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THE OXFORD INTERNATIONAL LAW LIBRARY

General Editor: SIR FRANKLIN BERMAN KCMG QC

This series features works on substantial topics in international law which provide authoritative statements of the chosen areas. Taken together they map out the whole of international law in a set of scholarly reference works and treatises intended to be of use to scholars, practitioners, and students.

The Law of International Watercourses

Third Edition

Great Clarendon Street, Oxford, OX2 6DP, United Kingdom

Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries © Stephen C. McCaffrey 2019

The moral rights of the author have been asserted

First Edition published in 2001

Second Edition published in 2007

Impression: 1

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by licence or under terms agreed with the appropriate reprographics rights organization. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above

You must not circulate this work in any other form and you must impose this same condition on any acquirer

Crown copyright material is reproduced under Class Licence Number C01P0000148 with the permission of OPSI and the Queen’s Printer for Scotland

Published in the United States of America by Oxford University Press 198 Madison Avenue, New York, NY 10016, United States of America

British Library Cataloguing in Publication Data

Data available

Library of Congress Control Number: 2019933125

ISBN 978–0–19–873692–9

Printed and bound by CPI Group (UK) Ltd, Croydon, CR0 4YY

Links to third party websites are provided by Oxford in good faith and for information only. Oxford disclaims any responsibility for the materials contained in any third party website referenced in this work.

This book is dedicated to my children, Kevin, Brooke, Darren, and Amanda. May their rivers run free and clean.

Preface to the Third Edition ix

Abbreviations xiii

Table of Treaties by Name of Watercourse xvii

Table of Treaties and Other Instruments by Name xxv

Table of Cases and Arbitrations xli

PART I. INTRODUCTION

1. Human Use of Fresh Water and the Era of Water Scarcity 3

2. The Concept and Reality of the International Watercourse System 28

PART II. EVOLUTION AND THEORETICAL BASES OF THE LAW OF INTERNATIONAL WATERCOURSES

3. The Evolution of the Law of International Watercourses 63

4. The Theoretical Bases of International Watercourse Law: An Examination of the Four Principal Theories 98

5. The Contribution of the Law of Navigation 161

PART III. THE MAJOR CASES AND CONTROVERSIES: A SURVEY OF STATE PRACTICE

6. The Major Cases

7. Selected Case Studies

PART IV. FUNDAMENTAL RIGHTS AND OBLIGATIONS

8. Introduction: The 1997 United Nations Convention and its Precursors

A. Substantive Obligations

9. Equitable and Reasonable Utilization

10. The Obligation to Prevent Harm to Other Riparian States

11. The Obligation to Protect International Watercourses and Their Ecosystems

B. Procedural Obligations

12. Procedural Obligations 526

C. Groundwater

13. The Special Case of Groundwater 544

D. Dispute Avoidance and Settlement

14. Dispute Avoidance and Settlement: Selected Aspects 570

ANNEXES

I. United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses (1997) with Statements of Understanding regarding certain provisions of the UN Convention 581

II. International Law Commission, Resolution on Confined Transboundary Groundwater (1994) 599

Preface to the Third Edition

In the decade or so since the second edition of this book was published, humanity has not managed to address the very real, and increasing, freshwater challenges it faces with the sense of urgency that is necessary. Yes, well-intentioned resolutions have been adopted by United Nations bodies, the UN Watercourses Convention has entered into force, the ECE Water Convention has been opened to global participation, and progress has been made on giving real meaning to the human right to water. But disaster, or something close to it, hangs like a sword of Damocles over arid regions all over the world, from the Asian Subcontinent and Northern Africa to the Middle East and the Southwestern United States. Droughts—although a new term should perhaps be found for an abnormally dry state that is close to being permanent—have contributed to national upheavals, such as the tragic and seemingly interminable conflict in Syria. And this horrible maelstrom of death, dislocation, and suffering demonstrates beyond doubt how water-related conflict that was originally local can quickly become international, drawing in some of the world’s most powerful states.

