Article 11

11.1.1 Possible effects

According to the commentary to the 1994 ILC Draft Articles, the expression ‘possible effects’ comprises all potential effects of planned measures – both positive and negative.260 Hence, Article 11 goes further than the subsequent articles of Part III, which concern planned measures that may have a ‘significant adverse effect’ upon other watercourse states. Here, the more general wording takes into account that watercourse states have an interest in being informed of both potential adverse or beneficial effects of planned measures; leading to a reduction of risks and an increased planning security for the whole basin. Moreover, the requirement for the exchange of information and consultation with regard to all possible effects avoids the issues involved in the unilateral assessment of the actual nature of the potential impacts. This approach has been followed by other international legal instruments, e.g. Article 7 of the 1933 Declaration of Montevideo.261 

260 1994 Draft Articles, Art 11 at 111, para 3.

261 Declaration of the Seventh Pan-American Conference on the Industrial and Agricultural Use of International Rivers adopted at Montevideo, 24 December 1933, in (1934) 28 American Journal of International Law, supplement at 59-60.

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