United Nations

A/RES/51/229


General Assembly

Distr. GENERAL  

8 July 1997

ORIGINAL:
ENGLISH



Fifty-first session
Agenda item 144


                  RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY

         [without reference to a Main Committee (A/51/L.72 and Add.1)]


            51/229.  Convention on the law of the non-
                     navigational uses of international
                     watercourses


      The General Assembly,

      Bearing in mind Article 13, paragraph 1 a of the Charter of the
United Nations,

      Recalling its resolution 2669 (XXV) of 8 December 1970, in which
it recommended that the International Law Commission should take up
the study of the law of the non-navigational uses of international
watercourses with a view to its progressive development and
codification,

      Recalling also that the International Law Commission submitted a
final set of draft articles on the law of the non-navigational uses of
international watercourses in chapter III of its report on the work of
its forty-sixth session, 1/

      Recalling further its resolutions 49/52 of 9 December 1994 and
51/206 of 17 December 1996, by which it decided that the Sixth
Committee should convene as a working group of the whole, open to
States Members of the United Nations or members of the specialized
agencies, to elaborate a framework convention on the law of the non-
navigational uses of international watercourses, and that on
completion of its mandate the Working Group of the Whole should report
directly to the General Assembly,

      Having considered the report of the Sixth Committee convening as
the Working Group of the Whole, 2/ and expressing its gratitude for
the work done,

      1.    Expresses its deep appreciation to the International Law
Commission for its valuable work on the law of the non-navigational
uses of international watercourses and to the successive special
rapporteurs for their contribution to that work;

      2.    Adopts the Convention on the Law of the Non-navigational
Uses of International Watercourses, contained in the annex to the
present resolution, and requests the Secretary-General as depositary
to open it for signature;

      3.    Invites States and regional economic integration
organizations to become parties to the Convention.


                                                          99th plenary meeting
                                                                   21 May 1997


                                     ANNEX

              Convention on the Law of the Non-navigational Uses
                         of International Watercourses

      The Parties to the present Convention,

      Conscious of the importance of international watercourses and the
non-navigational uses thereof in many regions of the world,

      Having in mind Article 13, paragraph 1 a, of the Charter of the
United Nations, which provides that the General Assembly shall
initiate studies and make recommendations for the purpose of
encouraging the progressive development of international law and its
codification,

      Considering that successful codification and progressive
development of rules of international law regarding non-navigational
uses of international watercourses would assist in promoting and
implementing the purposes and principles set forth in Articles 1 and 2
of the Charter of the United Nations,

      Taking into account the problems affecting many international
watercourses resulting from, among other things, increasing demands
and pollution,

      Expressing the conviction that a framework convention will ensure
the utilization, development, conservation, management and protection
of international watercourses and the promotion of the optimal and
sustainable utilization thereof for present and future generations,

      Affirming the importance of international cooperation and good-
neighbourliness in this field,

      Aware of the special situation and needs of developing countries,

      Recalling the principles and recommendations adopted by the
United Nations Conference on Environment and Development of 1992 in
the Rio Declaration on Environment and Development 3/ and Agenda 21, 4/

      Recalling also the existing bilateral and multilateral agreements
regarding the non-navigational uses of international watercourses,

      Mindful of the valuable contribution of international
organizations, both governmental and non-governmental, to the
codification and progressive development of international law in this
field,

      Appreciative of the work carried out by the International Law
Commission on the law of the non-navigational uses of international
watercourses,

      Bearing in mind United Nations General Assembly resolution 49/52
of 9 December 1994,

      Have agreed as follows:


                             PART I.  INTRODUCTION

                                   Article 1

                        Scope of the present Convention

1.    The present Convention applies to uses of international
watercourses and of their waters for purposes other than navigation
and to measures of protection, preservation and management related to
the uses of those watercourses and their waters.

2.    The uses of international watercourses for navigation is not
within the scope of the present Convention except insofar as other
uses affect navigation or are affected by navigation.


                                   Article 2

                                 Use of terms

      For the purposes of the present Convention:

      (a)   "Watercourse" means a system of surface waters and
groundwaters constituting by virtue of their physical relationship a
unitary whole and normally flowing into a common terminus;

      (b)   "International watercourse" means a watercourse, parts of
which are situated in different States;

      (c)   "Watercourse State" means a State Party to the present
Convention in whose territory part of an international watercourse is
situated, or a Party that is a regional economic integration
organization, in the territory of one or more of whose Member States
part of an international watercourse is situated;

      (d)   "Regional economic integration organization" means an
organization constituted by sovereign States of a given region, to
which its member States have transferred competence in respect of
matters governed by the present Convention and which has been duly
authorized in accordance with its internal procedures, to sign,
ratify, accept, approve or accede to it.


