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s.5 Protection, Preservation, and Management, Ch.10 Protection and Preservation of Freshwater Ecosystems (Articles 20–23)

Owen McIntyre

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, 2021. All Rights Reserved.date: 19 January 2021

Subject(s):
Freshwater — Canals — Lakes — Rivers — Pollution — Travaux préparatoires

This chapter focuses on Articles 20–23, which are concerned with protection and preservation of freshwater ecosystems of international watercourses. Articles 20–23 deal with, respectively: the protection and preservation of ecosystems; the prevention, reduction, and control of pollution; the introduction of alien or new species; and the protection and preservation of the marine environment. The chapter first reviews the travaux préparatoires of the International Law Commission (ILC) before discussing the customary status and normative impact of the obligations contained in Articles 20–23 as well as their relations with other articles of the UN Watercourses Convention. It concludes with a critical assessment of the general principles of Articles 20–23, emphasizing the importance of benefit-sharing arrangements among watercourse States.

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