From treaty practice to the UN Watercourses Convention

Abstract

In 1959, following a proposal from the Bolivian Government, the UN General Assembly discussed the legal problems relating to the utilisation of international rivers.1 A key motivation for the topic was to consider whether it was appropriate for codification at the global level. Adopting a global approach would not be an easy task. In the same year Sudan and Egypt entered into an agreement that fully allocated the waters of the Nile between themselves, and to the exclusion of all upstream Nile riparians.2 If all States sharing one international river could not enter into an agreement, then what hope was there for the General Assembly to find consensus amongst States at the global level? Conversely, could a global approach act as a catalyst for stronger cooperation amongst States within individual rivers? Before these questions could be answered there was a need to ascertain what practice already existed. What bilateral and multilateral treaties had States already committed to? Did these treaties share common rules and principles? How widespread was treaty practice relating to international watercourses? To address these questions the UN General Assembly requested the UN Secretary General to survey relevant sources on the topic, including laws and legislation of Member States, bilateral and multilateral treaties, summaries of decisions of international tribunals, and studies made by non-governmental organisations.3 It could be argued that out of all these sources, bilateral and multilateral treaties offered the most accurate reflection of what States might be willing to accept at the global level. However, the survey revealed that the treaty landscape was fragmented.4 With a view to supplementing existing watercourse treaties,5 the International Law Commission (ILC) was therefore requested by the UN General Assembly, to ‘take up the study of the law of the non-navigational uses of international watercourses with a view to its