Article 14

14.1 Commentary

Article 14 deals with the obligations of the notifying state during the period for reply (see Article 13). These are twofold:

(1) an obligation of cooperation, which includes a duty to provide the notified states (at their request) ‘with any additional data and information that is available and necessary for an accurate evaluation’ of the possible impacts of the planned measures;

(2) and that at least during the period of notification and consultation set out in Article 13, there is an obligation not to ‘implement or permit the implementation of the planned measures without the consent of the notified states.’ The obvious reason for the second obligation imposed by Article 14 is to help with the compliance of the general principle of equitable and reasonable utilisation. If the notifying state was to proceed with the planned project before the notified state has an opportunity to assess the potential impacts of the measures (and informs the notifying state of its findings), the notifying state would most certainly not be in a position – due to a lack of sufficient information – to determine whether it was in compliance with Articles 5 to 7.285

For the interpretation of the terms ‘available’ and ‘implement or permit the implementation’ see Sections 12.1.4 and 12.1.2 respectively.

285 1994 Draft Articles at 114, Article 13, para 3.

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