GLOSSARY

Absolute sovereignty (on an international watercourse)

Absolute sovereignty was expressed in the 1895 Harmon doctrine (named after the Attorney-
General of the United States) that a State could proclaim absolute sovereignty over the
sections of the river that cross through its territory. However, this doctrine was rejected by the
international community as a whole and even by the State that called for it.

Adoption (of treaties)

Adoption is the formal act by which the form and content of the text of a treaty are fixed. As a
general rule, the treaty's text shall be adopted by the consent of the States participating in its
creation. Any treaty negotiated within the framework of an international organization is usually
adopted by a resolution from a representative body of the organization whose membership
corresponds to the number of States participating in the treaty. A treaty may also be adopted
by an international conference specially convened by a two-thirds majority of the States
present and voting, unless those States decide by the same majority to apply a different rule.

Agreement

The term "international agreement" covers a wide range of international instruments (verbal or
written) ranging from binding treaties to political commitments.

Amendment

The term amendment refers to any subsequent changes made to the provisions of a legal
instrument such as a treaty. A treaty may be amended if all Parties reach agreement. Except
if otherwise stated in the treaty, the rules laid down in the 1969 Vienna Convention on the Law
of Treaties apply. Article 21 of the UNECE Convention on the Protection and Use of
Transboundary Watercourses and International Lakes establishes the procedure for making
amendments to the Convention.

Aquifer

An aquifer is a layer below the surface of the earth where there is groundwater. It is defined
by the International Law Commission (ILC) in its Draft Articles on the Law of Transboundary

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Aquifers of 2008 as "a permeable water-bearing geological formation underlain by a less
permeable layer and the water contained in the saturated zone of the formation" (art.2 (a)).

Arbitration

Arbitration, like a court trial, is a form of dispute resolution that can be used by private
individuals and States. Flexibility is one of the main features of arbitration. Indeed, an
agreement (or the Parties to it) may choose how arbitrators should be appointed, which rules
of procedure should be followed and which competent court, among others. Whether in
agreement or after the dispute has occurred, the Parties may agree to submit disputes to
arbitration. Once appointed, the arbitrators shall settle the dispute in accordance with the
applicable law. For more information, please consult the following pages: https://pca-
cpa.org/en/home/ and https://icsid.worldbank.org/en/

Codification

Codification is the process of transforming existing principles of customary international law

into a legal instrument, binding or otherwise, and transforming the rules of that law into treaty
obligations. The United Nations Convention on the Law of the Non-Navigational Uses of
International Watercourses (1997) and the Helsinki Rules on the Uses of the Waters of
International Rivers (1966) are two significant examples of codification.

Community of interests and rights

In international law, this term was used for the first time in 1929 during the judgment made by
the Permanent Court of International Justice (PCIJ) concerning the case of the Territorial
Jurisdiction of the International Commission of the Oder. The Court stated: "This community
of interest in a navigable river becomes the basis of a common legal right, the essential
features of which are the perfect equality of all riparian States in the use of the whole course
of the river and the exclusion of any preferential privilege of any riparian State in relation to
others.” The International Court of Justice referenced this passage in the case on the
Gabcikovo-Nagymaros Project.

Conflict of uses

Water resources are used for different purposes, such as navigation, industry or hydroelectric
power generation. Conflicts may arise over how transboundary water resources (surface and
underground) are used.

Consultation

This is the exchange of information between States sharing a watercourse or an aquifer on

any proposed activity involving shared water resources. Consultations should be conducted
by riparian States in good faith.

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Convention

Similar to the word "treaty", the term "convention" encompasses all international agreements.
Conventions normally involve the participation of the whole international community or a large
number of States. Instruments negotiated under the auspices of an international organization
are usually referred to as a "convention" (e.g. the Convention on Biological Diversity of 1992,
the 1982 United Nations Convention on the Law of the Sea, the 1969 Vienna Convention).

Customary international law

The term "customary international law" refers to international legal rules based on the
consistent practices of States. Declarations adopted at major international conferences and
resolutions emanating from international bodies may contribute to the emergence of the rules
of customary law. Customary law is a source of international law with treaties.

Due diligence

Due diligence refers to an assessment of the risks and consequences of a particular decision,
action or activity. It can take many forms depending on the context. In the context of
international water law, this concept refers to a State’s obligation to take preventive measures
(for example with pollution). However, more generally, States must respect environmental
standards when carrying out activities so to avoid significant harm to other States sharing the
water resources.

