The International Law Commission's First Ten Draft Articles on the Law of the Non-Navigational Uses of International Watercourses: Do they Adequately Address all the Major Issues of Water Usage in the Middle East?

Authors

Kevin P. Scanlan

Abstract

This Note argues that the first ten articles of the ILC's Draft Articles constitute a significant initial step in solving Middle Eastern water problems. This Note further argues that the ILC's failure to include provisions regulating the use of groundwater render the Draft Articles an incomplete framework for Middle Eastern states to rely upon when framing their own agreements. Part I discusses the historical significance of water, both economically and as a means of sustenance, and its effects on political relations between states that share a water source. Part I also examines the current supply of water in the Middle East and notes the political divisiveness resulting from water scarcity. Part II presents the Draft Articles and analyzes their application to watercourse states. Part III argues that, although the Draft Articles inadequately address a major concern of Middle Eastern states, the ILC's effort codifies the general principles of international water law, and will assist Middle Eastern states in solving their problems surrounding water use. This Note concludes that the General Assembly's failure to approve the Draft Articles would generate turmoil in the Middle East, inducing Middle Eastern states to abandon the peace process and revert to squabbling over water rights.

Recommended Citation

Kevin P. Scanlan, The International Law Commission's First Ten Draft Articles on the Law of the Non-Navigational Uses of International Watercourses: Do they Adequately Address all the Major Issues of Water Usage in the Middle East?, 19 Fordham Int'l L.J. 2180 (1995).
Available at: https://ir.lawnet.fordham.edu/ilj/vol19/iss5/15