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s.6 Harmful Conditions and Emergency Situations, Ch.14 Prevention and Mitigation of Harmful Conditions and Emergency Situations (Articles 27 and 28)

Ruby Moynihan, Bjørn-Oliver Magsig

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

Climate change — Canals — Lakes — Rivers — Pollution

This chapter analyses Article 27, which requires States to take measures to prevent or mitigate harmful conditions that may be a result of both natural causes (for example, floods and droughts) or human conduct, and Article 28, which governs emergency situations that cause—or pose an imminent threat of causing—serious harm to watercourse States or other States. The chapter first considers the evolution and meaning of obligations to prevent and mitigate harmful conditions and emergencies before discussing the scope, customary value, and normative impact of Articles 27 and 28 as well as their relations with other articles in the UN Watercourses Convention. It also examines a number of issues which have been identified with Articles 27 and 28, including their failure to comprehensively account for human-induced climate change impacts on emergency situations, and natural disasters.

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