Part III

Planned Measures

Key Points

  • The procedural requirements of this section are of particular importance with regard to the effective implementation of the substantive requirements of the Convention, and Articles 5 – 7 in particular.
  • Each riparian state to an international watercourse is entitled to prior notification, consultation and (in some cases) negotiation where the proposed use by a co-riparian may cause serious harm to its rights or interest.
  • Many of the rights and obligations stated in this section can be considered as a manifestation of the general right to cooperate (see Article 8) with regard to planned measures affecting international watercourses.
  • While some of these principles are generally accepted as customary international law, their interpretation as to when and how exactly to notify is often the centre of the debate in a dispute.
  • The exchange of information and data on all affairs relating to an international watercourse is essential for solid planning of the development of any area of the basin; knowing all the relevant facts; and also learning about any planned measures which may affect them as early as possible.
  • The following procedural rules foster, and in some cases even kick-start, cooperation between states, since the notifying state often benefits as much as the notified state from the exchange of data and information.
  • The legal effect of a breach of the duty to notify can be deduced from general principles of international law, e.g. a state might be liable under the principles of international tort law for the damage caused to co-riparians by its failure to transmit relevant data and information.
  • Failure to inform the other watercourse state(s) of planned measures presents a factor to be taken into account in future debates about the rights of co-basin states under the principle of equitable and reasonable utilisation.

Download Fact Sheets

Notification Process for Planned Measures


Global Water Facts

global water facts
global water facts

Connect with us

Connect on facebook Connect on twitter Subscribe to rss

Supported by

WWF UN Water Law Green Cross University of Dundee IHP-HELP - Under the auspices of UNESCO