Статус Конвенции по охране и использованию трансграничных водотоков и международных озер (Хельсинки, 17 марта 1992 года) [рус., англ.]

[неофициальный перевод]

СТАТУС КОНВЕНЦИИ ПО ОХРАНЕ И ИСПОЛЬЗОВАНИЮ ТРАНСГРАНИЧНЫХ ВОДОТОКОВ И МЕЖДУНАРОДНЫХ ОЗЕР (ХЕЛЬСИНКИ, 17 МАРТА 1992 ГОДА)

(по состоянию на 29 октября 2026 года)

Вступление в силу: 06.10.1996

CONVENTION ON THE PROTECTION AND USE OF TRANSBOUNDARY WATERCOURSES AND INTERNATIONAL LAKES

Helsinki, 17 March 1992

Status as at: 29-10-2026

Entry into force: 6 October 1996, in accordance with article 26(1).

Registration: 6 October 1996, No. 33207

Status: Signatories: 26. Parties: 61. <1>

Text: Certified true copy

United Nations, Treaty Series, vol. 1936, p. 269.

Note: The Convention was adopted by the Senior Advisers to the Economic Commission for Europe Governments on Environmental and Water Problems at their Resumed Fifth Session held at Helsinki from 17 to 18 March 1992. The Convention was opened for signature at Helsinki from 17 to 18 March 1992 and was open for signature at United Nations Headquarters in New York until 18 September 1992.

Amendments to Articles 25 and 26 of the Convention entered into force on 6 February 2013.

DECLARATIONS AND RESERVATIONS

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

Austria

Declaration:

«The Republic of Austria declares in accordance with article 22 paragraph 2 of the Convention, that it accepts both of the means of dispute settlement mentioned in this paragraph as compulsory in relation to any Party accepting an obligation concerning one or both these means of dispute settlement.»

Botswana

Declaration made upon accession:

«...for purposes of Article 22(2) of the Convention, the Republic of Botswana declares that for any dispute not resolved in accordance with Article 22(1), it accepts as compulsory means of dispute settlement in relation to a Party accepting the same obligation, the submission of the dispute to the International Court of Justice; and Arbitration in accordance with the procedure set out in Annex IV to the Convention.»

France <3>

3 January 1999

Declaration:

The Government of the French Republic, in approving the Convention on the Protection and Use of Transboundary Watercourses and International Lakes, declares that reference to the concept of reasonable and equitable use of transboundary waters does not constitute recognition of a principle of customary law, but illustrates a principle of cooperation between Parties to the Convention; the scope of such cooperation is specified in agreements, to which the Convention between States bordering the same transboundary waters — such agreements being concluded on the basis of equality and reciprocity.

Germany

Declaration made upon signature and confirmed upon ratification:

«The Federal Republic of Germany, in order to protect information related to personal data according to its national law, reserves the right to supply personal data only under the condition that the part receiving such protected information shall respect the confidentiality of the information received and the conditions under which it is supplied, and shall only use that information for the purposes for which it was supplied».

Liechtenstein

Declaration:

[Same declaration, identical in essence, mutatis mutandis, as the one made under Austria.]

Lithuania

Declaration:

«The Republic of Lithuania declares that, for a dispute not resolved in accordance with paragraph 1 of Article 22 it accepts the means of dispute settlement provided in paragraph 2 (b) of Article 22 of the said Convention.»

Malawi

Declaration:

«1. The Republic of Malawi understands and declares that nothing in the Convention, and in particular no obligation to cooperate, notify, consult, share data, or jointly manage transboundary watercourses, shall be construed as affecting, modifying, prejudicing, or creating any right in derogation of the territorial sovereignty or sovereign rights of Malawi over its territory, including the waters, bed, and subsoil of Lake Malawi insofar as they fall within Malawian territory as determined by applicable rules of international boundary law.»

2. The Republic of Malawi further declares that its accession to, and cooperation under, the Convention shall not in any manner be construed as an admission, acknowledgement, or recognition of the territorial or boundary claims of any other State with respect to Lake Malawi or any other shared water body, and shall not prejudice or affect the conduct or outcome of any bilateral or multilateral process for the resolution of boundary questions concerning such water bodies.

3. The Republic of Malawi declares that the establishment of any joint body, commission, or mechanism pursuant to the Convention in relation to Lake Malawi or any watercourse adjacent to a disputed boundary shall be without prejudice to Malawi's territorial and boundary positions, and the terms of reference of any such body shall not be construed as resolving or foreclosing any question of territorial sovereignty or boundary delimitation.

4. This Declaration is made pursuant to Article 3 of the Convention, which affirms that the Convention does not affect existing treaties or agreements. and is consistent with the general principle of treaty interpretation affirmed in Article 31(3)(c) of the Vienna Convention on the Law of Treaties (1969), which requires that account be taken of all relevant rules of international law applicable in the relations between the Parties, including the rules governing territorial sovereignty and boundary delimitation.»

Netherlands (Kingdom of the)

Declaration made upon signature and confirmed upon acceptance:

«The Kingdom of the Netherlands accepts for a dispute not resolved in accordance with paragraph 1 of article 22 of the Convention both the following means of dispute settlement as compulsory in relation to any Party accepting the same obligation:»

(a) Submission of the dispute to the International Court of Justice;

(b) Arbitration in accordance with the procedure set out in annex IV.»

Serbia

Declaration made upon accesion:

«In accordance with Article 22 paragraph 2 of the Convention on the Protection and Use of Transboundary Watercourses and International Lakes, the Republic of Serbia declares that, for a dispute not resolved in accordance with paragraph 1 of the Article 22, it accepts both means of dispute settlement in the manner and under the conditions referred to in Article 22 paragraphs 2 and 3.»

Spain

Reservation:

In relation to article 3, paragraph 1 (c), the Spanish State takes it that the limits for waste-water discharges stated in permits shall guarantee, in any case, respect for the water-quality criteria of the receiving environment, based on the best available technologies and the technical features of the affected installation, its geographical site and local environmental conditions.

End Note

1. For the purpose of entry into force of the [Convention/Protocol], any instrument of ratification, acceptance, approval or accession deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of that Organization.

2. With reservation of application to the Faroe Islands and Greenland.

3. On 14 August 1998, the Government of France made a declaration with respect to the above Convention. The said declaration was communicated to all Contracting States by a depositary notification. Within a period of 90 days from the date of the depositary notification (i.e. 5 October 1998), none of the Contracting States to the Convention notified the Secretary-General of an objection. Consequently, the declaration is deemed to have been accepted for deposit on 3 January 1999.

4. For the Kingdom in Europe.

5. On 28 June 1999, the Government of Portugal informed the Secretary-General the Convention would also apply to Macau. See note 1 under «Portugal» in the «Historical Information» section in the front matter of this volume.