Upreti, Trilochan, International Watercourses Law and Its Application ...

322 / International Watercourses Law and Its Application in South Asia Appendix / 323relationship a unitary whole and normally flowing into acommon terminus;(b) "International watercourse" means a watercourse, parts ofwhich are situated in different States;(c) "Watercourse State" means a State Party to the presentConvention in whose territory part of an internationalwatercourse is situated, or a Party that is a regionaleconomic integration organization, in the territory of one ormore of whose Member States part of an internationalwatercourse is situated;(d) "Regional economic integration organization" means anorganization constituted by sovereign States of a givenregion, to which its member States have transferredcompetence in respect of matters governed by thisConvention and which has been duly authorized inaccordance with its internal procedures, to sign, ratify,accept, approve or accede to it.Article 3Watercourse Agreements1. In the absence of an agreement to the contrary, nothing inthe present Convention shall affect the rights or obligationsof a watercourse State arising from agreements in force forit on the date on which it became a party to the presentConvention.2. Notwithstanding the provisions of paragraph 1, parties toagreements referred to in paragraph 1 may, wherenecessary, consider harmonizing such agreements with thebasic principles of the present Convention.3. Watercourse States may enter into one or more agreements,hereinafter referred to as "watercourse agreements", whichapply and adjust the provisions of the present Conventionto the characteristics and uses of a particular internationalwatercourse or part thereof.4. Where a watercourse agreement is concluded between twoor more watercourse States, it shall define the waters towhich it applies. Such an agreement may be entered intowith respect to an entire international watercourse or anypart thereof or a particular project programme or useexcept insofar as the agreement adversely affects, to asignificant extent, the use by one or more otherwatercourse States of the waters of the watercourse,without their express consent.5. Where a watercourse State considers that adjustment andapplication of the provisions of the present Convention isrequired because of the characteristics and uses of aparticular international watercourse, watercourse Statesshall consult with a view to negotiating in good faith forthe purpose of concluding a watercourse agreement oragreements.6. Where some but not all watercourse States to a particularinternational watercourse are parties to an agreement,nothing in such agreement shall affect the rights orobligations under the present Convention of watercourseStates that are not parties to such an agreement.Article 4Parties to Watercourse Agreements1. Every watercourse State is entitled to participate in thenegotiation of and to become a party to any watercourseagreement that applies to the entire internationalwatercourse, as well as to participate in any relevantconsultations.2. A watercourse State whose use of an internationalwatercourse may be affected to a significant extent by theimplementation of a proposed watercourse agreement thatapplies only to a part of the watercourse or to a particularproject, programme or use is entitled to participate inconsultations on such an agreement and, whereappropriate, in the negotiation thereof in good faith with aview to becoming a party thereto, to the extent that its useis thereby affected.