In the early 1990s, researchers referred to fresh water as being “in crisis.”1 Yet twenty-five years later, the situation is arguably worse, not better. This is partly due to the inexorable march of population growth and merciless calculus of an increased population that must rely upon a quantity of fresh water that remains ever the same. But more worrying is global climate change. Our understanding of climate change and its impacts have greatly improved over the past several decades but nations, including my own at present, have not shown the resolve necessary to combat it effectively. This almost somnolent approach of some countries, and outright denial by others, will saddle future generations with difficult living conditions to which they will have to adapt but for which they are not responsible. These impacts are already palpable, not least in the water sector. And they give rise to cascading consequences.2

In California, where I live, we now have a fifth season, one more fearful than any of the others: wildfire season. Ours in the northern part of the state began earlier than usual this year (in fact, meteorologists say it is becoming a year-round phenomenon). The wildfires tend to be larger and more destructive than was formerly the case because lack of rain means tinder-dry vegetation that fuels the blazes.3 Local

1 Water in Crisis

2 See, e.g., Ivan Penn, “More Wildfires, Less Electricity,” N.Y. Times, October 17, 2018, p. B1, reporting that California utilities cut electricity to thousands of Northern Californians on October 14, 2018 because of fire alerts due to high winds in areas blackened by fires a year ago. Similar action has been taken in the southern part of the state.

3 See, e.g., Dale Kasler, “Wildfires in state will grow 77% as climate warms, study finds,” sacrameNTo Bee, August 28, 2018, p. 1, reporting on a study by California officials indicating that the amount of land that will be consumed by wildfires in an average year will increase 77% by the end of the century. For the latest authoritative report on the science, see Intergovernmental Panel on Climate Change, Special Report on Global Warming of 1.5ºC, issued October 8, 2018.

and even regional cooperation can help to moderate the effects of some of these events but it cannot eliminate them. This is one of the reasons California, acting in the absence of effective action by the federal government, has enacted strong measures to combat climate change, measures which simultaneously protect the health of the state’s population. But global climate change itself can only be approached effectively through global cooperation. It remains to be seen whether international law, an inherently conservative system that develops deliberately, will be able to respond in a way that is adequate to the problem.

Cooperation is also the cornerstone of proper management of shared freshwater resources. Indeed, the most fundamental principle of law in the field, equitable and reasonable utilization, cannot function, or at best functions poorly, without regular communication and ongoing cooperation between the countries sharing the resource. Cooperation between riparian countries will also become increasingly essential since almost half of the world’s land area lies within international river basins, whose historic hydrologic character is likely to be altered by climate change.

The use of freshwater resources shared by two or more countries, and disputes concerning those resources, are governed by international law. The rules of international law relating to international watercourses—as shared rivers, lakes, and aquifers are known in the field—may be viewed as having developed along two separate tracks, one concerning navigation and the other relating to non-navigational uses. This book examines those rules and the way in which they have evolved over time. It focuses on theories, rules, and disputes concerning non-navigational uses—such as those for irrigation, hydropower production, and domestic needs—but takes into account the influence of the law of navigation and devotes a chapter to that stillimportant subject (Chapter 5).

The present edition updates its predecessor. It is inevitable, however, that some significant matters will have escaped my attention, and readers’ comments on these are welcome. A number of cases involving shared freshwater resources have been decided since the second edition was published and discussions of these are included. The two previous editions included a full chapter on the background and present status of the “Harmon Doctrine” of absolute territorial sovereignty. This has been omitted in the present edition, although the Harmon Doctrine itself is given brief coverage in Chapter 4. Interested readers can find the substance of the former chapter on the doctrine in the Natural Resources Journal. 4