                                   Article 3

                            Watercourse agreements

1.    In the absence of an agreement to the contrary, nothing in the
present Convention shall affect the rights or obligations of a
watercourse State arising from agreements in force for it on the date
on which it became a party to the present Convention.

2.    Notwithstanding the provisions of paragraph 1, parties to
agreements referred to in paragraph 1 may, where necessary, consider
harmonizing such agreements with the basic principles of the present
Convention.

3.    Watercourse States may enter into one or more agreements,
hereinafter referred to as "watercourse agreements", which apply and
adjust the provisions of the present Convention to the characteristics
and uses of a particular international watercourse or part thereof.

4.    Where a watercourse agreement is concluded between two or more
watercourse States, it shall define the waters to which it applies. 
Such an agreement may be entered into with respect to an entire
international watercourse or any part thereof or a particular project,
programme or use except insofar as the agreement adversely affects, to
a significant extent, the use by one or more other watercourse States
of the waters of the watercourse, without their express consent.

5.    Where a watercourse State considers that adjustment and
application of the provisions of the present Convention is required
because of the characteristics and uses of a particular international
watercourse, watercourse States shall consult with a view to
negotiating in good faith for the purpose of concluding a watercourse
agreement or agreements.

6.    Where some but not all watercourse States to a particular
international watercourse are parties to an agreement, nothing in such
agreement shall affect the rights or obligations under the present
Convention of watercourse States that are not parties to such an
agreement.


                                   Article 4

                       Parties to watercourse agreements

1.    Every watercourse State is entitled to participate in the
negotiation of and to become a party to any watercourse agreement that
applies to the entire international watercourse, as well as to
participate in any relevant consultations.

2.    A watercourse State whose use of an international watercourse may
be affected to a significant extent by the implementation of a
proposed watercourse agreement that applies only to a part of the
watercourse or to a particular project, programme or use is entitled
to participate in consultations on such an agreement and, where
appropriate, in the negotiation thereof in good faith with a view to
becoming a party thereto, to the extent that its use is thereby
affected.


                         PART II.  GENERAL PRINCIPLES

                                   Article 5

            Equitable and reasonable utilization and participation

1.    Watercourse States shall in their respective territories utilize
an international watercourse in an equitable and reasonable manner. 
In particular, an international watercourse shall be used and
developed by watercourse States with a view to attaining optimal and
sustainable utilization thereof and benefits therefrom, taking into
account the interests of the watercourse States concerned, consistent
with adequate protection of the watercourse.

2.    Watercourse States shall participate in the use, development and
protection of an international watercourse in an equitable and
reasonable manner.  Such participation includes both the right to
utilize the watercourse and the duty to cooperate in the protection
and development thereof, as provided in the present Convention.


                                   Article 6

           Factors relevant to equitable and reasonable utilization

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:

      (a)   Geographic, hydrographic, hydrological, climatic, ecological
and other factors of a natural character;

      (b)   The social and economic needs of the watercourse States
concerned;

      (c)   The population dependent on the watercourse in each
watercourse State;

      (d)   The effects of the use or uses of the watercourses in one
watercourse State on other watercourse States;

      (e)   Existing and potential uses of the watercourse;

      (f)   Conservation, protection, development and economy of use of
the water resources of the watercourse and the costs of measures taken
to that effect;

      (g)   The availability of alternatives, of comparable value, to a
particular planned or existing use.

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.

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.


                                   Article 7

                   Obligation not to cause significant harm

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.

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.


                                   Article 8

                        General obligation to cooperate

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.

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.


                                   Article 9

                   Regular exchange of data and information

1.    Pursuant to article 8, watercourse States shall on a regular
basis exchange readily available data and information on the condition
of the watercourse, in particular that of a hydrological,
meteorological, hydrogeological and ecological nature and related to
the water quality as well as related forecasts.

2.    If a watercourse State is requested by another watercourse State
to provide data or information that is not readily available, it shall
employ its best efforts to comply with the request but may condition
its compliance upon payment by the requesting State of the reasonable
costs of collecting and, where appropriate, processing such data or
information.

