|Article 5 (2) embodies the concept of ‘equitable participation,’ which acknowledges the fact that only cooperative action by all watercourse states can produce the optimal benefits for each of them, while supporting the equitable and reasonable utilisation and the adequate protection of the international watercourse. Hence, the concept of equitable participation directly flows from the principle of equitable and reasonable utilisation – since the latter requires the former. Equitable participation, then, gives states the right to the cooperation of co-riparians regarding the measures necessary for the ‘adequate protection’ of the watercourse, which is linked to the general obligation to cooperate contained in Article 8 of the UNWC.216
216 1994 Draft Articles, Art 5 at 97, para 3.
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Equitable and Reasonable Utilisation
No Significant Harm Rule
Relationship with UNECE Water Convention
Relationship with SADC Revised Protocol