Article 3

3.1.2 Relationship of the Convention to part of shared watercourse or specific projects and rights of third parties.


Article 3(3) and Article 4(2) of the Convention allow all watercourse states to become party to an agreement that only refers to a portion of the basin or to a specific project or use if they may be affected by such an agreement. In addition, these agreements cannot adversely affect, to a significant extent,153 the use of the resource by non-participating riparians without their express consent (Article 3(4)). Furthermore, nothing in such an agreement will affect the rights or obligations of non-contracting parties under the Convention. In other words, these provisions safeguard the rights of states that are not parties to partial agreements, but are parties to the Convention (Article 3 (6)). Article 3(6) therefore upholds Article 34 of the Vienna Convention on the Law of Treaties containing the general rule regarding third states – that a treaty does not create either obligations or rights for a third state without its consent.154

153 See Section 3.1.3 for an explanation of significant adverse effects.

154 Vienna Convention on the Law of Treaties, UN Doc A/Conf.39/27 Art 34.

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