to a particular project, programme or use is entitled to participate in consultations on such an agreement and, where appropriate, in the negotiation thereof in good faith with a view to becoming a party thereto, to the extent that its use is thereby affected.
Part.2 PART II
Art.5 Article 5
Art.5.1 1. Watercourse States shall in their respective territories utilize an international watercourse in an equitable and reasonable manner. In particular, an international watercourse shall be used and developed by watercourse States with a view to attaining optimal and sustainable utilization thereof and benefits there from, taking into account the interests of the watercourse States concerned, consistent with adequate protection of the watercourse.
Art.5.2 2. Watercourse States shall participate in the use, development and protection of an international watercourse in an equitable and reasonable manner. Such participation includes both the right to utilize the watercourse and the duty to cooperate in the protection and development thereof, as provided in the present Convention.
Art.6 Article 6
Art.6.1 1. Utilization of an international watercourse in an equitable and reasonable manner within the meaning of Article 5 requires taking into account all relevant factors and circumstances, including:
Art.6.1.a (a) Geographic, hydrographic, hydrological, climatic, ecological and other factors of a natural character;
Art.6.1.b (b) The social and economic needs of the watercourse States concerned;
Art.6.1.c (c) The population dependent on the watercourse in each watercourse State;
Art.6.1.d (d) The effects of the use or uses of the watercourses in one watercourse State on other watercourse States;
Art.6.1.e (e) Existing and potential uses of the watercourse;
Art.6.1.f (f) Conservation, protection, development and economy of use of the water resources of the watercourse and the costs of measures taken to that effect;
Art.6.1.g (g) The availability of alternatives, of comparable value, to a particular planned or existing use.
Art.6.2 2. In the application of Article 5 or paragraph 1 of this Article, watercourse States concerned shall, when the need arises, enter into consultations in a spirit of cooperation.
Art.6.3 3. The weight to be given to each factor is to be determined by its importance in comparison with that of other relevant factors. In determining what is a reasonable and equitable use, all relevant factors are to be considered together and a conclusion reached on the basis of the whole.
Art.7 Article 7
Art.7.1 1. Watercourse States shall, in utilizing an international watercourse in their territories, take all appropriate measures to prevent the causing of significant harm to other watercourse States.
Art.7.2 2. Where significant harm nevertheless is caused to another watercourse State, the States whose use causes such harm shall, in the absence of agreement to such use, take all appropriate measures, having due regard for the provisions of Articles 5 and 6, in consultation with the affected State, to eliminate or mitigate such harm and, where appropriate, to discuss the question of compensation.
Art.8 Article 8
Art.8.1 1. Watercourse States shall cooperate on the basis of sovereign equality, territorial integrity, mutual benefit and good faith in order to attain optimal utilization and adequate protection of an international watercourse.
Art.8.2 2. In determining the manner of such cooperation, watercourse States may consider the establishment of joint mechanisms or commissions, as deemed necessary by them, to facilitate cooperation on relevant measures and procedures in the light of experience gained through cooperation in existing joint mechanisms and commissions in various regions.
Art.10 Article 10
Art.10.1 1. In the absence of agreement or custom to the contrary, no use of an international watercourse enjoys inherent priority over other uses.
Art.10.2 2. In the event of a conflict between uses of an international watercourse, it shall be resolved with reference to Articles 5 to 7, with special regard being given to the requirements of vital human needs.
Part.3 PART III
Art.13 Article 13
Art.13.1x Unless otherwise agreed:
Art.13.1x.a (a) A watercourse State providing a notification under Article 12 shall allow the notified States a period of six months within which to study and evaluate the possible effects of the planned measures and to communicate the findings to it;
Art.13.1x.b (b) This period shall, at the request of a notified State for which the evaluation of the planned measures poses special difficulty, be extended for a period of six months.
Art.14 Article 14
Art.14.1x During the period referred to in Article 13, the notifying State:
Art.14.1x.a (a) Shall cooperate with the notified States by providing them, on request, with any additional data and information that is available and necessary for an accurate evaluation; and
Art.14.1x.b (b) Shall not implement or permit the implementation of the planned measures without the consent of the notified States.
