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s.8 Prevention and Settlement of Disputes, Ch.17 The Settlement of Disputes through Non-Judicial Means (Article 33(1)–33(9))

Attila Tanzi, Gian Maria Farnelli

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: 01 July 2022

Canals — Lakes — Rivers — Customary international law

This chapter focuses on Article 33 (paragraphs 1–9), which governs the settlement of disputes through non-judicial means. It first provides a brief overview of the preparatory works of the International Law Commission (ILC), paying special attention to the different approaches adopted by the Special Rapporteurs to address the role of non-adjudicative means in dispute avoidance. It then considers the scope and customary nature of the provision, along with its relationship with other provisions of the UN Watercourses Convention and other relevant international water agreements. In particular, it explains how the language used in Article 33 makes it particularly adjustable to different kinds of disputes. Finally, it reflects on the difficulties encountered in the adoption of Article 33 and how it lays the groundwork for an integrated approach between non-judicial and judicial means of dispute settlement.

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