Abstract

In 1994, the International Law Commission (ILC) adopted the Draft Articles on the Law of the Non-Navigational Uses of International Watercourses. Having been favourably reviewed by the General Assembly of the United Nations, these Articles now form the negotiating text for a global treaty on international water law. The fate of this treaty remains uncertain. But irrespective of the results of the negotiations, the text formulated by the ILC may become an authoritative source of citations for States, scholars and other actors involved in disputes over water scarcity, and is therefore likely to have a determinative influence on the development of international water law. For this reason a critical examination of the ILC Articles is imperative.

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