Article 4

4.1.1 Right to participation for watercourse states

When an agreement deals with an entire international watercourse, there is no reasonable basis for excluding a watercourse State from participation in its negotiation, and from becoming a party to the agreement, or from participating in any relevant consultations.172 As explained in Section 2.1.5, the primary legal relationships which the Convention governs are between state parties which are riparians of the same international watercourse and Article 4 stipulates that only riparians have the right to take part in the consultations and negotiations. However, this exclusion of non-riparians may be challenged in particular circumstances as elaborated upon in Section 4.1.2.

When an agreement deals with only part of an international watercourse only watercourse states whose use of the watercourse may be significantly affected by the implementation of an agreement are entitled to participate in consultations and negotiations relating to such a proposed agreement, with a view to becoming a party to the agreement, to the extent that its use is thereby affected – See the Section 4.2.

172 1994 Draft Articles at 95.

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