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Codification and Progressive Development of International Water Law: Vol 1. The Work of the International Law Commission of the United Nations

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ISBN13: 9789041107169
ISBN: 9041107169
Published: July 1998
Publisher: Brill Academic Publishers
Format: Hardback
Price: Out of print

On 21 May 1997, the United Nations General Assembly adopted a Convention on the Law of the Non-Navigational Uses of International Watercourses. This book traces the work of the International Law Commission during the three decades that it addressed this topic. The book brings together a comprehensive collection of the Reports of the Commission to the General Assembly on international watercourses. In addition, it collects the responses of States, which reveal their often controversial positions on key issues throughout the evolution of the ILC's Draft Articles. The book compares the 1991 ILC Draft Articles with the revised version adopted on second reading in 1994. It contrasts that instrument with the final text adopted by the Working Group of the Whole and the Convention adopted by the U.N. General Assembly.;This collection provides a detailed survey of the evolution of the principles of international law regarding the non-navigational utilization of freshwater resources. Surpassing simple codification, the ILC effort contains elements of progressive development, especially with respect to procedural rules.;The history of the Draft Articles reveals important questions relating to key substantive matters. One controversial issue: whether the principle of ""equitable utilization"" or that of ""no-significant harm"" governs the legitimacy of a State's actions in the context of entitlement to increase or develop new uses of international water-courses. This question at the heart of the Commission's debates continues to divide States. A full collection of the work of the ILC permits the best appreciation of significant points of contention such as this one.;The survey of the ILC's work also reveals debate on other substantive rules such as the weight given to the conventional provisions in light of pre-existing and future watercourse agreements. On the environmental side, what are the rules that govern pollution harm? What obligations are imposed on watercourse States with respect to the protection and preservation of the international waters that flow across their borders? What are the procedural rules that apply when States wish to develop new or increase existing uses of their international waters? Are there duties upon States to resolve conflicts that arise from the use of international watercourses? This volume addresses all these questions and more.

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Introduction: The Work of the United Nations (League of Nations/ United Nations). The Work of the ILC: Codification and Progressive Development. The ILC's Work on Watercourses. First Phase (Kearney, Schwebel, Evensen, first draft articles in 1980). Second Phase (McCaffrey, 1991 Draft Articles). Final Phase (1994 Draft Articles with Commentaries).
2. ILC Reports to the General Assembly - 1980 Report YB vol II, part two: Draft Articles 1-5 and `x' provisionally adopted.
1987 report YB vol II, part two: Draft Articles 1-7 provisionally adopted.
1988 Report YB vol II, part two: Draft Articles 8-21 provisionally adopted.
1990 Report YB vol II, part two: Draft Articles 22-27 provisionally adopted.
1991 Report YB vol II, part two: Draft Articles 2, 10, 26-29, and 32 provisionally adopted (Commission also adopts entire set of Draft Articles on first reading).
1994 Report YB vol II, part two: entire set of (revised) Draft Articles adopted on second reading and referred to UNGA.
3. State Responses: Replies to Secretary General on 1971 Questionnaire. Replies to Secretary General on 1991 ILC Draft Articles. Replies to Secretary General on 1994 ILC Draft Articles.
4. Framework Convention: UN Convention on the Law of the Non-Navigational Uses of International Watercourses: Remarks of States in UN General Assembly on 1997 Convention.