Article 6

Factors relevant to equitable and reasonable utilisation


Convention Text

  1. Utilisation of an international watercourse in an equitable and reasonable manner within the meaning of Article 5 requires taking into account all relevant factors and circumstances, including:  (a) Geographic, hydrographic, hydrological, climatic, ecological and other factors of a natural character;(b) The social and economic needs of the watercourse states concerned;

    (c) The population dependent on the watercourse in each watercourse state;

    (d) The effects of the use or uses of the watercourses in one watercourse State on other watercourse states;

    (e) Existing and potential uses of the watercourse;

    (f) Conservation, protection, development and economy of use of the water resources of the watercourse and the costs of measures taken to that effect;

    (g) The availability of alternatives, of comparable value, to a particular planned or existing use.

  2. In the application of Article 5 or paragraph 1 of this article, watercourse states concerned shall, when the need arises, enter into consultations in a spirit of cooperation.
  3. The weight to be given to each factor is to be determined by its importance in comparison with that of other relevant factors. In determining what is a reasonable and equitable use, all relevant factors are to be considered together and a conclusion reached on the basis of the whole.
Video: L Boisson de Chazournes Video: L Boisson de Chazournes Provisions on environmental protection in the UNWC, and their interaction with analogous articles in Multilateral Environmental Agreements
Video: Owen McIntyre Video: Owen McIntyre The concept of equity in international water law
Video: John Metzger Video: John Metzger Role of the UNWC and value of stakeholder participation
Video: Alistair Rieu-Clarke Video: Alistair Rieu-Clarke What is the relationship between the Principle of Equitable & Reasonable Use and the No-Significant-Harm Rule in the UNWC?

Download Fact Sheets

Equitable and Reasonable Utilisation

No Significant Harm Rule

Relationship with UNECE Water Convention

Relationship with SADC Revised Protocol

 

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