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s.3 General Principles of the UN Watercourses Convention, Ch.7 General Obligation to Cooperate and Regular Exchange of Data and Information (Articles 8 and 9)

Christina Leb

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

Regional co-operation — Canals — Lakes — Rivers

This chapter discusses the provisions of Articles 8 and 9, which deal with the general obligation to cooperate and the obligation regarding the regular exchange of data and information, respectively. It first considers the preparatory works of the International Law Commission (ILC) leading up to the development of the two obligations before analysing the scope and customary value of Articles 8 and 9, along with the legal nature of the two general principles and their relationship to other provisions of the UN Watercourses Convention. It also examines the role played by the two principles in facilitating the effective realization of other general principles, with a focus on the principle of equitable and reasonable utilization and participation and on the obligation not to cause significant harm. The chapter concludes with a critical assessment of the two obligations.

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