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s.3 General Principles of the UN Watercourses Convention, Ch.5 Equitable and Reasonable Utilization and Factors Relevant to Determining Such Utilization (Articles 5 and 6)

Lucius Caflisch

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

This chapter discusses Article 5, which is concerned with equitable and reasonable utilization and participation, and Article 6, which deals with factors relevant to equitable and reasonable utilization. It first considers the preparatory works of the UN Watercourses Convention, paying special attention to the views of the International Law Commission’s (ILC) Special Rapporteurs and the Draft Articles submitted by the Commission to the UN General Assembly. It also examines the negotiations conducted in the Working Group of the Whole of the UN General Assembly’s Sixth Committee, the customary nature of Articles 5 and 6, and the relationship of the two articles with other provisions of the Convention, particularly the ‘no-harm’ rule of Article 7. Finally, Articles 5 and 6 are critically assessed.

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