AN ASSESSMENT OF RECENT DEVELOPMENTS IN INTERNATIONAL WATERCOURSE LAWTHROUGH THE PRISM OF THE SUBSTANTIVE RULES GOVERNING USE ALLOCATION

This paper examines recent developments in the law relating to the non -navigational uses of international watercourses. More specifically, t he substantive rules that govern watercourse use-the principles of equ itable utilization and no harm-are considered in two lights: as they h ave been developed by the International Law Commission in its Draft Ar ticles on the Non-Navigational Uses of international Watercources, and as they are reflected in current stare practice. The author concludes that the work of the ILC does not concur with state practice and sugg ests that Article 7 of the ILC Draft be reconsidered.