The book draws on my work in the field, first as special rapporteur for the International Law Commission’s draft articles on international watercourses, and later as adviser to governments and international organizations. But it owes much to a number of people who have contributed in different ways to its preparation and to my understanding of this wonderfully complex area. Deserving of special mention in this regard is the late Robert D. Hayton, Professor Emeritus, City University of New York, who introduced me to the field and especially its physical aspects. A succession of student research assistants, now lawyers, have rendered invaluable

4 McCaffrey 1996.

support. I have benefitted repeatedly from the highly professional assistance of the Research Librarians at the Gordon D. Schaber Law Library of Pacific McGeorge, especially Paul Howard, our International Law Librarian, who has come to my rescue on many occasions. The editors at OUP have been a pleasure to work with. But it would not have been possible to complete work on the book without the warm and steadfast support of my family—my children, Kevin, Brooke, Darren, and Amanda, and especially my wife, Susan. To them I am deeply grateful.

Africa Treaties

Abbreviations

United Nations, Treaties concerning the Utilization of International Water Courses for Other Purposes than Navigation, Africa, Natural Resources/Water Series No. 13, UN Doc. ST/ESA/141, 1984

Aitchison C. V. Aitchison, A Collection of Treaties, Engagements and Sanads relating to India and Neighbouring Countries, Government of India Central Publications Branch, Calcutta, 1933

AJIL American Journal of International Law

Annual Digest Annual Digest of Public International Law Cases, A. McNair & H. Lauterpacht, eds., Longmans, London

BCM billion cubic meters

BFSP British and Foreign State Papers

Bevans Treaties and Other International Agreements of the United States of America 1776–1949, compiled under the direction of Charles I. Bevans

CDEM Consejo de Desarrollo Economico de Mexicali

CERCLA Comprehensive Environmental Response, Compensation, and Liability Act

CERDS Charter of Economic Rights and Duties of States

CFA Cooperative Framework Agreement

CTS Clive Parry, ed., Consolidated Treaty Series, Dobbs Ferry, NY, Oceana, 1969–1986

CVP Central Valley Project

ECE Economic Commission for Europe

ECJ Court of Justice of the European Communities

EIA environmental impact assessment

EPA Environmental Protection Agency

ESA Endangered Species Act

FAO United Nations Food and Agriculture Organization

Foreign Relations Foreign Relations of the United States

FWS Fish and Wildlife Service

GERD Grand Ethiopian Renaissance Dam

GERDP Grand Ethiopian Renaissance Dam Project

GLWQA 1978 Great Lakes Water Quality Agreement between Canada and the United States

GMR Great Man-Made River

IBWC

International Boundary and Water Commission between the United States and Mexico

Abbreviations

ICAS Interstate Council for the Aral Sea

ICJ International Court of Justice

ICPR International Commission for the Protection of the Rhine

ICSID International Center for the Settlement of Investment Disputes

ICWC Interstate Commission on Water Coordination

IFAS International Fund for the Aral Sea

IIL Institute of International Law or Institut de Droit International

IJC International Joint Commission

ILA International Law Association

ILC International Law Commission of the United Nations

ILM International Legal Materials

ILR International Law Reports

IPCC Intergovernmental Panel on Climate Change

JWC Joint Water Committee

Lao PDR Lao People’s Democratic Republic

Legislative Texts Legislative Texts and Treaty Provisions concerning the Utilization of International Rivers for Other Purposes than Navigation, UN Doc. ST/LEG/SER.B/12, 1964

LNTS League of Nations Treaty Series

Malloy

W.M. Malloy, Treaties, Conventions, International Acts, Protocols and Agreements between the United States of America and other Powers, 1776–1909, U.S. Government Printing Office, Washington, D.C., 1910

Martens G.-F. de Martens, Noveau Recueil général de traités, 3d ser., Librairie Dieterich, Leipzig, 1909–1944