Art.16 Article 16
Art.16.1 1. If, within the period applicable pursuant to Article 13, the notifying State receives no communication under Article 15, it may, subject to its obligations under Articles 5 and 7, proceed with the implementation of the planned measures, in accordance with the notification and any other data and information provided to the notified States.
Art.16.2 2. Any claim to compensation by a notified State which has failed to reply within the period applicable pursuant to Article 13 may be offset by the costs incurred by the notifying State for action undertaken after the expiration of the time for a reply which would not have been undertaken if the notified State had objected within that period.
Art.17 Article 17
Art.17.1 1. If a communication is made under Article 15 that implementation of the planned measures would be inconsistent with the provisions of Articles 5 or 7, the notifying State and the State making the communication shall enter into consultations and, if necessary, negotiations with a view to arriving at an equitable resolution of the situation.
Art.17.2 2. The consultations and negotiations shall be conducted on the basis that each State must in good faith pay reasonable regard to the rights and legitimate interests of the other State.
Art.17.3 3. During the course of the consultations and negotiations, the notifying State shall, if so requested by the notified State at the time it makes the communication, refrain from implementing or permitting the implementation of the planned measures for a period of six months unless otherwise agreed.
Art.18 Article 18
Art.18.1 1. If a watercourse State has reasonable grounds to believe that another watercourse State is planning measures that may have a significant adverse effect upon it, the former State may request the latter to apply the provisions of Article 12. The request shall be accompanied by a documented explanation setting forth its grounds.
Art.18.2 2. In the event that the State planning the measures nevertheless finds that it is not under an obligation to provide a notification under Article 12, it shall so inform the other State, providing a documented explanation setting forth the reasons for such finding. If this finding does not satisfy the other State, the two States shall, at the request of that other State, promptly enter into consultations and negotiations in the manner indicated in paragraphs 1 and 2 of Article 17.
Art.18.3 3. During the course of the consultations and negotiations, the State planning the measures shall, if so requested by the other State at the time it requests the initiation of consultations and negotiations, refrain from implementing or permitting the implementation of those measures for a period of six months unless otherwise agreed.
Art.19 Article 19
Art.19.1 1. In the event that the implementation of planned measures is of the utmost urgency in order to protect public health, public safety or other equally important interests, the State planning the measures may, subject to Articles 5 and 7, immediately proceed to implementation, notwithstanding the provisions of Article 14 and paragraph 3 of Article 17.
Art.19.2 2. In such case, a formal declaration of the urgency of the measures shall be communicated without delay to the other watercourse States referred to in Article 12 together with the relevant data and information.
Art.19.3 3. The State planning the measures shall, at the request of any of the States referred to in paragraph 2, promptly enter into consultations and negotiations with it in the manner indicated in paragraphs 1 and 2 of Article 17.
Part.4 PART IV
Art.20 Article 20
Art.20.1x Watercourse States shall, individually and, where appropriate, jointly, protect and preserve the ecosystems of international watercourses.
Art.21 Article 21
Art.21.1 1. For the purpose of this Article, "pollution of an international watercourse" means any detrimental alteration in the composition or quality of the waters of an international watercourse which results directly or indirectly from human conduct.
Art.21.2 2. Watercourse States shall, individually and, where appropriate, jointly, prevent, reduce and control the pollution of an international watercourse that may cause significant harm to other watercourse States or to their environment, including harm to human health or safety, to the use of the waters for any beneficial purpose or to the living resources of the watercourse. Watercourse States shall take steps to harmonize their policies in this connection.
Art.21.3 3. Watercourse States shall, at the request of any of them, consult with a view to arriving at mutually agreeable measures and methods to prevent, reduce and control pollution of an international watercourse, such as:
Art.21.3.a (a) Setting joint water quality objectives and criteria;
Art.21.3.b (b) Establishing techniques and practices to address pollution from point and non-point sources;
Art.21.3.c (c) Establishing lists of substances the introduction of which into the waters of an international watercourse is to be prohibited, limited, investigated or monitored.
Art.22 Article 22
Art.22.1x Watercourse States shall take all measures necessary to prevent the introduction of species, alien or new, into an international watercourse which may have effects detrimental to the ecosystem of the watercourse resulting in significant harm to other watercourse States.
