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

Salman M.A. Salman

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 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.

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