Article 1

1.1.3 Functional scope


Pursuant to Article 1(1), measures of ‘protection, preservation and management’ fall under the scope of the Convention. The inclusion of the terms ‘protection’ and ‘preservation’ constituted a departure from the 1994 Draft Articles as the latter instrument instead used the term ‘conservation’. The Working Group of the Sixth Committee felt that the use of the terms ‘protection’ and ‘preservation’ would broaden the scope of the Convention.91 The intention is therefore to emphasise the broad scope of the Convention thus covering both quantitative and qualitative aspects and, in addition to conservation, measures of ‘control’ such as regulating flow, floods, pollution and erosion, saline intrusion, and mitigating drought.92 The terms protection, preservation and management are elaborated on in Article 5 and Part IV (Articles 20-26) of the Convention.

91 UNGA Sixth Committee (51st Session) ‘Summary Record of the 12th Meeting of the Working Group on the Law of the Non-Navigational Uses of International Watercourses’ (7 October 1996) UN Doc A/C.6/51/SR.12 at 4-12.

92 1994 Draft Articles at 97.

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