The UNECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes

Its Contribution to International Water Cooperation


The UNECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes provides invaluable insights into the contribution of this international agreement towards transboundary water cooperation via its legal provisions, accompanying institutional arrangements and subsidiary policy mechanisms. Contributing authors - experts on key aspects of the Convention - address a broad range of issues, primarily concerning its: development and evolution; relationship with other multi-lateral agreements; regulatory framework and general principles; tools for arresting transboundary pollution; procedural rules; compliance and liability provisions; and select issues including its Protocol on Water and Health.
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Biographical Note

Attila Tanzi, Ph.D., is Full Professor of International Law at the University of Bologna and Visiting Professor at Queen Mary, University of London. He has held numerous academic positions and has published extensively in English, Spanish, French and Italian on State responsibility, foreign investment law, environmental law, the law of international organisations and jurisdictional immunities. Dr Owen McIntyre is Senior Lecturer and Director of Research at the School of Law, University College Cork, and publishes extensively in all areas of Environmental Law, including a monograph on Environmental Protection of International Watercourses under International Law, recently translated and published in China. Alexandros Kolliopoulos is Legal Adviser at the Legal Department of the Ministry of Foreign Affairs of Greece. He is the author of a book and of several journal articles. His research focuses on State responsibility, international water law, State succession and United Nations law. Dr Alistair Rieu-Clarke, a Reader in International Law at the Centre for Water Law, Policy & Science, University of Dundee, has published extensively on matters concerning the law of international watercourses, and has a particular interest in treaty compliance and effectiveness. Rémy Kinna has published journal articles, edited special issues and presented conference papers focusing on international environmental law, water governance and transboundary harm. He has been Book Review Editor of the peer-reviewed journal Water International since July 2013.

Table of contents

Abbreviations Notes on Contributors Foreword PART I Development and Evolution of the Convention 1. Remarks on the Drafting History of the Convention ALISTAIR RIEU-CLARKE 2. From a Regional towards a Global Instrument – the 2003 Amendment to the UNECE Water Convention IULIA TROMBITCAIA AND SONJA KOEPPEL 3. The Normative and Institutional Evolution of the Convention FRANCESCA BERNARDINI PART II The Water Convention and other Multilateral Environmental Agreements 4. The 1997 UN Convention: Compatibility and Complementarity STEPHEN MCCAFFREY 5. The UNECE Water Convention and Multilateral Environmental Agreements LAURENCE BOISSON DE CHARZOURNES, CHRISTINA LEB AND MARA TIGNINO 6. The Water Convention and other UNECE Environmental Treaties OWEN MCINTYRE 7. The Water Convention and the European Union: the Benefits of the Convention for EU Member States GÁBOR BARANYAI PART III The Regulatory Framework of the Water Convention 8. Scope of the UNECE Water Convention MALGOSIA FITZMAURICE AND PANOS MERKOURIS 9. Normative Features of the UNECE Water Convention ATTILA TANZI, ALEXANDROS KOLLIOPOULOS AND NATALIYA NIKIFOROVA PART IV General Principles of the Convention 10. The No-Harm Rule ATTILA TANZI AND ALEXANDROS KOLLIOPOULOS 11. The Principle of Equitable and Reasonable Utilisation OWEN MCINTYRE AND ATTILA TANZI 12. The Role of the Precautionary Principle in the UNECE Water Convention NICOLAS DE SADELEER AND MEHDY ABBAS KHAYLI 13. The Polluter-Pays Principles in the UNECE Water Convention LESLIE-ANNE DUVIC-PAOLI AND PIERRE-MARIE DUPUY 14. The Sustainability Principle ALISTAIR RIEU-CLARKE PART V Tools for Preventing or Mitigating Transboundary Impact 15. The Development of Legal Provisions and Measures for Preventing and Reducing Pollution to Transboundary Water Resources under the UNECE Water Convention RÉMY KINNA 16. Integrated Water Resources Management as a Tool to Prevent or Mitigate Transboundary Impact HEIDE JEKEL PART VI Data Collection and Information Sharing 17. Monitoring and Assessment and the duty of cooperation under the Water Convention: exchange of information among the riparian parties ANNUKKA LIPPONEN AND LEA KAUPPI 18. Public Information and Participation under the Water Convention SERHIY VYKHRYST PART VII Cooperation and its Institutional Setting: The Water Convention and the Evolution of Procedural Rules of International Water Law 19. The Duty to Cooperation in International Water Law – Examining the Contribution of the UN Water Conventions to Facilitating Transboundary Water Cooperation PATRICIA WOUTERS AND CHRISTINA LEB 20. The Contribution of the UNECE Water Regime to Transboundary Cooperation in the Danube River Basin RUBY MOYNIHAN 21. Cooperation between Finland and the Russian Federation ANTTI BELINSKIJ Part VIII Compliance, Responsibility, Liability, Dispute Prevention and Settlement 22. Dispute Prevention, Dispute Settlement and Implementation Facilitation in International Water Law: the Added Value of the Establishment of an Implementation Mechanism under the Water Convention ATTILA TANZI AND CRISTINA CONTARTESE 23. The 2003 Kiev Protocol on Civil Liability and Compensation for Damage Caused by the Transboundary Effects of Industrial Accidents on Transboundary Waters PHANI DASCALOPOULOU-LIVADA AND ALEXANDROS KOLLIOPOULOS PART IX Select Issues 24. The Water Convention and the Human Right to Access to Water: The Protocol on Water and Health OWEN MCINTYRE 25. The UNECE Model Provisions on Transboundary Flood Management ALEXANDROS KOLLIOPOULOS 26. International Water Law and Climate Disruption Adaptation VASILIKI-MARIA TZATZAKI AND A. DAN TARLOCK 27. Advancing Dam Safety in Central Asia: The Contribution of the UNECE Water Convention BO LIBERT AND IULIA TROMBITCAIA 28. The International Water Law Process and Transboundary Groundwater: Supplementing the Water Convention with the 2012 UNECE Model Provisions ATTILA TANZI AND ALEXANDROS KOLLIOPOULOS PART X Viewing the Convention from Outside the UNECE 29. The Water Convention from a North American Perspective EMMA S. NORMAN, ALICE COHEN AND KAREN BAKKER 30. The UNECE Water Convention from a Latin American Perspective LILIAN DEL CASTILLO-LABORDE 31. Enhancing China’s transboundary water cooperation – what role for the UNECE Water Convention? PATRICIA WOUTERS 32. The UNECE Water Convention Viewed from the perspective of the SADC Revised Protocol on Shared Watercourses RÉMY KINNA 33. The development of a regional legal framework for shared waters in the Arab Region: potential guidance from the UNECE Water Convention RAYA MARINA STEPHAN PART XI The role of international financial institutions 34. Environmental Conditionalities and International Funding of Water Works of a Transboundary Relevance A. VAUGHAN LOWE 35. International Financial Institutions and the Water Convention: Consultations Arrangements SALMAN M. A. SALMAN PART XII Conclusions 36. The Contribution of the UNECE Water Convention to International Water Law ATTILA TANZI, OWEN MCINTYRE AND ALEXANDROS KOLLIOPOULOS


The present volume is intended for scholars as well as practitioners in the field of international water law.