The global water treaties and their relationship

The chapter address the relationship between the 1992 UNECE Water Counvention and the 1997 UN Watercourses Convention. It first present succinctly the principle of harmonization, with a view to demonstrating that international law aims at systemic coherence, rather than fragmentation. Second, it shows the way in which the substantive water law principles, i.e. the no harm and the equitable utilization principles, are couched in the two conventions. Third, it addresses the procedural principle of cooperation, focusing on the provisions regulating institutional cooperation and exchange of data and information. Fourth, the analysis tackles issues revolving around the rules on notification of planned measures in the light of the recent jurisprudential interpretation of such rules. Fifth, it analyses the dispute prevention and settlement mechanisms under the two Conventions. Lastly, it draws few conclusions, showing that a harmonized reading and a constructive, mutually reinforcing interpretation of the two treaty regimes in hand is not only possible, but also in conformity with the rationale of both Conventions. That accounts for the fact that, as such, the two instruments in hand contribute decisively to the consolidation of the customary law of international watercourses.