3.    Watercourse States shall employ their best efforts to collect
and, where appropriate, to process data and information in a manner
which facilitates its utilization by the other watercourse States to
which it is communicated.


                                  Article 10

                 Relationship between different kinds of uses

1.    In the absence of agreement or custom to the contrary, no use of
an international watercourse enjoys inherent priority over other uses.

2.    In the event of a conflict between uses of an international
watercourse, it shall be resolved with reference to articles 5 to 7,
with special regard being given to the requirements of vital human
needs.


                          PART III.  PLANNED MEASURES

                                  Article 11

                    Information concerning planned measures

      Watercourse States shall exchange information and consult each
other and, if necessary, negotiate on the possible effects of planned
measures on the condition of an international watercourse.


                                  Article 12

            Notification concerning planned measures with possible
                                adverse effects

      Before a watercourse State implements or permits the
implementation of planned measures which may have a significant
adverse effect upon other watercourse States, it shall provide those
States with timely notification thereof.  Such notification shall be
accompanied by available technical data and information, including the
results of any environmental impact assessment, in order to enable the
notified States to evaluate the possible effects of the planned
measures.


                                  Article 13

                       Period for reply to notification

      Unless otherwise agreed:

      (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;

      (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.


                                  Article 14

        Obligations of the notifying State during the period for reply

      During the period referred to in article 13, the notifying State:

      (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

      (b)   Shall not implement or permit the implementation of the
planned measures without the consent of the notified States.


                                  Article 15

                             Reply to notification

      The notified States shall communicate their findings to the
notifying State as early as possible within the period applicable
pursuant to article 13.  If a notified State finds that implementation
of the planned measures would be inconsistent with the provisions of
articles 5 or 7, it shall attach to its finding a documented
explanation setting forth the reasons for the finding.


                                  Article 16

                       Absence of reply to notification

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.

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.


                                  Article 17

          Consultations and negotiations concerning planned measures

1.    If a communication is made under article 15 that implementation
of the planned measures would be inconsistent with the provisions of
articles 5 or 7, the notifying State and the State making the
communication shall enter into consultations and, if necessary,
negotiations with a view to arriving at an equitable resolution of the
situation.

2.    The consultations and negotiations shall be conducted on the
basis that each State must in good faith pay reasonable regard to the
rights and legitimate interests of the other State.

3.    During the course of the consultations and negotiations, the
notifying State shall, if so requested by the notified State at the
time it makes the communication, refrain from implementing or
permitting the implementation of the planned measures for a period of
six months unless otherwise agreed.


                                  Article 18

                   Procedures in the absence of notification

1.    If a watercourse State has reasonable grounds to believe that
another watercourse State is planning measures that may have a
significant adverse effect upon it, the former State may request the
latter to apply the provisions of article 12.  The request shall be
accompanied by a documented explanation setting forth its grounds.

2.    In the event that the State planning the measures nevertheless
finds that it is not under an obligation to provide a notification
under article 12, it shall so inform the other State, providing a
documented explanation setting forth the reasons for such finding.  If
this finding does not satisfy the other State, the two States shall,
at the request of that other State, promptly enter into consultations
and negotiations in the manner indicated in paragraphs 1 and 2 of
article 17.

3.    During the course of the consultations and negotiations, the
State planning the measures shall, if so requested by the other State
at the time it requests the initiation of consultations and
negotiations, refrain from implementing or permitting the
implementation of those measures for a period of six months unless
otherwise agreed.


                                  Article 19

                   Urgent implementation of planned measures

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.

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.

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.


               PART IV.  PROTECTION, PRESERVATION AND MANAGEMENT

                                  Article 20

                   Protection and preservation of ecosystems

      Watercourse States shall, individually and, where appropriate,
jointly, protect and preserve the ecosystems of international
watercourses.


                                  Article 21

                Prevention, reduction and control of pollution

1.    For the purpose of this article, "pollution of an international
watercourse" means any detrimental alteration in the composition or
quality of the waters of an international watercourse which results
directly or indirectly from human conduct.

2.    Watercourse States shall, individually and, where appropriate,
jointly, prevent, reduce and control the pollution of an international
watercourse that may cause significant harm to other watercourse
States or to their environment, including harm to human health or
safety, to the use of the waters for any beneficial purpose or to the
living resources of the watercourse.  Watercourse States shall take
steps to harmonize their policies in this connection.

