Edited by Stephen C. McCaffrey, Christina Leb and Riley T. Denoon
Chapter 3: The global water treaties and their relationship
This chapter analyses the similarities between the 1992 UNECE Water Convention and the 1997 UN Watercourses Convention. By referring to the principle of harmonization and the general aim of systemic coherence of international law, the contribution argues the complementarity between the two normative instruments. It tackles both the substantive water law principles, namely the no harm rule and the equitable and reasonable utilization principle, and the procedural principle of cooperation as a catalyst giving effect to the substantive rules and principles in point. To that end, institutional cooperation and exchange of data and information are given special emphasis. The contribution addresses the substantive and procedural legal principles in point in relation to dispute prevention and settlement, also in light of recent case law. It concludes showing that a harmonized, constructive and mutually reinforcing interpretation of the two treaty regimes fully conforms to the rationale of both conventions.
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