Article 3

3.2.4 Scenario – Does the Convention require watercourse states to conclude a specific agreement before using an international watercourse?

Watercourse states are not under an obligation to conclude an agreement before using the waters of the international watercourse. This is not supported by the terms or the intent of Article 3171 and nor is it supported by state practice or international judicial decisions. However, it is advisable that the riparian countries enter into such specific agreements for ensuring the more effective management and development of their transboundary river basin.

171 1994 Draft Articles at 94.

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