MCM million cubic meters

MDPA Mines de Potasse d’Alsace

MEAs multilateral environmental agreements

Moore, Int’l Arb. John Bassett Moore, History and Digest of international arbitrations to which the United States has been a Party, U.S. Government Printing Office, Washington, D.C., 1898

MOU memorandum of understanding

MPT Major Peace Treaties of Modern History, 1648–1967, Fred L. Israel ed., Chelsea House, New York, 1967

MRC Mekong River Commission

NAFTA North American Free Trade Agreement

NEPA National Environmental Policy Act of 1969

NGO non-governmental organization

Nile-COM Nile Council of Ministers

NRBC Nile River Basin Commission

OECD Council of the Organization for Economic Cooperation and Development

OERS Organization of the Senegal River States

Abbreviations

PCIJ Permanent Court of International Justice

QSA Quantification Settlement Agreement

RGDIP Revue générale de droit international public

SADC Southern African Development Community

SDGs Sustainable Development Goals

SEIS Supplemental Environmental Impact Statement

SWP California State Water Project

TECCONILE Technical Cooperation Committee for the Promotion of the Development and Environmental Protection of the Nile Basin

TEIA transboundary (environmental) impact assessment

UNCC United Nations Compensation Commission

UNRIAA United Nations, Reports of International Arbitral Awards

UNTS United Nations Treaty Series

US Digest Digest of United States Practice in International Law, U.S. Department of State publication, Washington, D.C., 1974

Wg working group

WHO World Health Organization

WWF World Wildlife Fund for Nature

Y.B. Int’l L. Comm’n Yearbook of the International Law Commission

Aral Sea

Table of Treaties by Name of Watercourse

Agreement on Joint Efforts to Resolve the Problems of the Aral Sea and Surrounding Area and on Environmental Mitigation and Ensuring the Socio-Economic Development of the Aral Region (1993)

Art 2

Aras and Atrak Rivers

Agreement between the Soviet Union and Iran for the Joint Utilization of the Frontier Parts of the Rivers Aras and Atrak for Irrigation and Power Generation (1957) Art 1

Chad Agreement Establishing the Lake Chad Basin Commission Development Fund (1972) 303–4 Convention and Statutes relating to the Development of the Chad Basin (1964) Art 7

145, 303–4

Colorado Agreement approving Minute 242 of the International Boundary and Water Commission Setting Forth a Permanent and Definitive Solution to the International Problem of the Salinity of the Colorado River (1973) (United States and Mexico) (see also Colorado, Tijuana, Rio Grande Treaty (1944)) 103, 388–90, 549

Colorado River Basin Salinity Control Act (1974) 388–90, 394–95

Colorado River Interstate Compact between Arizona, California, Colorado, Nevada, New Mexico, Utah and Wyoming (1922) 382–84, 385–86, 388

Art III(a)

383

Art III(b) 383

Art III(d) 383

Colorado River Water Delivery Agreement: Federal Quantification Settlement Agreement (QSA) (2003) .

Colorado, Tijuana, Rio Grande Treaty relating to the Utilization of the Waters of the Colorado and Tijuana Rivers, and of the Rio Grande (Rio Bravo) from Fort Quitman, Texas to the Gulf of Mexico (1944) (United States and Mexico) .

Art 2

Art 4

388

54, 57, 146–47, 380, 382, 384–87

380, 382, 386–87, 390–91, 392–93, 540–41, 575

Art 4(B)(c) 380

Art 4(B)(d) 380

Art 10 392–94

Art 10(a) 387

Art 10(b) 385–86, 387

Art 11 393–94

Art 11(a) 393–94

Art 12(a)

Art 24(d) .

Art 25

Minute 242 (1973)

Minute 308 (2002) .

Minute 319

of Treaties by Name of Watercourse

388–90, 575

Minute 323 392

Columbia

Columbia River Treaty: Treaty relating to Cooperative Development of the Water Resources of the Columbia River Basin (1961) 57, 90, 334, 400, 401–2, 460–61

Art II(1)

Art II(2)

Art IV(2) .

