The 1997 United Nations Convention on International Watercourses

1998 ◽  
Vol 92 (1) ◽  
pp. 97-107 ◽  
Author(s):  
Stephen C. McCaffrey ◽  
Mpazi Sinjela
Keyword(s):  
United Nations ◽  
Working Group ◽  
General Assembly ◽  
Emergency Situations ◽  
United Nations General ◽  
The Subject ◽  
United Nations General Assembly ◽  
United Nations Convention ◽  
The United Nations ◽  
International Law Commission

The Convention on the Law of the Non-Navigational Uses of International Watercourses was adopted by the United Nations General Assembly on May 21, 1997. It was negotiated in the Sixth (Legal) Committee of the General Assembly, convening for this purpose as a “Working Group of the Whole,” on the basis of draft articles adopted by the International Law Commission (ILC). The negotiations in the working group were open to participation by all UN member states, as well as states that are members of specialized agencies of the United Nations. The Convention is divided into seven parts containing thirty-seven articles: Introduction; General Principles; Planned Measures; Protection, Preservation and Management; Harmful Conditions and Emergency Situations; Miscellaneous Provisions; and Final Clauses. An annex sets forth procedures to be used in the event the parties to a dispute have agreed to submit it to arbitration. This Note will focus on key provisions of the Convention and on those that were the subject of controversy during the working group’s deliberations. It assumes that the reader has access to the text.

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

1997 ◽  
Vol 10 (3) ◽  
pp. 501-508 ◽  
Author(s):  
Malgosia Fitzmaurice
Keyword(s):  
United Nations ◽  
International Law ◽  
Working Group ◽  
General Assembly ◽  
United Nations General ◽  
United Nations General Assembly ◽  
The United Nations ◽  
The Law ◽  
International Law Commission ◽  
Final Text

On 11 April 1997, the text of the Convention on the Law of the Non-Navigational Uses of International Watercourses was presented by the Working Group of the Whole (WG) of the United Nations General Assembly Sixth Committee to the United Nations General Assembly (UNGA). This Convention is based on the 1994 Draft Articles on the same topic prepared by the International Law Commission (ILC). These Draft Articles were approved on second reading by the ILC during its 46th session in 1994 and subsequently submitted to the 49th session of the UNGA in 1994 for consideration by states. By its Resolution 49/52, the UNGA invited states to present written submissions to comment on the Draft Articles and at the same time it proposed that a working group on the whole of the UNGA Sixth Committee be established to convene during the 51st session of UNGA (September-December 1996) to elaborate the text for a convention. During its first session, the WG did not manage to accomplish this task. The final text submitted to the UNGA on 11 April 1997 was the result of the second session of the WG which had deliberated during the period from 24 March to 4 April 1997.

scholarly journals The Outcome of the Negotiations on the Global Pact for the Environment: A Commentary

2020 ◽  
Vol 12 (3) ◽  
pp. 877 ◽  
Author(s):  
Géraud de Lassus St-Geniès
Keyword(s):  
United Nations ◽  
Working Group ◽  
Environmental Law ◽  
General Assembly ◽  
International Environmental Law ◽  
United Nations General ◽  
Critical Commentary ◽  
Treaty Negotiations ◽  
United Nations General Assembly ◽  
The United Nations

In May 2018, the United Nations General Assembly adopted the resolution “Towards a Global Pact for the Environment”. This resolution established an intergovernmental working group to discuss the opportunity to open treaty negotiations to codify the fundamental principles of international environmental law into a treaty dubbed the Global Pact for the Environment. In May 2019, the intergovernmental working group completed its mandate and adopted a set of recommendations that were formally endorsed by the United Nations General Assembly in August 2019. Contrarily to what the supporters of the Global Pact for the Environment project had hoped for, the working group only recommended the preparation of a “political declaration” without referring to the codification of the principles of international environmental law. This paper offers a critical commentary of the outcome of these negotiations. The analysis suggests that the decision to elaborate a Global Pact for the Environment would have entailed considerable risks for international environmental law and that if adopted, this instrument would not have necessarily helped to increase the problem-solving capacity of international environmental law. Based on the language used in the recommendation to prepare a “political declaration”, the paper also discusses some of the key elements that could shape and inform the upcoming negotiations of this declaration.

