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

More documents

Recommendations

Info

324 / International Watercourses Law and Its Application in South Asia Appendix / 325PART- IIGENERAL PRINCIPLESArticle 5Equitable and Reasonable Utilization and Participation1. Watercourse States shall in their respective territoriesutilize an international watercourse in an equitable andreasonable manner. In particular, an internationalwatercourse shall be used and developed by watercourseStates with a view to attaining optimal and sustainableutilization thereof and benefits therefrom, taking intoaccount the interests of the watercourse States concerned,consistent with adequate protection of the watercourse.2. Watercourse States shall participate in the use,development and protection of an international watercoursein an equitable and reasonable manner. Such participationincludes both the right to utilize the watercourse and theduty to cooperate in the protection and developmentthereof, as provided in the present Convention.Article 6Factors Relevant to Equitable and Reasonable Utilization1. Utilization of an international watercourse in an equitableand reasonable manner within the meaning of article 5requires taking into account all relevant factors andcircumstances, including:(a) Geographic, hydrographic, hydrological, climatic,ecological and other factors of a natural character;(b) The social and economic needs of the watercourseStates concerned;(c) The population dependent on the watercourse in eachwatercourse State;(d) The effects of the use or uses of the watercourses inone watercourse State on other watercourse States;(e) Existing and potential uses of the watercourse;(f) Conservation, protection, development and economyof use of the water resources of the watercourse andthe costs of measures taken to that effect;(g) The availability of alternatives, of comparable value,to a particular planned or existing use.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.3. The weight to be given to each factor is to be determinedby its importance in comparison with that of other relevantfactors. In determining what is a reasonable and equitableuse, all relevant factors are to be considered together and aconclusion reached on the basis of the whole.Article 7Obligation Not to Cause Significant Harm1. Watercourse States shall, in utilizing an internationalwatercourse in their territories, take all appropriatemeasures to prevent the causing of significant harm toother watercourse States.2. Where significant harm nevertheless is caused to anotherwatercourse State, the States whose use causes such harmshall, in the absence of agreement to such use, take allappropriate measures, having due regard for the provisionsof 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.Article 8General Obligation to Cooperate1. Watercourse States shall cooperate on the basis ofsovereign equality, territorial integrity, mutual benefit andgood faith in order to attain optimal utilization andadequate protection of an international watercourse.
326 / International Watercourses Law and Its Application in South Asia Appendix / 3272. In determining the manner of such cooperation,watercourse States may consider the establishment of jointmechanisms or commissions, as deemed necessary bythem, to facilitate cooperation on relevant measures andprocedures in the light of experience gained throughcooperation in existing joint mechanisms and commissionsin various regions.Article 9Regular Exchange of Data and Information1. Pursuant to article 8, watercourse States shall on a regularbasis exchange readily available data and information onthe condition of the watercourse, in particular that of ahydrological, meteorological, hydrogeological andecological nature and related to the water quality as well asrelated forecasts.2. If a watercourse State is requested by another watercourseState to provide data or information that is not readilyavailable, it shall employ its best efforts to comply with therequest but may condition its compliance upon payment bythe requesting State of the reasonable costs of collectingand, where appropriate, processing such data orinformation.3. Watercourse States shall employ their best efforts to collectand, where appropriate, to process data and information ina manner which facilitates its utilization by the otherwatercourse States to which it is communicated.Article 10Relationship Between Different Kinds of Uses1. In the absence of agreement or custom to the contrary, nouse of an international watercourse enjoys inherent priorityover other uses.2. In the event of a conflict between uses of an internationalwatercourse, it shall be resolved with reference to articles 5to 7, with special regard being given to the requirements ofvital human needs.PART- IIIPLANNED MEASURESArticle 11Information Concerning Planned MeasuresWatercourse States shall exchange information and consulteach other and, if necessary, negotiate on the possible effects ofplanned measures on the condition of an internationalwatercourse.Article 12Notification Concerning Planned Measureswith Possible Adverse EffectsBefore a watercourse State implements or permits theimplementation of planned measures which may have asignificant adverse effect upon other watercourse States, it shallprovide those States with timely notification thereof. Suchnotification shall be accompanied by available technical dataand information, including the results of any environmentalimpact assessment, in order to enable the notified States toevaluate the possible effects of the planned measures.Article 13Period for Reply to NotificationUnless otherwise agreed:(a) A watercourse State providing a notification under article12 shall allow the notified States a period of six monthswithin which to study and evaluate the possible effects ofthe planned measures and to communicate the findings to it;(b) This period shall, at the request of a notified State forwhich the evaluation of the planned measures poses specialdifficulty, be extended for a period of six months.
Page 2 and 3:
International WatercoursesLaw and I
Page 4 and 5:
PrefaceIn this book, the author has
Page 6 and 7:
International Treaties and other Do
Page 8 and 9:
ADBAJILAus.JILAYBLADPILALCCASEANAGO
Page 10 and 11:
GlossaryMap of the Ganges BasinThe
Page 12 and 13:
Chapter- ThreeEquitable Utilisation
Page 14 and 15:
Introduction / 1 2 / International
Page 16 and 17:
Page 18 and 19:
Page 20 and 21:
Introduction / 13 14 / Internationa
Page 22 and 23:
16 / International Watercourses Law
Page 24 and 25:
Page 26 and 27:
Page 28 and 29:
Page 30 and 31:
Page 32 and 33:
Page 34 and 35:
Page 36 and 37:
Page 38 and 39:
Page 40 and 41:
Page 42 and 43:
Page 44 and 45:
Page 46 and 47:
Page 48 and 49:
Page 50 and 51:
Page 52 and 53:
Page 54 and 55:
Page 56 and 57:
Page 58 and 59:
Page 60 and 61:
Page 62 and 63:
Page 64 and 65:
100 / International Watercourses La
Page 66 and 67:
Equitable Utilisation / 103 104 / I
Page 68 and 69:
Page 70 and 71:
Page 72 and 73:
Page 74 and 75:
Page 76 and 77:
Page 78 and 79:
Page 80 and 81:
Page 82 and 83:
Page 84 and 85:
Page 86 and 87:
Page 88 and 89:
Page 90 and 91:
Page 92 and 93:
Page 94 and 95:
Page 96 and 97:
Page 98 and 99:
Page 100 and 101:
Page 102 and 103:
Page 104 and 105:
Article 6 of the Rio Declaration as
Page 106 and 107:
Page 108 and 109:
Page 110 and 111:
Page 112 and 113:
Page 114 and 115:
Page 116 and 117:
Page 118 and 119:
Page 120 and 121:
Page 122 and 123:
Page 124 and 125:
Page 126 and 127:
Page 128 and 129: 226 / International Watercourses La
Page 144 and 145: Legality River Linking Project / 25
Page 154 and 155: the USA to construct such a huge pr
show all

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

Create successful ePaper yourself

Delete template?

Save as template?