Chapter IV. Treaties concerning international law concluded under the auspices of the United Nations and related intergovernmental organizations

Summary

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A. Treaties concerning international law concluded under the auspices of the United Nations

1. Convention on the Law of the Non-Navigational Uses of International Watercourses. Done at New York, 21 May 1997 220

2. Agreement on the Privileges and Immunities of the International Tribunal for the Law of the Sea. Done at New York, 23 May 1997 235

3. Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction. Done at Oslo, 18 September 1997 246

4. Kyoto Protocol to the United Nations Framework Convention on Climate Change. Done at Kyoto, Japan, 11 December 1997 258

5. International Convention for the Suppression of Terrorist Bombings. Done at New York, 15 December 1997 277

B. Treaties concerning international law concluded under the auspices of intergovernmental organizations related to the United Nations

1. Food and Agriculture Organization of the United Nations International Plant Protection Convention. Approved by the FAO Conference at its 29th session, November 1997 286

2. International Maritime Organization Protocol of 1997 to amend the International Convention for the Prevention of Pollution from Ships, 1993, as modified by the Protocol of 1978 relating thereto. Done at London on 26 September 1997 300

3. International Atomic Energy Agency

(a) Protocol to amend the Vienna Convention on Civil Liability for Nuclear Damage. Done at Vienna on 12 September 1997

(b) Convention on Supplementary Compensation for Nuclear Damage. Done at Vienna on 12 September 1997

(c) Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management. Done at Vienna on 29 September 1997

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Chapter IV. Treaties concerning international law concluded under the auspices of the United Nations and related intergovernmental organizations

TREATIES CONCERNING INTERNATIONAL LAW CONCLUDED UNDER THE AUSPICES OF THE UNITED NATIONS AND RELATED INTERGOVERNMENTAL ORGANIZATIONS

A. Treaties concerning international law concluded under the auspices of the United Nations

1. CONVENTION ON THE LAW OF THE NON-NAVIGATIONAL USES OF INTERNATIONAL WATERCOURSES.1 DONE AT NEW YORK, 21 MAY 19972

The Parties to the present Convention,

Conscious of the importance of international watercourses and the nonnavigational 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 water-courses 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-neighbour-liness 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 Decla-ration and Agenda 21,

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 this 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, program...

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