McCaffrey, Stephen C --- "The customary law of international watercourses" [2018] ELECD 1240; in Tignino, Mara; Bréthaut, Christian (eds), "Research Handbook on Freshwater Law and International Relations" (Edward Elgar Publishing, 2018) 147

Book Title: Research Handbook on Freshwater Law and International Relations

Editor(s): Tignino, Mara; Bréthaut, Christian

Publisher: Edward Elgar Publishing

ISBN: 9781785360640

Section: Chapter 6

Section Title: The customary law of international watercourses

Author(s): McCaffrey, Stephen C

Number of pages: 28

Abstract/Description:

This chapter considers the rules of customary international law that have developed, and are continuing to develop, concerning the non-navigational uses of international watercourses. In identifying these rules, the chapter relies to some extent upon statements by the International Court and the relevant work of the International Law Commission as the best evidence of customary international law. The chapter will also refer to State practice and statements countries have made concerning legal standards applicable to non-navigational uses of international watercourses. Space limitations dictate that the chapter focus on the principal rules that are based in customary international law. There is broad agreement on two of these obligations: equitable and reasonable utilization; and prevention of significant harm. Also important are the general obligation to cooperate, and prior notification of planned measures.