Art V(2)

Art VI

Art XII(1)

Art XIX(2)

Congo River Congo Navigation Act Preamble

Danube

Convention concerning Fishing in the Waters of the Danube (1958) 208

Convention on Cooperation for the Protection and Sustainable Use of the Danube River (1994)

Art 1(b)

Art 1(c)

Art 2(3)

Art 6

Art 6(e) 518

Convention regarding the Regime of Navigation on the Danube (1948)

Art 1

Art 3

Navigation Act (1857) (Danube)

Treaty concerning the Construction and Operation of the Gabcíkovo-Nagymaros System of Locks (1977) (Hungary and Czechoslovakia) 204–6, 207, 208, 209, 210, 211–12, 214, 215, 353–55, 441, 552

Art 15

Art 19

Art 20

Devil’s Lake

208, 209, 212

208, 209, 212

208, 209, 212

Joint Declaration on the Devil’s Lake Diversion Project (2005) (United States and Canada) 396, 399

Drava

Convention between Yugoslavia and Austria concerning Water Economy Questions relating to the Drava (1954)

Preamble

Art 4

Art 5

Table of Treaties by Name of Watercourse xix

Framework Agreement between Kazakhstan, Kyrgyzstan and Uzbekistan on the Use of the Water and Energy Resources of the Syr Darya River Basin (1998)

Art 2

Art 12

Gambia

Convention relating to the Status of the River Gambia (1978)

Art 4 519

Ganges

Agreement on Sharing of the Ganges Waters (1977) 106, 343–44

Treaty on Sharing of the Ganges Waters at Farakka (1996) 106, 146–47, 343, 344–45

Art I

Art II(ii)

Art II(iii)

Art III

Art IV

Art VI

Art VII

Great Lakes

Great Lakes Water Quality Agreement (1972) (Canada and the United States)

Annex 3

Great Lakes Water Quality Agreement (GLWQA) (1978 as amended by Protocols of 1983 and 1987) (Canada and United States)

Art II

Gut Dam

344–45

344, 539

90, 93–94, 517

397, 517

Agreement concerning the Establishment of an International Arbitral Tribunal to Dispose of United States Claims Relating to Gut Dam (1965) 264

Indus

Indus Basin Development Fund Agreement (1960) (Australia, Canada, Germany, New Zealand, Pakistan, the United Kingdom, the United States, and the World Bank)

Indus Waters Treaty (1960) (India and Pakistan)

Art I(3)

Art I(6)

341

. 10, 92–93, 104, 268–69, 270–71, 273, 276–77, 278–80, 340–41, 344, 431, 460–61, 575, 577

272

268

Arts II–IV 340–41

Art II 272

Arts II(2)–(4) 340–41

Art III 268, 272

Art III(2) 340–41

Art III(2)(d) 341–42

Art IV(1) 271

Art IV(3) .

Art VI

Art VI(1)

Art VII(1)(a) .

Art VIII .

Table of Treaties by Name of Watercourse

540–41

92–93, 146–47, 577

Art VIII(1) 577

Art VIII(4) 281–82, 577

Art IX 271–72, 577–78

Art IX(1) 577–78

Art IX(2) 268, 577–78

Art IX(2)(a) 268, 341–42

Art IX(2)(b) 578

Art IX(3)–(5)

Art IX(4)

Art IX(5) .

Art XI

Art XI(1)(b)

Art XI(2)

578

578

271, 460–61, 578

104–5, 341

104–5

104–5

Annexure C 340–41

Annexure D 268–69, 273, 274, 275, 276, 277–80, 340–42

Annexure F 268, 271, 577–78

Annexure G 273, 276, 578

Lake Constance

Treaty between the Bishop of Constance and Switzerland concerning Lake Constance (1554) .

