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s.5 Protection, Preservation, and Management, Ch.12 Regulation (Article 25)

Taylor W. Henshaw, Richard K. Paisley

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: 18 May 2022

Canals — Lakes — Rivers — International law and international relations

This chapter discusses Article 25, which governs the regulation of international watercourses. Article 25 of the UN Watercourses Convention sets forth the basic obligation of regulation, the duty of equitable participation as it applies to regulation, and a definition of the key term ‘regulation’. It requires watercourse States to cooperate in addressing needs or opportunities to regulate river flows and to share the related costs and benefits in an equitable manner. The chapter first considers the International Law Commission’s (ILC) deliberations on flow regulation provisions leading up to the adoption of the Convention before analysing the extent to which the approach adopted in the Convention reflects State practice, the scope and normative dimensions of Article 25, its relationship with other articles within the Convention, and its importance in the context of international law and international water law.

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