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s.2 The UN Watercourses Convention and Other Fresh Water Agreements, Ch.4 The Relationship between the Convention, Existing and Future Fresh Water Agreements (Articles 3 and 4)

Makane Moïse Mbengue, Jason Rudall

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: 16 May 2022

Canals — Lakes — Rivers — Travaux préparatoires — Treaty provisions — Good faith

This chapter examines Article 3, which is concerned with watercourse agreements, and Article 4, which deals with Parties to watercourse agreements. The UN Watercourses Convention does not affect the rights and obligations arising from agreements in force between riparian States, but Parties to the agreements should consider harmonizing such treaties with the Convention. States are not obliged to harmonize existing or future agreements with its principles, but are encouraged to consider doing so. The chapter first reviews the travaux préparatoires to highlight some of the tensions that arose during the negotiation of the treaty before discussing the scope and dimensions of Articles 3 and 4 and how their provisions relate to others in the Convention. It also analyses the provisions, particularly in light of the practice that has built up around them.

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