Introduction and Overview

2002 ◽  
Vol 96 (4) ◽  
pp. 773-791 ◽  
Author(s):  
Daniel Bodansky ◽  
John R. Crook
Keyword(s):  
United Nations ◽  
International Law ◽  
General Assembly ◽  
United Nations General ◽  
United Nations General Assembly ◽  
The United Nations ◽  
International Law Commission ◽  
Law Commission

In August 2001, the International Law Commission (ILC) adopted its “Draft Articles on the Responsibility of States for Internationally Wrongful Acts,” bringing to completion one of the Commission’s longest running and most controversial studies. On December 12, 2001, the United Nations General Assembly adopted Resolution 56/83, which “commend [ed the articles] to the attention of Governments without prejudice to the question of their future adoption or other appropriate action.”

United Nations Convention on Transparency in Treaty-based Investor-State Arbitration

2015 ◽  
Vol 54 (4) ◽  
pp. 747-757 ◽  
Author(s):  
Neale H. Bergman
Keyword(s):  
International Trade ◽  
United Nations ◽  
General Assembly ◽  
Efficient Mechanism ◽  
Trade Law ◽  
International Trade Law ◽  
United Nations General ◽  
United Nations General Assembly ◽  
United Nations Convention ◽  
The United Nations

On December 10, 2014, the United Nations General Assembly adopted the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration, also known as the Mauritius Convention on Transparency, which was prepared by the United Nations Commission on International Trade Law (UNCITRAL). The Mauritius Convention is intended to provide states with an efficient mechanism for applying the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (Transparency Rules) in investor-state arbitrations arising under investment treaties concluded before the Transparency Rules’ effective date of April 1, 2014. The Mauritius Convention was opened for signature on March 17, 2015, in Port Louis, Mauritius.

The UN Body of Principles for the Protection of Detained or Imprisoned Persons

1990 ◽  
Vol 84 (2) ◽  
pp. 578-586 ◽  
Author(s):  
Tullio Treves
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Working Group ◽  
General Assembly ◽  
United Nations General ◽  
United Nations General Assembly ◽  
The United Nations

On December 9, 1988, the United Nations General Assembly adopted, without a vote, a “Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment.” The preparation of this text was started in 1976 within the Sub-Commission on Prevention of Discrimination and Protection of Minorities of the Commission on Human Rights. On the basis of a project prepared by Mr. Erik Nettel of Austria, the Sub-Commission approved a Draft Body of Principles in 1978. After being submitted to the General Assembly’s Third Committee, it was referred to a working group, which considered it in 1980 but could not complete its task. The item was then moved to the Sixth Committee, which entrusted it to an open-ended working group. This working group met during every session of the General Assembly from 1981 until 1988, and slowly progressed toward the completion of its task.

ICRC contacts with the United Nations International Law Commission

1986 ◽  
Vol 26 (253) ◽  
pp. 213-216
Keyword(s):  
United Nations ◽  
International Law ◽  
General Assembly ◽  
Progressive Development ◽  
United Nations General ◽  
United Nations General Assembly ◽  
The United Nations ◽  
International Law Commission ◽  
Regular Contact ◽  
Law Commission

Since 1981, the ICRC has maintained regular contact with the United Nations International Law Commission, a subsidiary body of the United Nations General Assembly. The Commission is composed of 34 members, elected from among the most eminent representatives of all the world's legal systems. Its mandate under the UN Charter is to work for the codification and progressive development of international law.