Convention entre la Suisse, le Grand-Duché de Bade et L’Alsace-Lorraine arrêtant des dispositions uniformes sur la pêche dans le Rhin et ses affleuts, y compris le Lac de Constance, Lucerne, May 18, 1887, Legislative Texts, Treaty No� 113 (1964) .

67–68

. 88–89

Convention between Austria-Hungary, Baden, Bavaria, Liechtenstein, Switzerland and Württemberg Laying Down Uniform Provisions concerning Fishing in Lake Constance, with Protocol, July 2, 1893 92

Lake Ladoga

Treaty between Sweden (Finland) and the Principality of Novgorod (Russia) concerning Lake Ladoga (1312) 67–68

Lake Titicaca

Agreement between Bolivia and Peru concerning a Preliminary Economic Study of the Joint Utilization of the Waters of Lake Titicaca (1957)

Art 1

Lake Victoria

Convention for the Establishment of the Lake Victoria Fisheries Organization (1994) . . .

Mahakali

Mahakali River Treaty (1996)

Art 1

Art 1(2)

Art 2

Art

Art 3(1)

Art 7

Art 9(1)

of Treaties by Name of Watercourse xxi

Art 9(2)

Art 9(3)(a)–(e)

Art 11

Art 12(1)

Treaty Concerning the Integrated Development of the Mahakali River Including Sarada Barrage, Tanakpur Barrage and Pancheshwar Project see Mahakali River Treaty (1996)

Mekong

Agreement on the Cooperation for the Sustainable Development of the Mekong River Basin see Mekong Agreement (1995)

Declaration Concerning the Interim Committee for Coordination of Investigations of the Lower Mekong Basin (1978) 337–38

Joint Declaration of Principles for Utilization of the Waters of the Lower Mekong Basin (1975) 337–38

Mekong Agreement (1995)

Arts 1-10

Art 1

Art 2

Art 3

Art 5

91, 335–36, 441, 510, 516, 533–34

335–36

336, 337–38

337–38

Art 5(A) 337–38

Art 6

Art

Art 8 336, 496

Art 9 336

Art 10 336

Arts 11–33 335–36

Art 24(C)

Art 26

Art 31

Art 36

Art 39

Statute of the Committee for Coordination of Investigations of the Lower Mekong Basin (1957) 337–38

Meuse

Agreement on the Protection of the Meuse (1994) 510 Treaty between Belgium and the Netherlands to Establish the Regime of Diversions of Water from the Meuse (1863) 128, 201–2

Art 1 201

Treaty of Peace and Alliance between France and the Batavian Republic (1795)

Art 18

Niagara

Treaty between the United States and Canada relating to the Uses of the Waters of the Niagara River (1950)

142, 173–74

Art 6 145

Niger

Act regarding Navigation and Economic Cooperation between the States of the Niger Basin (1963) 165–66

Art 1 165–66

Art 3 145, 165–66

Art 4 519

Nile

Table of Treaties by Name of Watercourse

Agreement on Declaration of Principles on the Grand Ethiopian Renaissance Dam (GERD) (2015) (Egypt, Sudan, Ethiopia) .

. 119–20, 316–18, 320, 321, 322

Agreement between Egypt and Ethiopia, establishing a framework for cooperation in the utilization of the waters of the Nile River (1993) 308–9

Agreement between the United Arab Republic and the Republic of Sudan for the Full Utilization of the Nile Waters (1959) 109–10, 118–19, 308–9, 312–15, 316, 317, 321, 322, 423–24

Preamble 128–29, 312–13, 315–16

Art I 313–14

Art I(1) 118–19, 128–29, 310–11

Art II(1) .

