Article 11

11.1.3 The necessity to negotiate


In cases where the notification confirms the existence of a conflict of interest(s) between the riparian countries, or if a state potentially affected by a planned measure files a request, consultation and negotiation are consequential (See Article 17 and Article 33). It has to be remembered, though, that international law does not require reaching an agreement between the parties regarding a planned measure. However, the negotiation process demands that all interests which may be affected by the measure have to be considered by the parties, even if they do not constitute a legal right. This follows the rules of ‘good faith,’ demanding the planning state to seek to give all the interests in play ‘every satisfaction compatible with the pursuit of its own interests and to show that it has, in this matter, a real desire to reconcile the interests of the other riparian with its own.’263

263 Paragraph 22(3) of the Lac Lanoux Award; see Lac Lanoux Arbitration (France v Spain), 1957, 24 International Law Reports 101 (1957).

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Notification Process for Planned Measures

 

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