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

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344 / International Watercourses Law and Its Application in South Asia Appendix / 345Appendix- 5The Helsinki Rules on the Uses of theWaters of International Rivers 1966CHAPTER- 1GENERALArticle IThe general rules of international law as set forth in thesechapters are applicable to the use of the waters of aninternational drainage basin except as may be providedotherwise by convention, agreement or binding custom amongthe basin States.Article IIAn international drainage basin is a geographical areaextending over two or more States determined by the watershedlimits of the system of waters, including surface andunderground waters, flowing into a common terminus.Article IIIA "basin State" is a State the territory of which includes aportion of an international drainage basin.CHAPTER- 2EQUITABLE UTILIZATION OF THE WATERS OF ANINTERNATIONAL DRAINAGE BASINArticle IVEach basin State is entitled, within its territory, to a reasonableand equitable share in the beneficial uses of the waters of aninternational drainage basin.Article VI. What is a reasonable and equitable share within themeaning of article IV to be determined in the light of allthe relevant factors in each particular case.II. Relevant factors which are to be considered include, butare not limited to:1. The geography of the basin, including in particular theextent of the drainage area in the territory of eachbasin State;2. The hydrology of the basin, including in particular thecontribution of water by each basin State;3. The climate affecting the basin;4. The past utilization of the waters of the basin,including in particular existingutilization;5. The economic and social needs of each basin State;6. The population dependent on the waters of the basin ineach basin State;7. The comparative costs of alternative means ofsatisfying the economic and social needs of each basinState;8. The availability of other resources;9. The avoidance of unnecessary waste in the utilizationof waters of the basin;10. The practicability of compensation to one or more ofthe co-basin States as a means of adjusting conflictsamong uses; and11. The degree to which the needs of a basin State may besatisfied, without causing substantial injury to a cobasinState.III. 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 reasonable and equitableshare, all relevant factors are to be considered together anda conclusion reached on the basis of the whole.Article VIA use or category of uses is not entitled to any inherentpreference over any other use or category of uses.
346 / International Watercourses Law and Its Application in South Asia Appendix / 347Article VIIA basin State may not be denied the present reasonable use ofthe waters of an international drainage basin to reserve for a cobasinState a future use of such waters.Article VIII1. An existing reasonable use may continue in operationunless the factors justifying its continuance are outweighedby other factors leading to the conclusion that it bemodified or terminated so as to accommodate a competingincompatible use.2.(a) A use that is in fact operational is deemed to have been anexisting use from the time of the initiation of constructiondirectly related to the use or, where such construction is notrequired, the undertaking of comparable acts of actualimplementation.(b) Such a use continues to be an existing use until such timeas it is discontinued with the intention that it be abandoned.3. A use will not be deemed an existing use if at the time ofbecoming operational it is incompatible with an alreadyexisting reasonable use.CHAPTER- 3POLLUTIONArticle IXAs used in this chapter, the term "water pollution" refers to anydetrimental change resulting from human conduct in the naturalcomposition, content, or quality of the waters of aninternational drainage basin.Article X1. Consistent with the principle of equitable utilization of thewaters of an international drainage basin, a State:(a) Must prevent any new form of water pollution or anyincrease in the degree of existing water pollution in aninternational drainage basin which would causesubstantial injury in the territory of a co-basin State;(b) Should take all reasonable measures to abate existingwater pollution in an international drainage basin tosuch an extent that no substantial damage is caused inthe territory of a co-basin State.2. The rule stated in paragraph 1 of this article applies towater pollution originating:(a) Within a territory of the State, or(b) Outside the territory of the State, if it is caused by theState's conduct.Article XI1. In the case of a violation of the rule stated in paragraph 1(a) of article X of this chapter, the State responsible shallbe required to cease the wrongful conduct and compensatethe injured co-basin State for the injury that has beencaused to it.2. In a case falling under the rule stated in paragraph 1 (b) ofarticle X, if a State fails to take reasonable measures, itshall be required promptly to enter into negotiations withthe injured State with a view towards reaching a settlementequitable under the circumstances.CHAPTER- 4NAVIGATION (Articles XII-XX)CHAPTER- 5TIMBER FLOATING (ArticlesXXI-XXV)CHAPTER- 6PROCEDURES FOR THE PREVENTION ANDSETTLEMENT OF DISPUTESArticle XXVIThis chapter relates to procedures for the prevention andsettlement of international disputes as to the legal rights or
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International WatercoursesLaw and I
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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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Chapter- ThreeEquitable Utilisation
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Introduction / 1 2 / International
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