Ecosystem

An ecosystem is a collection of different organisms, animals and plants that interact within the
same physical environment. Human beings are also part of the ecosystem.

Entry in force

The provisions of a treaty generally specify the date that it enters into force. If the treaty does
not specify a date, it is assumed that the signatories wish for it to enter into force as soon as
all the States participating in the negotiation have expressed their consent to be bound by it.
In the case of multilateral treaties, it is common practice for States to express their consent
before the treaty can enter into force (see, for example, Article 36 of the United Nations
Convention on the Law of the Non-Navigational Uses of International Watercourses

Environmental impact assessment (EIA)

An Environmental Impact Assessment (EIA), "as a national instrument, shall be undertaken for
proposed activities that are likely to have a significant adverse impact on the environment and
are subject to a decision of a competent national authority."

(Principle 17 of the 1992 Rio Declaration on Environment and Development).

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Many national laws and international agreements now require that environmental impact
assessments are carried out before major projects are approved. The Espoo Convention on
Environmental Impact Assessment in a Transboundary Context of 1991 specifies the content
of the environmental impact assessment dossier (Appendix II). The judgment on the Pulp Mills
on the River Uruguay case recognized the customary nature of this obligation. For more
information, please consult the following
pages: http://www.unece.org/env/eia/welcome.html and http://www.icj-cij.org/en

Groundwater

Groundwater refers to water found under the earth's surface and which infiltrates into the
interstices and cracks of rock formations (aquifers). Groundwater supplies the water for wells
and springs. When water falls in the form of precipitation, it can either enrich the bodies of
surface water or evaporate and infiltrate the ground and fill up the aquifers. For more
information, please see the following page: https://water.usgs.gov/ogw/aquiferbasics/

Hard law

Hard law is a concept that refers to the international obligations of States. Violation of these
obligations may constitute grounds for referral to an international tribunal.

International Court of Justice (ICJ)

The International Court of Justice (ICJ) is the principal judicial body of the United Nations (UN).
Established in June 1945 by the United Nations Charter, activities began in April 1946. The
Court has a twofold mission: firstly, to settle, in accordance with international law, legal
disputes submitted by States and, secondly, to give advice on questions submitted by United
Nations bodies and specialized agencies. The ICJ has dealt with disputes over transboundary
water resources, notably in the case concerning the Gabcikovo-Nagymaros Project between
Hungary and Slovakia (1997) and the Pulp Mills on the Uruguay River case between Argentina
and Uruguay (2010). For more information, please visit http://www.icj-cij.org/en

International jurisprudence

Jurisprudence refers to a set of decisions made by international tribunals or courts. When

adjudicating disputes, international tribunals often rely on decisions previously made in similar
cases either by themselves or by other jurisdictions. For example, the International Court of
Justice (ICJ) may refer to case law to rule on disputes before it, but its decisions are binding
only on the parties to the dispute and in the case decided.

See Articles 38 and 59 of the Statute of the ICJ.

International law

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International law provides principles and rules that are applied to relations between States and
between States and private actors. "International water law" refers to the set of principles and
rules applicable to surface and groundwaters.

International Law Commission (ILC)

The purpose of the International Law Commission (ILC) is to promote the progressive
development of international law and its codification. It was established in 1948 through United
Nations General Assembly Resolution 174 (II) (1947) in order to achieve the objectives set out
in Article 13 (1) (a) of the United Nations Charter. The Commission consists of thirty-four
members who have been elected for a period of five years by the General Assembly of the
United Nations and who have recognised competence in international law. It meets annually
in Geneva, Switzerland. The Commission has contributed greatly to the development of
general international law, notably treaty law and the responsibility of States. In addition, it has
also contributed to the development of international water law with the Draft articles of the
Convention on the Law of the Non-navigational Uses of International Watercourses (1994) and
the 2008 Draft Articles on the Law of Transboundary Aquifers. For more information, please
visit http://www.un.org/law/ilc/

Joint institutional mechanisms

An institutional body established by several States bordering a watercourse or an aquifer. Such

a body may be entrusted with a number of tasks, for example, monitoring water quality
standards, adopting environmental standards and consulting and negotiating proposed
measures.

Limited territorial sovereignty

Rivers fall within the territorial sovereignty of the States through which they pass and, as such,
States exercise sovereign rights on the water resources. However, the sovereign right to use
the waters of an international watercourse must meet the obligation to never deprive other
riparian States of their right to use water.

