Article 9

9.2 Application

State A (upstream) and state B (downstream) share a transboundary river. Since they are in friendly relations with each other, both states have a long history of exchanging information regarding the management of the watercourse.

In an attempt to upgrade its system of dams, state B is demanding more detailed data on the flow of the river. So far, state A has only shared this kind of data by the quarter. State B has secured a loan from a development bank to upgrade its system of dams. Due to requirements determined by its lenders, state B needs flow data on a monthly basis.

State A argues that from its point of view the information currently shared is more than sufficient, as it satisfies the requirements for running its own dams. Furthermore, owing to financial constraints, it simply cannot increase the frequency of measures. In its reply state B acknowledges that the information it seeks is not readily available to A, but claims that, according to Article 9(2) of the UNWC, state A has to do its utmost to comply with the request of exchanging more detailed data.

In the case at hand, the two states will have to come to an agreement where state B likely pays a reasonable amount of compensation for receiving the information requested, as state A will have to bear extra costs for the collection and processing of the data.

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