3.    Watercourse States shall, at the request of any of them, consult
with a view to arriving at mutually agreeable measures and methods to
prevent, reduce and control pollution of an international watercourse,
such as:

      (a)   Setting joint water quality objectives and criteria;

      (b)   Establishing techniques and practices to address pollution
from point and non-point sources;

      (c)   Establishing lists of substances the introduction of which
into the waters of an international watercourse is to be prohibited,
limited, investigated or monitored.


                                  Article 22

                     Introduction of alien or new species

      Watercourse States shall take all measures necessary to prevent
the introduction of species, alien or new, into an international
watercourse which may have effects detrimental to the ecosystem of the
watercourse resulting in significant harm to other watercourse States.


                                  Article 23

             Protection and preservation of the marine environment

      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.


                                  Article 24

                                  Management

1.    Watercourse States shall, at the request of any of them, enter
into consultations concerning the management of an international
watercourse, which may include the establishment of a joint management
mechanism.

2.    For the purposes of this article, "management" refers, in
particular, to:

      (a)   Planning the sustainable development of an international
watercourse and providing for the implementation of any plans adopted;
and

      (b)   Otherwise promoting the rational and optimal utilization,
protection and control of the watercourse.


                                  Article 25

                                  Regulation

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.

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.

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.


                                  Article 26

                                 Installations

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.

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:

      (a)   The safe operation and maintenance of installations,
facilities or other works related to an international watercourse; and

      (b)   The protection of installations, facilities or other works
from wilful or negligent acts or the forces of nature.


             PART V.  HARMFUL CONDITIONS AND EMERGENCY SITUATIONS

                                  Article 27

                Prevention and mitigation of harmful conditions

      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.


                                  Article 28

                             Emergency situations

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.

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.

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.

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.


                      PART VI.  MISCELLANEOUS PROVISIONS

                                  Article 29

            International watercourses and installations in time of
                                armed conflict

      International watercourses and related installations, facilities
and other works shall enjoy the protection accorded by the principles
and rules of international law applicable in international and
non-international armed conflict and shall not be used in violation of
those principles and rules.


                                  Article 30

                              Indirect procedures

      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.


                                  Article 31

          Data and information vital to national defence or security

      Nothing in the present Convention obliges a watercourse State to
provide data or information vital to its national defence or security. 
Nevertheless, that State shall cooperate in good faith with the other
watercourse States with a view to providing as much information as
possible under the circumstances.


                                  Article 32

                              Non-discrimination

      Unless the watercourse States concerned have agreed otherwise for
the protection of the interests of persons, natural or juridical, who
have suffered or are under a serious threat of suffering significant
transboundary harm as a result of activities related to an
international watercourse, a watercourse State shall not discriminate
on the basis of nationality or residence or place where the injury
occurred, in granting to such persons, in accordance with its legal
system, access to judicial or other procedures, or a right to claim
compensation or other relief in respect of significant harm caused by
such activities carried on in its territory.


                                  Article 33

                            Settlement of disputes

1.    In the event of a dispute between two or more Parties concerning
the interpretation or application of the present Convention, the
Parties concerned shall, in the absence of an applicable agreement
between them, seek a settlement of the dispute by peaceful means in
accordance with the following provisions.

2.    If the Parties concerned cannot reach agreement by negotiation
requested by one of them, they may jointly seek the good offices of,
or request mediation or conciliation by, a third party, or make use,
as appropriate, of any joint watercourse institutions that may have
been established by them or agree to submit the dispute to arbitration
or to the International Court of Justice.

3.    Subject to the operation of paragraph 10 of the present article,
if after six months from the time of the request for negotiations
referred to in paragraph 2, the Parties concerned have not been able
to settle their dispute through negotiation or any other means
referred to in paragraph 2, the dispute shall be submitted, at the
request of any of the parties to the dispute, to impartial fact-
finding in accordance with paragraphs 4 to 9, unless the Parties
otherwise agree.

4.    A Fact-finding Commission shall be established, composed of one
member nominated by each Party concerned and in addition a member not
having the nationality of any of the Parties concerned chosen by the
nominated members who shall serve as Chairman.

5.    If the members nominated by the Parties are unable to agree on a
Chairman within three months of the request for the establishment of
the Commission, any Party concerned may request the Secretary-General
of the United Nations to appoint the Chairman who shall not have the
nationality of any of the parties to the dispute or of any riparian
State of the watercourse concerned.  If one of the Parties fails to
nominate a member within three months of the initial request pursuant
to paragraph 3, any other Party concerned may request the Secretary-
General of the United Nations to appoint a person who shall not have
the nationality of any of the parties to the dispute or of any
riparian State of the watercourse concerned.  The person so appointed
shall constitute a single-member Commission.

