|State A (upstream) has allowed invasive non-native species, including Himalayan balsam and Japanese knotweed, to develop within the upper reaches of river X. This has resulted in native species being crowded out and, where such species have died down in the winter, river banks have become bare resulting in increased soil erosion. The build-up of sedimentation due to the soil erosion has had significant impacts downstream. Most notably, the capacity of storage dams – used for agricultural purposes downstream – has been reduced considerably due to the build up of sedimentation in the dams. Given that state A has not taken any measures to prevent the build up of the alien species within river X, they are deemed to be in violation of Article 22 of the Convention.
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No Significant Harm Rule
Protection and Preservation of Ecosystems