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The UN Convention on International Watercourses as a Framework for the Avoidance and Settlement of Waterlaw Disputes
Published online by Cambridge University Press: 02 March 2004
Abstract
The adoption of the Convention in hand is regarded as a significant step in the law-making process in the field, irrespective of its entry into force. In order to assess the extent of such significance, the text under consideration is interpreted in the light of the most advanced relevant international instruments, including the International Law Association private codification process. The provisions on the general principles of equitable utilisation and no-harm are read in conjunction with Part IV on ‘protection, preservation and management’, on account of a systematic interpretative approach, and on the assumption of the interdependence between water quantity and quality issues. The general character of the wording in which the substantive principles are spelled out, will prompt their further specification, rather than change, through subsequent diplomatic, treaty, and judicial practice.
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