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

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332 / International Watercourses Law and Its Application in South Asia Appendix / 333Article 23Protection and Preservation of the Marine EnvironmentWatercourse States shall, individually and, where appropriate,in cooperation with other States, take all measures with respectto an international watercourse that are necessary to protect andpreserve the marine environment, including estuaries, takinginto account generally accepted international rules andstandards.Article 24Management1. Watercourse States shall, at the request of any of them,enter into consultations concerning the management of aninternational watercourse, which may include theestablishment of a joint management mechanism.2. For the purposes of this article, "management" refers, inparticular, to:(a) Planning the sustainable development of aninternational watercourse and providing for theimplementation of any plans adopted; and(b) Otherwise promoting the rational and optimalutilization, protection and control of the watercourse.Article 25Regulation1. Watercourse States shall cooperate, where appropriate, torespond to needs or opportunities for regulation of the flowof the waters of an international watercourse.2. Unless otherwise agreed, watercourse States shallparticipate on an equitable basis in the construction andmaintenance or defrayal of the costs of such regulationworks as they may have agreed to undertake.3. For the purposes of this article, "regulation" means the useof hydraulic works or any other continuing measure toalter, vary or otherwise control the flow of the waters of aninternational watercourse.Article 26Installations1. Watercourse States shall, within their respective territories,employ their best efforts to maintain and protectinstallations, facilities and other works related to aninternational watercourse.2. Watercourse States shall, at the request of any of themwhich has reasonable grounds to believe that it may suffersignificant adverse effects, enter into consultations withregard to:(a) The safe operation and maintenance of installations,facilities or other works related to an internationalwatercourse; and(b) The protection of installations, facilities or other worksfrom willful or negligent acts or the forces of nature.PART- VHARMFUL CONDITIONS ANDEMERGENCY SITUATIONSArticle 27Prevention and mitigation of harmful conditionsWatercourse States shall, individually and, where appropriate,jointly, take all appropriate measures to prevent or mitigateconditions related to an international watercourse that may beharmful to other watercourse States, whether resulting fromnatural causes or human conduct, such as flood or iceconditions, water-borne diseases, siltation, erosion, salt-waterintrusion, drought or desertification.
334 / International Watercourses Law and Its Application in South Asia Appendix / 335Article 28Emergency situations1. For the purposes of this article, "emergency" means asituation that causes, or poses an imminent threat ofcausing, serious harm to watercourse States or other Statesand that results suddenly from natural causes, such asfloods, the breaking up of ice, landslides or earthquakes, orfrom human conduct, such as industrial accidents.2. A watercourse State shall, without delay and by the mostexpeditious means available, notify other potentiallyaffected States and competent international organizationsof any emergency originating within its territory.3. A watercourse State within whose territory an emergencyoriginates shall, in cooperation with potentially affectedStates and, where appropriate, competent internationalorganizations, immediately take all practicable measuresnecessitated by the circumstances to prevent, mitigate andeliminate harmful effects of the emergency.4. When necessary, watercourse States shall jointly developcontingency plans for responding to emergencies, incooperation, where appropriate, with other potentiallyaffected States and competent international organizations.PART- VIMISCELLANEOUS PROVISIONSArticle 29International watercourses and installationsin time of armed conflictInternational watercourses and related installations, facilitiesand other works shall enjoy the protection accorded by theprinciples and rules of international law applicable ininternational and non-international armed conflict and shall notbe used in violation of those principles and rules.Article 30Indirect ProceduresIn cases where there are serious obstacles to direct contactsbetween watercourse States, the States concerned shall fulfilltheir obligations of cooperation provided for in the presentConvention, including exchange of data and information,notification, communication, consultations and negotiations,through any indirect procedure accepted by them.Article 31Data and Information Vital to National Defence or SecurityNothing in the present Convention obliges a watercourse Stateto provide data or information vital to its national defence orsecurity. Nevertheless, that State shall cooperate in good faithwith the other watercourse States with a view to providing asmuch information as possible under the circumstances.Article 32Non-discriminationUnless the watercourse States concerned have agreed otherwisefor the protection of the interests of persons, natural orjuridical, who have suffered or are under a serious threat ofsuffering significant transboundary harm as a result of activitiesrelated to an international watercourse, a watercourse Stateshall not discriminate on the basis of nationality or residence orplace where the injury occurred, in granting to such persons, inaccordance with its legal system, access to judicial or otherprocedures, or a right to claim compensation or other relief inrespect of significant harm caused by such activities carried onin its territory.
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PrefaceIn this book, the author has
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International Treaties and other Do
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ADBAJILAus.JILAYBLADPILALCCASEANAGO
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GlossaryMap of the Ganges BasinThe
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