Rieu-Clarke, Alistair --- "From treaty practice to the UN Watercourses Convention" [2019] ELECD 62; in McCaffrey, C. Stephen; Leb, Christina; Denoon, T. Riley (eds), "Research Handbook on International Water Law" (Edward Elgar Publishing, 2019) 11

Book Title: Research Handbook on International Water Law

Editor(s): McCaffrey, C. Stephen; Leb, Christina; Denoon, T. Riley

Publisher: Edward Elgar Publishing

ISBN: 9781785368073

Section: Chapter 1

Section Title: From treaty practice to the UN Watercourses Convention

Author(s): Rieu-Clarke, Alistair

Number of pages: 15

Abstract/Description:

The UN Watercourses Convention drew heavily from treaty practice related to specific rivers, lakes and aquifers at multiple levels (bilateral and multilateral; and basin and sub-basin), and from across the world. However, a key challenge was the fragmented nature of this practice. By also drawing upon other sources of international law, the International Law Commission, in consultation with countries, was able to develop a text, that was ultimately agreed and adopted by the UN General Assembly in 1997. The interplay between treaty practice and the UN Watercourses Convention continued following its adoption. Several treaties adopted after 1997 were heavily influenced by the UN Watercourses Convention. Despite growing pressures on international watercourses, many still lack adequate arrangements to ensure that they are governed in an equitable and sustainable manner. There is therefore great merit in enhancing the interplay between the UN Watercourses Convention and treaty practice in the years to come.