Montenegro Becomes 31st State to Join UN Watercourses Convention

On Dec. 8, 1970, the UN General Assembly adopted a resolution recommending that the International Law Commission (ILC) commence a study of non-navigational uses of international watercourses.”
 
Preparing draft articles from 1991-1994, the ILC adopted the expression “international watercourses,” which included surface waters, tributaries and groundwater that are hydrologically connected with surface water.
 
The United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses, which the ILC had been working on since 1970, was adopted by 103 votes in favor to three against (Turkey, China and Burundi) with 27 abstentions by the UN General Assembly on May 21, 1997. However, it has not entered into force as it has not yet been ratified by all 35 states. It took 27 years to prepare the 1997 UN Convention on the Law of the Non-Navigational Uses of International Watercourses. The difficulties regarding hydrological inconsistencies and legal adjustments are mentioned within the framework of the convention. Significant principles, collaboration and joint management responsibilities, required for cooperation, are also noted.
 
The convention serves as a guide for states about conflicts over future supplies. Also, the convention seeks to institutionalize relations between upstream and downstream riparian states through the principle of “equitable and reasonable utilization” in Article 5 and the principle of “prevention of significant harm” in Article 7 of the convention. Within the framework of equitable and reasonable utilization, riparian states are to participate in the use, development and protection of an international watercourse in an equitable and reasonable manner.
 
In Article 6 of the convention, utilization of an international watercourse in an equitable and reasonable manner requires taking into account seven relevant factors and circumstances, which are as follows: geographic, hydrographic, hydrological, climatic, ecological and other factors of a natural character; the social and economic needs of the watercourse states concerned; the population dependent on the watercourse in each watercourse state; the effects of the use or uses of the watercourses in one watercourse state on other watercourse states; existing and potential uses of the watercourse; conservation, protection, development and economy of use of the water resources of the watercourse and the costs of measures taken to that effect; and the availability of alternatives, of comparable value, to a particular planned or existing use.
 
Watercourse states shall, in utilizing an international watercourse in their territories, take all appropriate measures to prevent causing significant harm to other watercourse states. Where significant harm is caused to another watercourse state, the states whose use causes such harm shall, in the absence of an agreement for such use, take all appropriate measures with 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.
 
As mentioned above, Turkey voted against and thus is not a party to the convention. Turkey did not sign the convention because of Article 5 -- equitable and reasonable utilization, Article 7 -- obligation not to cause significant harm, Articles 16-23 -- obligation to provide notification and Article 33 -- settlement of disputes.
 
It is observed that there has been a rapid increase in the number of countries having approved the convention recently, which requires ratification by 35 countries for its entry into force. Following Niger's acceptance of the convention in February 2013, Montenegro became the 31st party to the UN Watercourses Convention on Sept. 24, 2013. In the coming period, Gambia, Ivory Coast, Senegal, the United Kingdom and Ireland are expected to ratify the convention. 
 
The 1997 UN convention, aiming to protect and preserve international watercourses and develop international law and which is expected to enter into force through the ratification and accession of 35 countries, would not create a problem for Turkey in terms of legal sanctions since it is not a party to the convention. While Iraq, our riparian neighbor of the Euphrates and Tigris basin, became a party to the convention, Syria made reservations about the ratification regarding Israel. Frequently criticizing upstream riparian Turkey's water policies, Iraq will continue to criticize on the basis of the convention after its entry into force.