s.3 General Principles of the UN Watercourses Convention, Ch.6 The Obligation not to Cause Significant Harm (Article 7)

Subject(s):

Canals — Lakes — Rivers

This chapter examines Article 7, which is concerned with the obligation of each riparian State not to cause significant harm to the other riparians of the shared watercourse. It first traces the origins of the obligation not to cause significant harm before analysing the work of the different Special Rapporteurs of the International Law Commission (ILC) between 1974 and 1994 and how the UN General Assembly has addressed and resolved the issues regarding Article 7. It also discusses the relationship between the obligation not to cause significant harm and the principle of equitable and reasonable utilization; the distinction between harm affecting the quality, and harm affecting the quantity, of the waters of the shared watercourse; and Article 7’s relations with other articles of the UN Watercourses Convention. The chapter concludes with a critical assessment of the provisions of Article 7.