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Art.6 |
Article 6 |
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Art.6.1 |
1. Utilization of an international watercourse in an equitable and reasonable manner within the meaning of Article 5 requires taking into account all relevant factors and circumstances, including: |
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Art.6.1.a |
(a) Geographic, hydrographic, hydrological, climatic, ecological and other factors of a natural character; |
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Art.6.1.b |
(b) The social and economic needs of the watercourse States concerned; |
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Art.6.1.c |
(c) The population dependent on the watercourse in each watercourse State; |
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Art.6.1.d |
(d) The effects of the use or uses of the watercourses in one watercourse State on other watercourse States; |
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Art.6.1.e |
(e) Existing and potential uses of the watercourse; |
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Art.6.1.f |
(f) Conservation, protection, development and economy of use of the water resources of the watercourse and the costs of measures taken to that effect; |
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Art.6.1.g |
(g) The availability of alternatives, of comparable value, to a particular planned or existing use. |
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Art.6.2 |
2. In the application of Article 5 or paragraph 1 of this Article, watercourse States concerned shall, when the need arises, enter into consultations in a spirit of cooperation. |
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Art.6.3 |
3. The weight to be given to each factor is to be determined by its importance in comparison with that of other relevant factors. In determining what is a reasonable and equitable use, all relevant factors are to be considered together and a conclusion reached on the basis of the whole. |
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Art.7 |
Article 7 |
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Art.7.1 |
1. Watercourse States shall, in utilizing an international watercourse in their territories, take all appropriate measures to prevent the causing of significant harm to other watercourse States. |
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Art.7.2 |
2. Where significant harm nevertheless is caused to another watercourse State, the States whose use causes such harm shall, in the absence of agreement to such use, take all appropriate measures, having due regard for the provisions of Articles 5 and 6, in consultation with the affected State, to eliminate or mitigate such harm and, where appropriate, to discuss the question of compensation. |
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Art.8 |
Article 8 |
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Art.8.1 |
1. Watercourse States shall cooperate on the basis of sovereign equality, territorial integrity, mutual benefit and good faith in order to attain optimal utilization and adequate protection of an international watercourse. |
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Art.8.2 |
2. In determining the manner of such cooperation, watercourse States may consider the establishment of joint mechanisms or commissions, as deemed necessary by them, to facilitate cooperation on relevant measures and procedures in the light of experience gained through cooperation in existing joint mechanisms and commissions in various regions. |
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Art.13 |
Article 13 |
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Art.13.1x |
Unless otherwise agreed: |
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Art.13.1x.a |
(a) A watercourse State providing a notification under Article 12 shall allow the notified States a period of six months within which to study and evaluate the possible effects of the planned measures and to communicate the findings to it; |
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Art.13.1x.b |
(b) This period shall, at the request of a notified State for which the evaluation of the planned measures poses special difficulty, be extended for a period of six months. |
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Art.14 |
Article 14 |
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Art.14.1x |
During the period referred to in Article 13, the notifying State: |
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Art.14.1x.a |
(a) Shall cooperate with the notified States by providing them, on request, with any additional data and information that is available and necessary for an accurate evaluation; and |
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Art.14.1x.b |
(b) Shall not implement or permit the implementation of the planned measures without the consent of the notified States. |
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Art.16 |
Article 16 |
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Art.16.1 |
1. If, within the period applicable pursuant to Article 13, the notifying State receives no communication under Article 15, it may, subject to its obligations under Articles 5 and 7, proceed with the implementation of the planned measures, in accordance with the notification and any other data and information provided to the notified States. |
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Art.16.2 |
2. Any claim to compensation by a notified State which has failed to reply within the period applicable pursuant to Article 13 may be offset by the costs incurred by the notifying State for action undertaken after the expiration of the time for a reply which would not have been undertaken if the notified State had objected within that period. |
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Art.19 |
Article 19 |
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Art.19.1 |
1. In the event that the implementation of planned measures is of the utmost urgency in order to protect public health, public safety or other equally important interests, the State planning the measures may, subject to Articles 5 and 7, immediately proceed to implementation, notwithstanding the provisions of Article 14 and paragraph 3 of Article 17. |
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Art.19.2 |
2. In such case, a formal declaration of the urgency of the measures shall be communicated without delay to the other watercourse States referred to in Article 12 together with the relevant data and information. |
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Art.19.3 |
3. The State planning the measures shall, at the request of any of the States referred to in paragraph 2, promptly enter into consultations and negotiations with it in the manner indicated in paragraphs 1 and 2 of Article 17. |
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Part.4 |
PART IV |
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Art.23 |
Article 23 |
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Art.23.1x |
Watercourse States shall, individually and, where appropriate, in cooperation with other States, take all measures with respect to an international watercourse that are necessary to protect and preserve the marine environment, including estuaries, taking into account generally accepted international rules and standards. |
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Art.25 |
Article 25 |
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Art.25.1 |
1. Watercourse States shall cooperate, where appropriate, to respond to needs or opportunities for regulation of the flow of the waters of an international watercourse. |
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Art.25.2 |
2. Unless otherwise agreed, watercourse States shall participate on an equitable basis in the construction and maintenance or defrayal of the costs of such regulation works as they may have agreed to undertake. |
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Art.25.3 |
3. For the purposes of this Article, "regulation" means the use of hydraulic works or any other continuing measure to alter, vary or otherwise control the flow of the waters of an international watercourse. |
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Art.26 |
Article 26 |
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Art.26.1 |
1. Watercourse States shall, within their respective territories, employ their best efforts to maintain and protect installations, facilities and other works related to an international watercourse. |
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Art.26.2 |
2. Watercourse States shall, at the request of any of them which has reasonable grounds to believe that it may suffer significant adverse effects, enter into consultations with regard to: |
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Art.26.2.a |
(a) The safe operation and maintenance of installations, facilities or other works related to an international watercourse; and |
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Art.26.2.b |
(b) The protection of installations, facilities or other works from wilful or negligent acts or the forces of nature. |
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Part.5 |
PART V |
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Art.27 |
Article 27 |
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Art.27.1x |
Watercourse States shall, individually and, where appropriate, jointly, take all appropriate measures to prevent or mitigate conditions related to an international watercourse that may be harmful to other watercourse States, whether resulting from natural causes or human conduct, such as flood or ice conditions, water-borne diseases, siltation, erosion, salt-water intrusion, drought or desertification. |
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Art.28 |
Article 28 |
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Art.28.1 |
1. For the purposes of this Article, "emergency" means a situation that causes, or poses an imminent threat of causing, serious harm to watercourse States or other States and that results suddenly from natural causes, such as floods, the breaking up of ice, landslides or earthquakes, or from human conduct, such as industrial accidents. |
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Art.28.2 |
2. A watercourse State shall, without delay and by the most expeditious means available, notify other potentially affected States and competent international organizations of any emergency originating within its territory. |
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Art.28.3 |
3. A watercourse State within whose territory an emergency originates shall, in cooperation with potentially affected States and, where appropriate, competent international organizations, immediately take all practicable measures necessitated by the circumstances to prevent, mitigate and eliminate harmful effects of the emergency. |
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Art.28.4 |
4. When necessary, watercourse States shall jointly develop contingency plans for responding to emergencies, in cooperation, where appropriate, with other potentially affected States and competent international organizations. |
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Part.6 |
PART VI |
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Art.30 |
Article 30 |
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Art.30.1x |
In cases where there are serious obstacles to direct contacts between watercourse States, the States concerned shall fulfil their obligations of cooperation provided for in the present Convention, including exchange of data and information, notification, communication, consultations and negotiations, through any indirect procedure accepted by them. |
