4.2 International Water Law Today
33
4.2.1.3 Principles of Contemporary Water Law
As mentioned above, the foundations of today’s international water law are three
principles: equitable and reasonable utilisation of shared watercourses, the prevention
of significant harm (the “no-harm” rule) and the prior notification of and consultation
on planned measures with a transboundary impact. These principles find their clearest
legal expression in the UN Watercourses Convention (the principles are discussed in
detail in relation to the Convention below, see Sect. 4.2.2).
4.2.1.4 General Principles of International Law
Naturally, the above water-related legal principles do not exist in isolation, but form an
integral part of the corpus of public international law. Therefore, the basic principles
of co-riparian relations must be implemented hand in hand with a set of core principles
governing interstate conduct under the Charter of the United Nations.
9 These include
the principle of good neighbourliness, the commitment to promote peace and security,
the duty to cooperate, the obligation to resolve disputes by peaceful means or the
principle of the “rule of law” (Wouters 2013). Moreover, certain so-called peremptory
norms of international law, e.g. those relating to the protection of human rights,
humanitarian crises or self-determination, are also applicable to the management of
shared basins (Bruhács 2011). Finally, international water law is supplemented by
some general environmental law principles, such as the precautionary principle, the
polluter pays principle or the sustainability principle.
4.2.2 The UN Watercourses Convention
Since 2014 states have at their disposal two multilateral treaties that provide basic
frameworks for transboundary water cooperation: the 1997 Convention on the Law of
the Non-navigational Uses of International Watercourses (UN Watercourses Convention) and the 1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes (UNECE Water Convention). The two instruments
largely cover the same subjects, although following somewhat different approaches
(McCaffrey 2016).
10
The UN Watercourses Convention was preceded by two decades of deliberation
and codification within the UN’s International Law Commission. The project leading
to the Convention was initiated in 1970 and was completed in 1997 by the adoption
of the Convention text by the UN General Assembly. The Convention has generally
been received as an authentic codification of the principles of international law relat9 Charter of the United Nations, San Francisco, 26 June 1945.
10 The UNECE Water Convention is discussed in detail in the context of European transboundary
water law. See Sect. 8.2.2.
33
4.2.1.3 Principles of Contemporary Water Law
As mentioned above, the foundations of today’s international water law are three
principles: equitable and reasonable utilisation of shared watercourses, the prevention
of significant harm (the “no-harm” rule) and the prior notification of and consultation
on planned measures with a transboundary impact. These principles find their clearest
legal expression in the UN Watercourses Convention (the principles are discussed in
detail in relation to the Convention below, see Sect. 4.2.2).
4.2.1.4 General Principles of International Law
Naturally, the above water-related legal principles do not exist in isolation, but form an
integral part of the corpus of public international law. Therefore, the basic principles
of co-riparian relations must be implemented hand in hand with a set of core principles
governing interstate conduct under the Charter of the United Nations.
9 These include
the principle of good neighbourliness, the commitment to promote peace and security,
the duty to cooperate, the obligation to resolve disputes by peaceful means or the
principle of the “rule of law” (Wouters 2013). Moreover, certain so-called peremptory
norms of international law, e.g. those relating to the protection of human rights,
humanitarian crises or self-determination, are also applicable to the management of
shared basins (Bruhács 2011). Finally, international water law is supplemented by
some general environmental law principles, such as the precautionary principle, the
polluter pays principle or the sustainability principle.
4.2.2 The UN Watercourses Convention
Since 2014 states have at their disposal two multilateral treaties that provide basic
frameworks for transboundary water cooperation: the 1997 Convention on the Law of
the Non-navigational Uses of International Watercourses (UN Watercourses Convention) and the 1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes (UNECE Water Convention). The two instruments
largely cover the same subjects, although following somewhat different approaches
(McCaffrey 2016).
10
The UN Watercourses Convention was preceded by two decades of deliberation
and codification within the UN’s International Law Commission. The project leading
to the Convention was initiated in 1970 and was completed in 1997 by the adoption
of the Convention text by the UN General Assembly. The Convention has generally
been received as an authentic codification of the principles of international law relat9 Charter of the United Nations, San Francisco, 26 June 1945.
10 The UNECE Water Convention is discussed in detail in the context of European transboundary
water law. See Sect. 8.2.2.