|If states A and B are parties to an existing Agreement X and decide to negotiate a Protocol Y to Agreement X on a specific aspect, such as procedures for emergencies including flooding or drought. Would the Convention bind the negotiations? If the protocol is not a separate international agreement which countries must join for it to come into effect, the answer is no – however Parties should consider harmonising Protocol Y with Part IV of the Convention (Article 3 (2)). However, if the protocol is treated as a separate new agreement which countries must ratify, rather than a protocol to an existing agreement, then arguably parties are under a stronger obligation to apply and adjust the provisions of the Convention, even though it could not affect the obligations in the original agreement.170
170 E Brown Weiss, ‘The Evolution of International Water Law’ in Hague Academy of International Law (ed), Recueil Des Cours, Collected Courses, Tome 331, vol 331 (Martinus Nijhoff Publishers 2009) at 260.
Download Fact Sheets
Relationship with UNECE Water Convention
Relationship with SADC Revised Protocol