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s.7 Miscellaneous Provisions, Ch.16 Access to Procedures and the Principle of Non-Discrimination (Article 32)

Roberta Greco

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

Right to non-discrimination — Water — Rivers — Pollution — Compensation — Travaux préparatoires — Customary international law — Boundaries

This chapter focuses on Article 32, which states that a watercourse State shall not discriminate when dealing with persons who have suffered or risk suffering significant transboundary harm due to activities related to an international watercourse. It first reviews the travaux préparatoires of the UN Watercourses Convention, including the work of the International Law Commission (ILC) and negotiations within the Sixth Committee convened as a Working Group of the Whole, before discussing the scope and content of the rules enshrined in Article 32 as well as the legal nature of the principle of non-discrimination with respect to equal rights of access in matters of transboundary water pollution and in relation to customary international law. The relationship of Article 32 with other articles of the Convention, such as Article 7(2) (the duty to discuss the question of compensation) and Article 33 (inter-State settlement of disputes), is also examined.

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