Art.23 Article 23
Art.23.1x Watercourse States shall, individually and, where appropriate, in cooperation with other States, take all measures with respect to an international watercourse that are necessary to protect and preserve the marine environment, including estuaries, taking into account generally accepted international rules and standards.
Art.24 Article 24
Art.24.1 1. Watercourse States shall, at the request of any of them, enter into consultations concerning the management of an international watercourse, which may include the establishment of a joint management mechanism.
Art.24.2 2. For the purposes of this Article, "management" refers, in particular, to:
Art.24.2.a (a) Planning the sustainable development of an international watercourse and providing for the implementation of any plans adopted; and
Art.24.2.b (b) Otherwise promoting the rational and optimal utilization, protection and control of the watercourse.
Art.25 Article 25
Art.25.1 1. Watercourse States shall cooperate, where appropriate, to respond to needs or opportunities for regulation of the flow of the waters of an international watercourse.
Art.25.2 2. Unless otherwise agreed, watercourse States shall participate on an equitable basis in the construction and maintenance or defrayal of the costs of such regulation works as they may have agreed to undertake.
Art.25.3 3. For the purposes of this Article, "regulation" means the use of hydraulic works or any other continuing measure to alter, vary or otherwise control the flow of the waters of an international watercourse.
Art.26 Article 26
Art.26.1 1. Watercourse States shall, within their respective territories, employ their best efforts to maintain and protect installations, facilities and other works related to an international watercourse.
Art.26.2 2. Watercourse States shall, at the request of any of them which has reasonable grounds to believe that it may suffer significant adverse effects, enter into consultations with regard to:
Art.26.2.a (a) The safe operation and maintenance of installations, facilities or other works related to an international watercourse; and
Art.26.2.b (b) The protection of installations, facilities or other works from wilful or negligent acts or the forces of nature.
Part.5 PART V
Art.27 Article 27
Art.27.1x Watercourse States shall, individually and, where appropriate, jointly, take all appropriate measures to prevent or mitigate conditions related to an international watercourse that may be harmful to other watercourse States, whether resulting from natural causes or human conduct, such as flood or ice conditions, water-borne diseases, siltation, erosion, salt-water intrusion, drought or desertification.
Art.28 Article 28
Art.28.1 1. For the purposes of this Article, "emergency" means a situation that causes, or poses an imminent threat of causing, serious harm to watercourse States or other States and that results suddenly from natural causes, such as floods, the breaking up of ice, landslides or earthquakes, or from human conduct, such as industrial accidents.
Art.28.2 2. A watercourse State shall, without delay and by the most expeditious means available, notify other potentially affected States and competent international organizations of any emergency originating within its territory.
Art.28.3 3. A watercourse State within whose territory an emergency originates shall, in cooperation with potentially affected States and, where appropriate, competent international organizations, immediately take all practicable measures necessitated by the circumstances to prevent, mitigate and eliminate harmful effects of the emergency.
Art.28.4 4. When necessary, watercourse States shall jointly develop contingency plans for responding to emergencies, in cooperation, where appropriate, with other potentially affected States and competent international organizations.
Part.6 PART VI
Art.29 Article 29
Art.29.1x International watercourses and related installations, facilities and other works shall enjoy the protection accorded by the principles and rules of international law applicable in international and non-international armed conflict and shall not be used in violation of those principles and rules.
Art.30 Article 30
Art.30.1x In cases where there are serious obstacles to direct contacts between watercourse States, the States concerned shall fulfil their obligations of cooperation provided for in the present Convention, including exchange of data and information, notification, communication, consultations and negotiations, through any indirect procedure accepted by them.
Art.32 Article 32
Art.32.1x Unless the watercourse States concerned have agreed otherwise for the protection of the interests of persons, natural or juridical, who have suffered or are under a serious threat of suffering significant transboundary harm as a result of activities related to an international watercourse, a watercourse State shall not discriminate on the basis of nationality or residence or place where the injury occurred, in granting to such persons, in accordance with its legal system, access to judicial or other procedures, or a right to claim compensation or other relief in respect of significant harm caused by such activities carried on in its territory.