Статус Конвенции о праве несудоходных видов использования международных водотоков (Нью-Йорк, 21 мая 1997 года) [рус., англ.]

(по состоянию на 29 октября 2026 года)

Вступление в силу: 17.08.2014

CONVENTION ON THE LAW OF THE NON-NAVIGATIONAL USES OF INTERNATIONAL WATERCOURSES

Status as at: 29-10-2026

Entry into force: 17 August 2014, in accordance with article 36(1).

Registration: 17 August 2014, No. 52106

Status: Signatories: 16. Parties: 43. <1>

Text: Certified true copy

United Nations, Treaty Series, vol. 2999, p. 77. Doc. A/51/869. C.N.353.2008.TREATIES-1 of 6 May 2008 (Proposal of corrections to the original text of the Convention (Arabic version) and to the Certified True Copies) and C.N.675.2008.TREATIES-2 of 24 September 2008 (corrections).

Note: By resolution A/RES/51/229 of 21 May 1997, the General Assembly of the United Nations adopted at its 51 session, the said Convention. In accordance with its article 34, the Convention shall be open for signature at the Headquarters of the United Nations in New York, on 21 May 1997 and will remain open to all States and regional economic integration organizations for signature until 21 May 2000.

DECLARATIONS AND RESERVATIONS

(Unless otherwise indicated, the declarations and reservations were made upon ratification, acceptance, approval or accession.)

Botswana

Declaration made upon accession:

«...for purposes of Article 33(10) of the Convention, the Republic of Botswana declares that for any dispute not resolved in accordance with Article 33(2), it recognises as compulsory ipso facto, and without any special agreement in relation to any party accepting the same obligation, the submission of the dispute to the International Court of Justice; and/or Arbitration by an arbitral tribunal established in accordance with the procedure set out in the Annex to the Convention.»

Denmark

Territorial Exclusion

Until further notice, the Convention shall not apply to the Faroe Islands and Greenland.

Hungary

Declaration:

«The Government of the Republic of Hungary declares itself bound by either of the two means for the settlement of disputes (International Court of Justice, arbitration), reserving its right to agree on the competent body of jurisdiction, as the case may be.»

Malawi

Declaration:

«1. The Republic of Malawi understands and declares that the provisions of the Convention, including those concerning equitable and reasonable utilisation (Articles 5 — 6), the no-harm rule (Article 7), the obligation to notify (Article 12), and the duty to cooperate (Article 8), are procedural and substantive obligations that govern the exercise of Malawi's sovereign rights over its internationally shared watercourses. These obligations shall not be construed as qualifying, diminishing, or otherwise affecting the territorial sovereignty of Malawi over any watercourse, lake, or water body situated within Malawian territory, including Lake Malawi.»

2. The Republic of Malawi declares that nothing in the Convention, including the definition of «international watercourse» in Article 2, shall be interpreted as implying any determination on the question of boundary delimitation of Lake Malawi or any other water body adjacent to an international boundary. Malawi's participation in any notification, consultation, or data-sharing process under the Convention with respect to Lake Malawi shall be without prejudice to its territorial and boundary positions in relation to that lake, and shall not constitute an admission or waiver of any kind in respect of those positions.

3. The Republic of Malawi further declares that the reference in Article 5(2) of the Convention to «participation» of watercourse States in the use, development, and protection of an international watercourse shall be understood as participation on the basis of Malawi's sovereignty and sovereign rights within its territory, and shall not be construed as conferring on any other State any rights over waters, the bed, or the subsoil of Lake Malawi beyond what is recognised under applicable bilateral arrangements and international law.

4. The Republic of Malawi notes that, in accordance with Article 3 of the Convention, this Declaration supplements and is consistent with any applicable bilateral watercourse agreement to which Malawi is or may become a party, and that the principles of this Declaration shall apply mutatis mutandis to any framework agreement or joint management mechanism established pursuant to the Convention in relation to Lake Malawi or any other internationally shared water body.

5. This Declaration is made in a spirit of cooperation and in recognition of Malawi's commitment to the peaceful, equitable, and sustainable management of its shared water resources, and shall in no way be construed as a hostile or contentious act towards any co-riparian State. Malawi affirms its readiness to engage constructively with all co-riparian States under the Convention, on the basis of mutual respect for territorial integrity and sovereign equality.»

Montenegro

Declaration

«Montenegro declares that in respect of any dispute not resolved in accordance with Article 33 paragraph 2 of the said Convention, Montenegro recognizes as compulsory ipso facto, and without special agreement in relationship to any party accepting the same obligation:»

1. Submission of the dispute to the International Court of Justice; and/or

2. Arbitration by an arbitral tribunal established and operating, unless the parties to the dispute otherwise agreed, in accordance with the procedure laid down in the annex to the present Convention.»

Netherlands (Kingdom of the)

17 February 2010

Declaration:

«The Kingdom of the Netherlands declares, in accordance with paragraph 10 of Article 33 of the United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses, that it accepts both means of dispute settlement referred to in that paragraph as compulsory in relation to any Party accepting one or both means of dispute settlement.»

Syrian Arab Republic

Reservation:

The acceptance by the Syrian Arab Republic of this Convention and its ratification by the Government shall not under any circumstances be taken to imply recognition of Israel and shall not lead to its entering into relations therewith that are governed by its provisions.

Viet Nam

Reservation:

«The Socialist Republic of Viet Nam reserves the right to choose the appropriate means of dispute settlement notwithstanding the decision of the other party to the concerned dispute.»

Objections (Unless otherwise indicated, the objections were made upon ratification, acceptance approval or accession.)

Israel

15 July 1998

In regard to the reservation made by the Syrian Arab Republic upon ratification:

«In view of the Government of the State of Israel such reservation, which is explicitly of a political nature, is incompatible with the purposes and objectives of this Convention and cannot in any way affect whatever obligations are binding upon the Syrian Arab Republic under general international treaty law or under particular conventions. The Government of the State of Israel will, in so far as concerns the substance of the matter, adopt towards the Syrian Arab Republic an attitude of complete reciprocity.»