1. RESTORING THE ENVIRONMENTAL PROTECTION OF INTERNATIONAL RIVERS: A CASE FOR A TEXTUAL APPROACH TO INTERPRETING GLOBAL WATER TREATIES.
- Author
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Chong, Agnes
- Subjects
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ENVIRONMENTAL protection , *WATER laws , *WATERSHEDS , *INTERNATIONAL rivers - Abstract
The 1992 United Nations Economic Commission for Europe (UNECE) Convention and the 1997 Watercourses Convention ("the global water conventions") offer a framework for the international protection of shared international river basins, a key source of essential freshwater resources. However, in practice, two-thirds of the world's transboundary rivers do not have cooperation arrangements to ensure the rivers' protection. One factor contributing to the low number of such agreements, according to UN Water (a mechanism consisting of intergovernmental and other international entities that coordinates the UN's work on water and sanitation), is limited trust between basin States. This distrust may be due to a fundamental misunderstanding of the rights and obligations governing international rivers under the global water conventions, and how the legal mechanisms contained in the conventions may contribute to bridging that trust gap. The global water conventions offer a legal solution to practically implement riparian States' rights and obligations vis-à-vis their shared river, particularly on the allocation of river uses (protected under the equitable utilization rule) and the prohibition on causing harm to other States' interests and the environment (guaranteed under the no-harm rule). However, a longstanding controversial issue over the exact nature of the relationship between equitable utilization and no-harm is a stumbling block for riparian States entering into basin agreements. Underlying the uncertainty and ambiguity over the relationship is the prevailing view that equitable utilization takes priority over no-harm, contrary to the text of the treaty. This interpretation of the treaty creates uncertainty that inhibits States from entering into agreements, resulting in ungoverned and unregulated environmental protection of international rivers. This Article makes the case for a textual approach in interpreting water treaties on the basis that the global water conventions are clear and balanced and do not favor one rule over another, or upstream riparian States over downstream riparian States. Adhering to a textual approach corrects the unequal treatment of the treaty and restores the treaty to give effect to the environmental protection of international rivers. [ABSTRACT FROM AUTHOR]
- Published
- 2024