Art II(2)

Art II(3)

Art II(4)

Art III(1)

Boundary Treaty between the United Kingdom and Sudan (1902)

314, 315–16

Exchange of Notes between the United Kingdom and Egypt in regard to the Use of the Waters of the River Nile for Irrigation Purposes (1929) 94, 128–29, 308–9, 310–12, 313–14, 315–16, 317

Annex A

Headquarters Agreement between the Government of the Republic of Uganda and the Nile Basin Initiative (2002)

Nile River Basin Cooperative Framework Agreement (CFA) (2010)

Art 14

Art 14(a)

Art 14(b)

Art 15

110, 118–19, 319

Nile Waters Agreements see Exchange of Notes between the United Kingdom and Egypt in regard to the Use of the Waters of the River Nile for Irrigation Purposes (1929) and Agreement between the United Arab Republic and the Republic of Sudan for the Full Utilization of the Nile Waters (1959)

Treaties of May 15, 1902 between the United Kingdom and Ethiopia, and between the United Kingdom, Italy, and Ethiopia, relative to the Frontiers between the Sudan, Ethiopia and Eritrea, G�B� Treaty Ser�, No� 16 (1902), Cmd� 1370

Owen Falls Dam

Exchange of Notes constituting an Agreement between the U K and Egypt regarding the Construction of the Owen Falls Dam (1949–1953) 118–19, 311–12, 317

Paraná

Agreement between Argentina, Brazil and Paraguay on Paraná River Projects (1979) 129–30, 356–57, 533

Plate or Plata

Joint Declaration of the Foreign Ministers of the States of the Plata River Basin (Argentina, Bolivia, Brazil, Paraguay and Uruguay) .

Treaty on the River Plate Basin (1969) 90, 355

Art 1

Rhine

Agreement for the Protection of the Rhine Against Chemical Pollution (1977)

Berne Convention (1963)

Berne Convention (Convention for the Protection of the Rhine) (1999)

3

6

Convention on the International Commission for the Protection of the Rhine Against Pollution (ICPR) (1963) see Berne Convention (1963)

Convention on the Protection of the Rhine Against Pollution by Chlorides (1976) see Rhine Chlorides Convention

Rhine Chlorides Convention (1976)

Art 13

Protocol (1991)

Treaty between Austria and Switzerland concerning the Rhine River (1588)

Treaty of Peace and Alliance between France and the Batavian Republic (1795)

Art 18

Rhone

Convention between France and Switzerland for the Development of the Water Power of the Rhone (1913)

352–53

352–53, 510

67–68

142, 173–74

Art 5 145

Rio Grande

Convention concerning the Equitable Distribution of the Waters of the Rio Grande for Irrigation Purposes (United States of America and Mexico) (1906)

Art 4

95, 103, 115–16, 132, 344, 379

460–61

see also Colorado, Tijuana, Rio Grande Treaty relating to the Utilization of the Waters of the Colorado and Tijuana Rivers, and of the Rio Grande (Rio Bravo) from Fort Quitman, Texas to the Gulf of Mexico (1944) (United States and Mexico)

Scheldt

Agreement on the Protection of the Scheldt (1994) 510 Treaty of Peace and Alliance between France and the Batavian Republic (1795)

Art 18 142, 173–74

Senegal

Convention establishing the Organization for the Development of the Senegal River (OMVS) (1972) .

Convention on the Status of the Senegal River (1972)

Convention relating to the Development of the Senegal River (1963) .

Convention Relating to the Legal Status of Common Works (1978)

146–47, 323–24

323–24

323

323–24

Water Charter of the Senegal River (2002) 323–24, 325

Art 4 325

Art 14

Tigris and Euphrates

Treaty of Friendship and Good Neighbourly Relations between Iraq and Turkey (1946), Protocol 1 on Flow Regulation of the Tigris and Euphrates Rivers and of their Tributaries

Art 3 .

