The settlement of disputes through non-judicial means (Article 33(1)-33(9))

The Chapter of the Commentary focus on the first part of Article 33 on non-judicial means of dispute settlement (paragraphs 1-9). First, a brief survey of the travaux of the ILC is provided, highlighting the different approaches followed by Special Rapporteurs Schwebel, Evensen, McCaffrey and Rosentock on the role of non-adjudicative means in dispute avoidance. Second, the scope of the provision in hand is analysed. To that end, its customary nature is emphasised. Third, the relationship with other provisions of the same Convention, and of other relevant international water agreements, is considered, highlighting how the language used in Article 33 makes it particularly adjustable to different kinds of disputes. Lastly, few concluding remarks are made, providing a critical assessment of the provision in hand and of the suitability of non-judicial means of settlement to settle water law disputes.