Programme Poster session 3 abstract 496
The UN Convention on International Watercourses: Do we need it?
Author(s): Maria Tzatzaki Vasiliki
LLB Aristotle University of Thessaloniki
Postgraduate Certificate in European
Higher Legal Studies, UNiversity of Leicester
LLM University of Athens (Thessis: The Law of International
Watercourses)
LLM candidate the London School of Economics abd Polit
Keyword(s): UN Convention, ecosystem, human right to water, holistic
approach
Article:
Poster:
Session: Poster session 3
Abstract The United Nations on
International Watercourses: Do we Need it?
WATER GOVERNANCE AND WATER SECURITY: 30
YEARS AFTER THE UN MAR DEL PLATA CONFERENCE OF 1977
Improving legal and institutional
frameworks
(Oral Presentation)
Vasiliki-Maria Tzatzaki
7 P. Sindika Street
54 643
Thessaloniki
Greece
0030 6948507466
tz_vicky@yahoo.gr
Introduction
The Convention on
the Law of the Non Navigational Uses of International Watercourses was adopted by the General Assembly of the
United Nations in May 1997. It is a framework Convention, setting the general principles for the management of
international watercourses that the states have to abide by, when concluding regional agreements. The obligation to
cooperate, not to cause significant harm to other riparian states, to use the fresh water resources in a reasonable and
equitable manner and to protect the environment are the core rules of the international agreement. However, the
adoption of the Convention has proven to be controversial, since its efficiency is disputed. The fact that so far it has
not attained enough ratifications, so as to enter into force, makes this legal framework weak. For that reason,
scholars have made suggestions in order to improve the legal mechanism. The ecosystemic and the human right to
water approaches are the two most common. This paper is going to argue that these approaches deal with the
problem in a fragmented way, making thus a holistic approach necessary. Such an integrated approach takes into
account the interests of the riparian states, the needs of the population, the preservation of the aquatic environment
and the fact that water is an economic good.
Objectives
The objective of this paper is to demonstrate that
the international legal framework needs to be improved. The UN Convention has to enter into force and it has to be
used by the riparian states as a guideline for the conclusion of regional agreements. A holistic view of the issue will
show that the UN Convention is a necessary tool for the sound management of fresh water resources.
Methods
The analysis is going to be based on a comparative method of the different approaches for the
management of international watercourses and at the same time is going to examine the rules of the UN Convention
along with disputes adjudicated by the International Court of Justice and other international tribunals.
Results
The result of this paper is going to be that a holistic approach to the management of international watercourses is
an imperative in order to improve the international legal framework. All the factors that are necessary for the
equitable and reasonable utilization of international rivers and lakes should be taken into account in order to avoid
future conflicts.
Conclusion
The UN Conventions on International Watercourses is the legal framework of
the international community for the management of international fresh water resources. However, it has to be
strengthened in order to be more efficient; a view of the international basins in toto is a step forward for the sound
management of international watercourses.