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s.4 Planned Measures, Ch.9 Notification and Consultation Concerning Planned Measures (Articles 11–19)

Komlan Sangbana

From: The UN Convention on the Law of the Non-Navigational Uses of International Watercourses: A Commentary

Edited By: Laurence Boisson de Chazournes, Makane Moïse Mbengue, Mara Tignino, Komlan Sangbana, Jason Rudall

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 24 May 2022

Canals — Lakes — Rivers — Travaux préparatoires — Boundaries

This chapter focuses on the provisions of Articles 11–19, which comprise Part III of the UN Watercourses Convention. Articles 11–19 deal with the situation where a State (or a person under its jurisdiction) plans measures or activities (including a new use or change in existing use) of an international watercourse that may cause a significant adverse transboundary environmental effect to other States. The chapter considers how the procedural rules of notification and consultation in cases of planned measures have been developed during the travaux préparatoires by reviewing the work of the International Law Commission (ILC) rapporteurs, along with discussions by the ILC and the Sixth Committee of the UN General Assembly. It also examines the relationship between the procedural obligations of notification and consultation and the substantive obligations of the law of international watercourses. It concludes with a critical assessment of Articles 11–19.

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