Convention on the Law of the Non-navigational Uses of International Watercourses (signed in 1997) entered into force on August 17st 2014. However, negotiations for the adoption of this Convention began in 1970 at the UN Commission on International Law.
That is, 44 years before the entry into force of the Convention, although it only required 35 States to ratify it. In this paper, I reflect on the alleged universality of this Convention, once of these 35 countries, the majority are member states of the European Union, where what is applied is the Water Framework Directive. This Directive is not based on “AngloAmerican common law of riparian rights”. But, paradoxically, the countries that based their Water Law on those referred “riparian rights” and who were the main promoters of the Convention (such as the US and Canada) have not yet ratified it.
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