Tijuana

Table of Treaties by Name of Watercourse

see Colorado, Tijuana, Rio Grande Treaty relating to the Utilization of the Waters of the Colorado and Tijuana Rivers, and of the Rio Grande (Rio Bravo) from Fort Quitman, Texas to the Gulf of Mexico (1944) (United States and Mexico)

Tresa

Treaty between Milan and Switzerland concerning the Tresa River (1604) 67–68

Uruguay

Agreement between Argentina and Uruguay relating to the Utilization of the Rapids of the Uruguay River in the Area of Salto Grande (1946)

Art 1

Statute of the Uruguay River (1975) (Argentina and Uruguay)

Art 1

Arts 7-12

Art 7

Art 7(1)

145

93–94, 184, 185, 216, 217, 219–20, 221, 225–26, 233, 463–64, 517

221–22

216–17, 220, 221–22, 227

217, 218–19

218–19

Art 7(2) 218–19

Art 7(3) 218–19

Art 12 220–21

Art 27 221–22

Art 35 221, 227

Art 36 93–94, 221, 222, 227, 517

Art 40 223

Art 41

Art 41(a)

Art 49

Yarmuk

223, 224, 226, 227, 517

93–94, 184, 224, 226

93–94

Agreement for the Utilization of the Waters of the Yarmuk River between Jordan and Syria (1953) 145

Table of Treaties and Other Instruments by Name

Bold face references denote where an Instrument or part thereof has been reproduced in full

Act of Asunción (1971) see Declaration of Asunción Act of Santiago concerning Hydrologic Basins (1971) 42, 109 Act regarding Navigation and Economic Cooperation between the States of the Niger Basin (1963) 165–66

Art 1 165–66

Art 3

Art 4 .

145, 165–66

519

Additional Act accompanying Treaty of Bayonne (1866) (France and Spain) . . . . . . 255, 256, 257, 258, 259

Art 8

256–57

Art 11 259

Art 12 257

African Convention on the Conservation of Nature and Natural Resources (1968)

Art 5 548

Art 5(2) 548

Agreement approving Minute 242 of the International Boundary and Water Commission Setting Forth a Permanent and Definitive Solution to the International Problem of the Salinity of the Colorado River (1973) (United States and Mexico) (see also Colorado, Tijuana, Rio Grande Treaty (1944)) 103, 388–90, 549

Agreement between Argentina and Uruguay relating to the Utilization of the Rapids of the Uruguay River in the Area of Salto Grande (1946)

Art 1

145

Agreement between Argentina, Brazil and Paraguay on Paraná River Project (1979) . . . . . . . 129–30, 356–57, 533

Agreement between Austria and the Elector Palatinate (1779) 142, 173–74

Agreement between Belgium and the United Kingdom regarding Water Rights on the Boundary between Tanganyika and Ruanda-Urundi (1934) 49

Art 3 .

Art 4

Agreement between Bolivia and Peru concerning a Preliminary Economic Study of the Joint Utilization of the Waters of Lake Titicaca (1957)

Art 1 144

Agreement between Bulgaria and Yugoslavia (1958)

Art 1(2)(f) .

Art 1(3) . . .

548

548

Agreement between Egypt and Ethiopia, establishing a framework for cooperation in the utilization of the waters of the Nile River (1993) 308–9

Agreement between France, the Federal Republic of Germany, Luxembourg, the Netherlands and Switzerland establishing the International Commission for the Protection of the Rhine against Pollution (1963) . . . . . 146–47

Agreement between Hungary and Yugoslavia (1955)

Art 1(3)

Agreement between Iraq and Syria (1990) .

548

548

374–75

Agreement between Namibia and South Africa on the Establishment of a Permanent Water Commission (1992)

Art 1 143–44

Art 1(2) 143–44

Agreement between Nigeria and Niger concerning the Equitable Sharing in the Development, Conservation and Use of their Common Water Resources (1990)

Art 1

82

82

143–44

Art 1(3) 550

Art 2 143–44

Art 9(b) 550

Agreement between the Soviet Union and Iran for the Joint Utilization of the Frontier Parts of the Rivers Aras and Atrak for Irrigation and Power Generation (1957)

Art 1

145

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