United Nations Convention on the Law of Non-Navigational Uses of International Watercourses

United Nations Convention on the Law of Non-Navigational Uses of International Watercourses is a document that was approved by the United Nations General Assembly by a vote of 103-3 on May 21, 1997. As of 2008, it had not been ratified by the U.N. membership.

Madrid

As countries develop and world populations increase, potable water will increase in importance and value while supplies decline, creating the potential for conflict. To resolve existing disputes and prevent future conflict, the international community expended considerable effort in the 20th century to develop and refine principles of international freshwater management. At its meeting in Madrid in 1911, the Institute of International Law published a set of basic recommendations in its, "Madrid Declaration on the International Regulation regarding the Use of International Watercourses for Purposes other than Navigation". These recommendations discouraged unilateral basin alterations and harmful changes to international rivers and advocated the creation of joint water commissions. The Helsinki Rules expanded on these guidelines. [ [http://www.transboundarywaters.orst.edu/publications/atlas/atlas_html/foreword/internationalAgreements.html The World’s International Freshwater Agreements] ]

Helsinki

The International Law Association (ILA) developed the Helsinki Rules of 1966 on the Uses of the Waters of International Rivers. The Helsinki Rules outlined principles related to the “equitable utilization” of shared watercourses and the commitment not to cause “substantial injury” to co-riparian states. The 189 page document included some soft law, but the majority was hard law. [ [http://webworld.unesco.org/water/wwap/pccp/cd/pdf/educational_tools/course_modules/reference_documents/internationalregionconventions/helsinkirules.pdf UNESCO.com: The Helsinki Rules on the Uses of the Waters of International Rivers] ]

United Nations

During 1970, the United Nations General Assembly refrained from endorsing the Helsinki Rules. Instead, they requested their own legal advisory body, the International Law Commission to prepare “draft articles” on the “non-navigational uses of international watercourses” modeled on the Helsinki Rules.

The Commission’s Draft Articles were completed in 1994, which in turn were revised by the Sixth Legal Committee of the General Assembly into the "United Nations Convention on the Law of Non-Navigational Uses of International Watercourses", which was approved by the U.N. General Assembly in 1997.

Ratification of the U.N. Convention, like everything else at the U.N., has proceeded slowly and has not officially entered into force, but was recognized as authoritative on the customary international law governing the issues addressed. Subsequently, the Berlin Rules on Water Resources‎, which is a much more comprehensive document, was created by the ILA and approved in 2004. It is considered the authority on international water law.

References

External links

* [http://www.ila-hq.org/pdf/Water%20Resources/Water%20Resources%20FR%202004Sources.pdf Helsinki Rules Document]
* [http://www.un.org/ga/61/background/committees.shtml United Nations website]
* [http://untreaty.un.org/ilc/texts/instruments/english/conventions/8_3_1997.pdf United Nations Convention on the Law of Non-Navigational Uses of International Watercourses document]
* [http://www.ppl.nl/index.php?option=com_wrapper&view=wrapper&Itemid=82 Bibliography on Water Resources and International Law] Peace Palace Library