Part IV Fundamental Rights and Obligations, 8 Introduction: The 1997 United Nations Convention and its Precursors

2019 ◽  
Author(s):  
McCaffrey Stephen C
Keyword(s):  
United Nations ◽  
International Law ◽  
Fundamental Rights ◽  
General Assembly ◽  
Progressive Development ◽  
United Nations General ◽  
United Nations General Assembly ◽  
United Nations Convention ◽  
International Law Commission ◽  
Law Commission

This chapter discusses the 1997 United Nations Watercourses Convention. The Convention on the Law of the Non-Navigational Uses of International Watercourses was adopted by the United Nations General Assembly on May 21, 1997 and entered into force on August 17, 2014. The UN Watercourses Convention represents an effort by the international community to reflect the general principles and rules of international law governing the use by states of shared freshwater resources, except for principles and rules concerning navigation. The working document on the basis of which the Convention was negotiated was the result of twenty years’ work by the International Law Commission, a subsidiary organ of the General Assembly charged with “the progressive development of international law and its codification.” The chapter then provides an overview of the provision of the Convention.

scholarly journals The Creation of a Review Mechanism for the UN Convention Against Transnational Organized Crime and Its Protocols

2020 ◽  
Vol 114 (1) ◽  
pp. 51-67
Author(s):  
Cecily Rose
Keyword(s):  
United Nations ◽  
Organized Crime ◽  
Substantial Contribution ◽  
General Assembly ◽  
Transnational Organized Crime ◽  
United Nations General ◽  
Migrant Smuggling ◽  
United Nations General Assembly ◽  
United Nations Convention ◽  
The United Nations

In November 2000, the United Nations General Assembly adopted the United Nations Convention Against Transnational Organized Crime (UNTOC or Convention) and its three protocols on human trafficking, migrant smuggling, and firearms. These instruments are the product of three years of diplomatic negotiations, and they represent a substantial contribution to international lawmaking in the area of transnational criminal law. UNTOC has attracted almost universal participation, with 190 states parties at present. Nearly two decades after the adoption of these instruments, however, remarkably little is known about whether states parties have implemented UNTOC and its protocols in their national legislation, whether they enforce such legislation, and whether they make use of UNTOC's provisions concerning international cooperation (e.g., extradition and mutual legal assistance). In other words, the influence of these instruments in practice remains largely unknown.

scholarly journals Delegating diplomacy: rhetoric across agents in the United Nations General Assembly

2021 ◽  
pp. 002085232199756
Author(s):  
Julia Gray ◽  
Alex Baturo
Keyword(s):  
United Nations ◽  
International Organizations ◽  
General Assembly ◽  
Government Officials ◽  
United Nations General ◽  
Different Types ◽  
Single Voice ◽  
United Nations General Assembly ◽  
The United Nations ◽  
Career Incentives

When political principals send agents to international organizations, those agents are often assumed to speak in a single voice. Yet, various types of country representatives appear on the international stage, including permanent representatives as well as more overtly “political” government officials. We argue that permanent delegates at the United Nations face career incentives that align them with the bureaucracy, setting them apart from political delegates. To that end, they tend to speak more homogeneously than do other types of speakers, while also using relatively more technical, diplomatic rhetoric. In addition, career incentives will make them more reluctant to criticize the United Nations. In other words, permanent representatives speak more like bureaucratic agents than like political principals. We apply text analytics to study differences across agents’ rhetoric at the United Nations General Assembly. We demonstrate marked distinctions between the speech of different types of agents, contradictory to conventional assumptions, with implications for our understandings of the interplay between public administration and agency at international organizations. Points for practitioners Delegations to international organizations do not “speak with one voice.” This article illustrates that permanent representatives to the United Nations display more characteristics of bureaucratic culture than do other delegates from the same country. For practitioners, it is important to realize that the manner in which certain classes of international actors “conduct business” can differ markedly. These differences in tone—even among delegates from the same principal—can impact the process of negotiation and debate.

Sign in / Sign up

Export Citation Format

Share Document