Multilateral Environmental Agreements (MEAs)

Universal treaties that deal with environmental issues. The United Nations Framework
Convention on Climate Change, the Convention on Biological Diversity and the Ramsar
Convention on Wetlands, among others, are MEAs.

Negotiation

Negotiation is a dispute resolution technique. For example, if the notified State objects to a
proposed measure, consultations and negotiations should be initiated between the States
concerned.

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Notification

According to Principle 19 of the Rio Declaration on Environment and Development of 1992,

States need to notify all States likely to be affected by a project in advance and provide them
with all relevant information on activities that may impact the environment. The notification
must be accompanied by technical documentation including the Environmental Impact
Assessment (EIA) (an example is provided by Article 12 of the Convention on the Law of the
Non-navigational Uses of International Watercourses.

Permanent Court of Arbitration (PCA)

The Permanent Court of Arbitration (PCA) sits in The Hague, in the Netherlands. It was
established as an intergovernmental organization by two conventions (signed in 1899 and
1907). The PCA is the first global mechanism for the settlement of disputes between States
and currently has 115 member countries. The PCA exercises several roles in the event of
conflict between Member States, ranging from registry services to the selection of arbitrators.
The PCA has dealt with many conflicts, including international water law disputes such as the
recent arbitration of the Indus Kishenganga between Pakistan and India. For more information,
please visit: https://pca-cpa.org/en/home/

Permanent Court of International Justice (PCIJ)

The Permanent Court of International Justice (PCIJ) is the predecessor of the International
Court of Justice. It was the first permanent international court with general jurisdiction. The
PCIJ was established under the League of Nations and operated between 1922 and 1946.
Several of its decisions contributed to the development of international water law (see the case
concerning the Territorial Jurisdiction of the Commission International Conference of the Oder
of 1929). For more information, please visit http://www.icj-cij.org/en/pcij

Prior agreement

Following consultation, notification and negotiation, States reach agreement on proposed

activities involving shared water resources. According to the Senegal River Water Charter,
2002 (Article 10), with the exception of domestic uses which are free, the collection of water
from the river is subject to prior agreement between the Member States of the Organization
for the Development of the Senegal River (OMVS).

Scope (of treaties)

The scope of a treaty refers to the limits (for example, geographical or spatial) to which it
applies. This is often explicitly stated at the beginning of the text. The scope is important as it
defines the limits of the obligations of States Parties to the treaty. For example, Article 2.1 of
the United Nations Convention on the Law of the Non-Navigational Uses of International
Watercourses defines watercourse as "a system of surface waters and groundwaters

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constituting by virtue of their physical relationship a unitary whole and normally flowing into a
common terminus."

Significant damage

In international law, particularly in water law, any harmful use of a body of water, surface or
underground, is established on the basis of clear evidence. For damage to be considered
significant, it should not be trivial, but it does not necessarily have to be considerable. A case-
by-case study makes it possible to assess the significance of the damage.

Soft law

Soft law refers to international instruments, which, despite their influence, are not binding but
may be used to inspire the negotiation and adoption of instruments of substantive law.

Territorial integrity

According to the theory of territorial integrity, a State alongside an international watercourse

has the right to the permanent natural flow of water originating in other riparian countries. This
position, which is favorable to the downstream State, leads to total inertia as regards to any
adjustments that might be considered by the upstream State.

UNECE

The United Nations Economic Commission for Europe (UNECE) was established in 1947 by
the United Nations Economic and Social Council (ECOSOC). It is one of the five regional
commissions of the United Nations. Its main objective is to promote pan-European economic
integration. To do so, it brings together 56 countries from the European Union (EU), Western
and Eastern Europe outside the European Union (EU), South-East Europe, the
Commonwealth of Independent States (CIS) and North America. All these countries cooperate
and participate in dialogue on economic and sectoral issues under the auspices of the UNECE.
The UNECE also establishes standards and conventions to facilitate international cooperation
within and beyond the region. For more information, please visit http://www.unece.org/

Watershed commissions

Watershed commissions are made up of the different riparian States of a watercourse. They
aim to promote and coordinate the management and sustainable development of water and
related resources in the interests of riparian States. In addition, they establish policies,
strategies or guidelines for the sustainable development, use, conservation and management
of waters in the basin and related resources for navigation and other purposes. This is the
case with the Permanent Indus Commission, the Organization for the Development of the
Senegal River (OMVS) or the Commission for the Protection of the Danube River.