The 1997 UN Convention on the Law of Non-navigational Uses of International Watercourses: Its Strengths and Weaknesses from a Water Management Perspective and the Need for New Workable Guidelines

The development of international water law applicable to the use of waters in transboundary rivers has lasted most of the twentieth century. During this time legal ideas have evolved substantially but widespread agreement has been difficult to obtain since the establishment of the Helsinki Rules in 1966. Following further work by the International Law Commission a framework convention was devised by the UN, which was accepted by the General Assembly in 1997. This convention has the advantage of being broad in concept and encompassing all aspects associated with water use. However, at the same time this is a serious weakness which will limit its utility as a working document by permitting the riparian states in dispute to engage in almost endless discussion over all the factors which might be considered. To help focus the debate this paper suggests two 'rules' that can be used initially to allocate actual water amounts in the basin of a transboundary river. From this position a more detailed water allocation policy can follow.