6.    The Commission shall determine its own procedure.

7.    The Parties concerned have the obligation to provide the
Commission with such information as it may require and, on request, to
permit the Commission to have access to their respective territory and
to inspect any facilities, plant, equipment, construction or natural
feature relevant for the purpose of its inquiry.

8.    The Commission shall adopt its report by a majority vote, unless
it is a single-member Commission, and shall submit that report to the
Parties concerned setting forth its findings and the reasons therefor
and such recommendations as it deems appropriate for an equitable
solution of the dispute, which the Parties concerned shall consider in
good faith.

9.    The expenses of the Commission shall be borne equally by the
Parties concerned.

10.   When ratifying, accepting, approving or acceding to the present
Convention, or at any time thereafter, a Party which is not a regional
economic integration organization may declare in a written instrument
submitted to the Depositary that, in respect of any dispute not
resolved in accordance with paragraph 2, it recognizes as compulsory
ipso facto and without special agreement in relation to any Party
accepting the same obligation:

      (a)   Submission of the dispute to the International Court of
Justice; and/or

      (b)   Arbitration by an arbitral tribunal established and
operating, unless the parties to the dispute otherwise agreed, in
accordance with the procedure laid down in the appendix to the present
Convention.

A Party which is a regional economic integration organization may make
a declaration with like effect in relation to arbitration in
accordance with subparagraph (b).


                           PART VII.  FINAL CLAUSES

                                  Article 34

                                   Signature

      The present Convention shall be open for signature by all States
and by regional economic integration organizations from 21 May 1997
until 20 May 2000  at United Nations Headquarters in New York.


                                  Article 35

                Ratification, acceptance, approval or accession

1.    The present Convention is subject to ratification, acceptance,
approval or accession by States and by regional economic integration
organizations.  The instruments of ratification, acceptance, approval
or accession shall be deposited with the Secretary-General of the
United Nations.

2.    Any regional economic integration organization which becomes a
Party to the present Convention without any of its member States being
a Party shall be bound by all the obligations under the Convention. 
In the case of such organizations, one or more of whose member States
is a Party to the present  Convention, the organization and its member
States shall decide on their respective responsibilities for the
performance of their obligations under the present Convention.  In
such cases, the organization and the member States shall not be
entitled to exercise rights under the Convention concurrently.

3.    In their instruments of ratification, acceptance, approval or
accession, the regional economic integration organizations shall
declare the extent of their competence with respect to the matters
governed by the Convention.  These organizations shall also inform the
Secretary-General of the United Nations of any substantial
modification in the extent of their competence.


                                  Article 36

                               Entry into force

1.    The present Convention shall enter into force on the ninetieth
day following the date of deposit of the thirty-fifth instrument of
ratification, acceptance, approval or accession with the Secretary-
General of the United Nations.

2.    For each State or regional economic integration organization that
ratifies, accepts or approves the Convention or accedes thereto after
the deposit of the thirty-fifth instrument of ratification,
acceptance, approval or accession, the Convention shall enter into
force on the ninetieth day after the deposit by such State or regional
economic integration organization of its instrument of ratification,
acceptance, approval or accession.

3.    For the purposes of paragraphs 1 and 2, any instrument deposited
by a regional economic integration organization shall not be counted
as additional to those deposited by States.


                                  Article 37

                                Authentic texts

      The original of the present Convention, of which the Arabic,
Chinese, English, French, Russian and Spanish texts are equally
authentic, shall be deposited with the Secretary-General of the United
Nations.


      IN WITNESS WHEREOF the undersigned plenipotentiaries, being duly
authorized thereto, have signed the present Convention.


      DONE at New York, this _____ day of ________ one thousand nine
hundred and ninety-seven.


                                   APPENDIX

                                  Arbitration

                                   Article 1

      Unless the parties to the dispute otherwise agree, the
arbitration pursuant to article 33 of the Convention shall take place
in accordance with articles 2 to 14 of the present appendix.


                                   Article 2

      The claimant party shall notify the respondent party that it is
referring a dispute to arbitration pursuant to article 33 of the
Convention.  The notification shall state the subject matter of
arbitration and include, in particular, the articles of the
Convention, the interpretation or application of which are at issue. 
If the parties do not agree on the subject matter of the dispute, the
arbitral tribunal shall determine the subject matter.


