The 1997 UN Watercourses Convention is often criticized as being too vague for practical application, particularly with regard to the principle of equitable and reasonable utilization.
However, this perception fails to appreciate the 1997 UN Watercourses Convention, which codifies the rules of customary international law governing the non-navigational uses of international watercourses.
The Convention establishes an integrated legal framework for its States Parties. It requires them to apply the principle of equitable and reasonable utilization (Article 5) in conjunction with the obligation not to cause significant harm (Article 7), while giving due regard to meeting vital human needs (Article 10).
Furthermore, Article 6 sets out the relevant factors and circumstances that must be considered as a whole. Their relative importance depends on the specific characteristics of each watercourse and the circumstances of the riparian States concerned.
Accordingly, the 1997 Convention provides a structured legal framework that enables States Parties to apply the principle of equitable and reasonable utilization across diverse river basins through the combined operation of Articles 5, 6, 7, and 10, while accommodating their varying hydrological, social, economic, and environmental conditions.
The real challenge, therefore, is not the Convention itself, but developing practical methodologies that translate its legal standards into transparent tools.