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s.3 General Principles of the UN Watercourses Convention, Ch.8 Relationship between Different Kinds of Uses (Article 10)

Lilian del Castillo-Laborde

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, 2021. All Rights Reserved.date: 02 December 2021

Subject(s):
Water — Lakes — Rivers

This chapter discusses Article 10, which deals with the relationship between different kinds of uses of international watercourses. Under Article 10 of the UN Watercourses Convention, it is recognized that international watercourses can have different kinds of uses which can compete or even be incompatible with one another. Article 10 also addresses how to resolve a conflict arising from different kinds of uses. The chapter first considers the preparatory works of the International Law Commission (ILC) before analysing the general principle and exceptions spelled out in Article 10. It then examines the issue of human right to water as it relates to the ‘special regard being given to the requirements of vital human needs’ to be assessed in the event of a conflict between uses of an international watercourse. It also explores Article 10’s relations with other articles of the Convention.

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