International Water Courses Regime Flashcards

1
Q

What is the definition of watercourse?

A

“a system of surface waters and ground waters constituting by virtue of their physical relationship a unitary whole and normally flowing into a common terminus”. (this definition includes groundwater that is hydrologically connected with surface water). Under the UN Convention on the Law of the Non-navigational Uses of International Watercourses, New York, 21 May 1997

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2
Q

What is included in Part III of the UN Convention on the Law of the Non-navigational Uses of International Watercourses, New York, 21 May 1997?

A

The principle of prior notification of planned measures and elaborates in some detail on the various aspects of that obligation.

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3
Q

What are the main provisions of the UN Convention on the Law of the Non-navigational Uses of International Watercourses, New York, 21 May 1997?

A

Article 5, contained in Part II: equitable and reasonable utilization and participation.

Article 7. Obligation not to cause significant harm. “take all appropriate measures to prevent the causing of significant harm” to other States sharing an international watercourse”

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4
Q

What is included in Part IV of the Convention UN Convention on the Law of the Non-navigational Uses of International Watercourses, New York, 21 May 1997?

A

It deals with protection, preservation and management of international watercourses. It contains provisions on protection and preservation of watercourse ecosystems, prevention, reduction and control of pollution, and consultations concerning management of an international watercourse, among others.

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5
Q

What is the definition of UNECE and what is its purpose?

A

The UNECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes (Water Convention) is an important tool promoting cooperation on transboundary waters management in the pan-European region. By facilitating and promoting cooperation the Water Convention aims to protect and ensure the quantity, quality and sustainable use of transboundary water resources

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6
Q

In which year was the UNECE Convention admended and what did it imply?

A

In 2003, driven by the aim to share the Convention’s experience and promote transboundary water cooperation worldwide, the Parties amended the Convention to make it possible for any United Nations Member State to accede to this instrument.

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7
Q

When did the UNECE enter into force?

A

The amendment entered into force on 6 February 2013, turning the Water Convention into a legal framework for transboundary water cooperation worldwide. As of 1st March 2016, all United Nations Member States can accede to the Convention.

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8
Q

What happened in 2018 related to the UNECE?

A

In 2018, not even 2 years after its official opening to countries from outside the pan-European region, the Water Convention already welcomed 2 new Parties: Chad and Senegal.

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9
Q

What is the main aim of the Protocol on Water and Health (UNECE)? How is it done?

A

The main aim of the Protocol is to protect human health and well being by better water management, including the protection of water ecosystems, and by preventing, controlling and reducing water-related diseases.

To meet these goals, its Parties are required to establish national and local targets for the quality of drinking water and the quality of discharges, as well as for the performance of water supply and waste-water treatment

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10
Q

What are the general legal framework for the international water courses regime?

A

International Legal Framework:
– Convention and Statute on the Regime of Navigable Waterways of International Concern Barcelona, 20 April 1921
- Convention relating to the Development of Hydraulic Power affecting more than one State and Protocol of Signature Geneva, 9 December 1923

  • UN Model Convention on the Law of the Non-navigational Uses of International Watercourses
  • UNECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes (UNECE Water Convention).
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