K.A. Bekyashev. Legal Regime of International Watercourses

Abstract: In this article the author analyzes international treaties and decisions of intergovernmental organizations, which determine or clarify the legal regime of international watercourses. A number of doctrines is carefully considered in the article including the doctrine of absolute territorial sovereignty, the doctrine of territorial integration, the doctrine of initial acquisition, the doctrine of equitable use of water resources, the doctrine of common management of water resources and watercourses, and other modern doctrines. In the author’s opinion, the legal regime of international watercourses and their resources is regulated by the following principles: the principle of optimal and rational use of resources, the principle of non-discrimination in the use of spaces and resources of international watercourses, the principle of prevention of contamination of international watercourses, the principle of the freedom of shipping by navigable waterways, the principle of precautionary measures. The existence of the abovementioned principles permitted to formulate an opinion, according to which a new branch of law has been formed in international law – law of international watercourses. The Russian Federation bilateral agreements on the use of watercourses are studied in the article. The term “international watercourses” can be applied not only to rivers, but also to international lakes. There exists more than 100 transboundary lakes in the world. The legal regime of these lakes is determined by respective agreements of coastal states. Almost each one of them has its own regime of navigation, fishing, etc. According to their international legal standing transboundary lakes are divided into two categories: regular transboundary lakes and those open to third parties for international navigation and fishing. The article is based of the analysis of the doctrinal literature, international treaties and decisions of international courts and arbitration.

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