6 Biodiversity Convention: Rules of International Law Applicable in the Relations between the Parties

Abstract

This chapter undertakes an assessment of Article 8(a) and (d) of the Biodiversity Convention, identified as relevant to the interpretation of Article 20 of the 1997 Watercourses Convention, through the conceptual framework of an interactional understanding of international law. The shared understandings obtained by the Contracting Parties are ascertained to have satisfied the criteria of legality strengthens the legality of the Article 8(a) and (d), and proved that the Article satisfied the requirement of legality imposed by the phrase rule of international law' in Article 31(3)(c). The outcome of the examination of the shared legal understanding undertaken in a practice of legality implicit to Article 8(a) and (d) provides the normative substance required in interpreting the salient phrase of 'applicable in the relations between the parties'. The outcome of the analysis as demonstrated in the chapter confirms that Article 8(a) and (d) is a 'rule of international law'.Keywords: Biodiversity Convention; criteria of legality; practice of legality; relations between the parties; rules of international law; shared understandings; Watercourses Convention