s.5 Protection, Preservation, and Management, Ch.13 Installations (Article 26)

Subject(s):

Canals — Lakes — Rivers — Travaux préparatoires — Customary international law

This chapter focuses on Article 26, which requires watercourse State to show due diligence in maintaining and protecting ‘installations, facilities and other works’ related to an international watercourse. In addition, watercourse State Parties to the UN Watercourses Convention are required to enter into consultations with regard to the safe operation and maintenance of such installations, facilities, and other works. The chapter first reviews the travaux préparatoires of the Convention, with emphasis on the work of the International Law Commission (ILC), before discussing the scope and content of the rules enshrined in Article 26 and whether these rules exist as separate rules of customary international law. It then considers Article 26’s relationship with other articles of the Convention and concludes with a critical assessment of the provision.