                                   Article 3

1.    In disputes between two parties, the arbitral tribunal shall
consist of three members.  Each of the parties to the dispute shall
appoint an arbitrator and the two arbitrators so appointed shall
designate by common agreement the third arbitrator, who shall be the
Chairman of the tribunal.  The latter shall not be a national of one
of the parties to the dispute or of any riparian State of the
watercourse concerned, nor have his or her usual place of residence in
the territory of one of these parties or such riparian State, nor have
dealt with the case in any other capacity.

2.    In disputes between more than two parties, parties in the same
interest shall appoint one arbitrator jointly by agreement.

3.    Any vacancy shall be filled in the manner prescribed for the
initial appointment.


                                   Article 4

1.    If the Chairman of the arbitral tribunal has not been designated
within two months of the appointment of the second arbitrator, the
President of the International Court of Justice shall, at the request
of a party, designate the Chairman within a further two-month period.

2.    If one of the parties to the dispute does not appoint an
arbitrator within two months of receipt of the request, the other
party may inform the President of the International Court of Justice,
who shall make the designation within a further two-month period.


                                   Article 5

      The arbitral tribunal shall render its decisions in accordance
with the provisions of the Convention and international law.


                                   Article 6

      Unless the parties to the dispute otherwise agree, the arbitral
tribunal shall determine its own rules of procedure.


                                   Article 7

      The arbitral tribunal may, at the request of one of the Parties,
recommend essential interim measures of protection.


                                   Article 8

1.    The parties to the dispute shall facilitate the work of the
arbitral tribunal and, in particular, using all means at their
disposal, shall:

      (a)   Provide it with all relevant documents, information and
facilities; and 

      (b)   Enable it, when necessary, to call witnesses or experts and
receive their evidence.

2.    The parties and the arbitrators are under an obligation to
protect the confidentiality of any information they receive in
confidence during the proceedings of the arbitral tribunal.


                                   Article 9

      Unless the arbitral tribunal determines otherwise because of the
particular circumstances of the case, the costs of the tribunal shall
be borne by the parties to the dispute in equal shares.  The tribunal
shall keep a record of all its costs, and shall furnish a final
statement thereof to the parties.


                                  Article 10

      Any party that has an interest of a legal nature in the subject
matter of the dispute which may be affected by the decision in the
case, may intervene in the proceedings with the consent of the
arbitral tribunal.


                                  Article 11

      The arbitral tribunal may hear and determine counterclaims
arising directly out of the subject matter of the dispute.


                                  Article 12

      Decisions both on procedure and substance of the arbitral
tribunal shall be taken by a majority vote of its members.


                                  Article 13

      If one of the parties to the dispute does not appear before the
arbitral tribunal or fails to defend its case, the other party may
request the tribunal to continue the proceedings and to make its
award.  Absence of a party or a failure of a party to defend its case
shall not constitute a bar to the proceedings.  Before rendering its
final decision, the arbitral tribunal must satisfy itself that the
claim is well founded in fact and law.


                                  Article 14

1.    The arbitral tribunal shall render its final decision within five
months of the date on which it is fully constituted unless it finds it
necessary to extend the time limit for a period which should not
exceed five more months.

2.    The final decision of the arbitral tribunal shall be confined to
the subject matter of the dispute and shall state the reasons on which
it is based.  It shall contain the names of the members who have
participated and the date of the final decision.  Any member of the
tribunal may attach a separate or dissenting opinion to the final
decision.

3.    The award shall be binding on the parties to the dispute.  It
shall be without appeal unless the parties to the dispute have agreed
in advance to an appellate procedure.

4.    Any controversy which may arise between the parties to the
dispute as regards the interpretation or manner of implementation of
the final decision may be submitted by either party for decision to
the arbitral tribunal which rendered it.


                                     Notes

1/    Official Records of the General Assembly, Forty-ninth Session,
Supplement No. 10 (A/49/10).

2/    A/51/869.

3/    Report of the United Nations Conference on Environment and
Development, Rio de Janeiro, 3-14 June 1992 (A/CONF.151/26/Rev.1 (Vol.
I and Vol. I/Corr.1, Vol. II, Vol. III and Vol. III/Corr.1)) (United
Nations publication, Sales No. E.93.I.8 and corrigenda), vol. I:
Resolutions Adopted by the Conference, resolution 1, annex I.

4/    Ibid., annex II.
 

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Date last posted: 10 January 2000 10:55:20
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