168
Despite the global scope of their application, the Water Convention and the
Watercourses Convention have major gaps in their geographical coverage. The former has only 43 and the latter 36 parties as of mid-2018. However, it is often considered that the conventions provide authoritative terms of reference for customary
international water law (McCaffrey 2001).
6.3.2 Principles of International Water Law
Three principles, largely based on the principle of limited territorial sovereignty,
provide the substantive and procedural basis of international water law:
6.3.2.1 The Principle of Equitable and Reasonable Utilization
The principle of equitable and reasonable utilization requires States to utilize and
develop an international watercourse in an equitable and reasonable manner to
attain optimal and sustainable utilization thereof and benefits therefrom. For that
purpose, States have to take into account all relevant factors and circumstances such
as factors of a natural character, the social and economic needs of the States concerned, and the effects of its water use on other States and reach a conclusion on the
basis of the whole.
The principle of equitable and reasonable utilization is embodied in Article 2(2)
(c) of the ECE Water Convention and Article 5 of the UN Watercourses Convention.
Article 6 of the Watercourses Convention recognizes this principle and
“requires taking into account all relevant factors and circumstances, including:
(a) Geographic, hydrographic, hydrological, climatic, ecological and other factors of a natural character;
(b) The social and economic needs of the watercourse states concerned;
(c) The population dependent on the watercourse in each watercourse state;
(d) The effects of the use or uses of the watercourses in one watercourse State on other watercourse states;
(e) Existing and potential uses of the watercourse;
(f) Conservation, protection, development and economy of use of the water resources of the
watercourse and the costs of measures taken to that effect;
(g) The availability of alternatives, of comparable value, to a particular planned or existing
use.”
In 1997, the International Court of Justice (ICJ) referred to the principle of equitable and reasonable utilization in its resolution of a dispute concerning a stretch of the
Danube River which defines the border between Hungary and Slovakia. Under the
1977 Budapest Treaty, Hungary and Czechoslovakia agreed to jointly build two dams
on the river, near Gabčikovo, Slovakia and Nagymaros, Hungary, to provide flood
control and hydroelectric power. The Treaty was inherited by of the Slovak Republic
following the 1993 dissolution of Czechoslovakia. When Hungary withdrew from the
A. Belinskij et al.
Despite the global scope of their application, the Water Convention and the
Watercourses Convention have major gaps in their geographical coverage. The former has only 43 and the latter 36 parties as of mid-2018. However, it is often considered that the conventions provide authoritative terms of reference for customary
international water law (McCaffrey 2001).
6.3.2 Principles of International Water Law
Three principles, largely based on the principle of limited territorial sovereignty,
provide the substantive and procedural basis of international water law:
6.3.2.1 The Principle of Equitable and Reasonable Utilization
The principle of equitable and reasonable utilization requires States to utilize and
develop an international watercourse in an equitable and reasonable manner to
attain optimal and sustainable utilization thereof and benefits therefrom. For that
purpose, States have to take into account all relevant factors and circumstances such
as factors of a natural character, the social and economic needs of the States concerned, and the effects of its water use on other States and reach a conclusion on the
basis of the whole.
The principle of equitable and reasonable utilization is embodied in Article 2(2)
(c) of the ECE Water Convention and Article 5 of the UN Watercourses Convention.
Article 6 of the Watercourses Convention recognizes this principle and
“requires taking into account all relevant factors and circumstances, including:
(a) Geographic, hydrographic, hydrological, climatic, ecological and other factors of a natural character;
(b) The social and economic needs of the watercourse states concerned;
(c) The population dependent on the watercourse in each watercourse state;
(d) The effects of the use or uses of the watercourses in one watercourse State on other watercourse states;
(e) Existing and potential uses of the watercourse;
(f) Conservation, protection, development and economy of use of the water resources of the
watercourse and the costs of measures taken to that effect;
(g) The availability of alternatives, of comparable value, to a particular planned or existing
use.”
In 1997, the International Court of Justice (ICJ) referred to the principle of equitable and reasonable utilization in its resolution of a dispute concerning a stretch of the
Danube River which defines the border between Hungary and Slovakia. Under the
1977 Budapest Treaty, Hungary and Czechoslovakia agreed to jointly build two dams
on the river, near Gabčikovo, Slovakia and Nagymaros, Hungary, to provide flood
control and hydroelectric power. The Treaty was inherited by of the Slovak Republic
following the 1993 dissolution of Czechoslovakia. When Hungary withdrew from the
A. Belinskij et al.