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Boaters on the Lahn River (Rhine basin), at Weilburg, in Hesse, Germany. Photo credit: Bryan Pendergrass.<br />

such as the Danube, the Rhine, the Elbe, and the<br />

Oder river basins.<br />

4.3.2 Notification of Planned<br />

Measures<br />

Under customary international law, countries<br />

must give prior notification of planned measures<br />

influencing a waterway that may have major<br />

negative impacts on another country’s water; this<br />

obligation finds expression in Article 12 of the<br />

1997 UN Watercourses Convention. Such<br />

notification must be accompanied by appropriate<br />

data and information, including any<br />

environmental impact assessment, in order for all<br />

the notified countries to evaluate the possible<br />

effects of the planned measures. A similar<br />

approach is adopted by Article 10(2)(h) in the<br />

1992 Helsinki Convention that requires countries<br />

to exchange information on existing and planned<br />

uses of water and related installations that are<br />

likely to cause transboundary impact. In addition,<br />

the 1992 Helsinki Convention mandates riparian<br />

parties to enter into consultations on the basis of<br />

reciprocity, good faith, and good neighbourliness.<br />

Numerous bilateral and basin specific<br />

agreements provide for notification of planned<br />

measures as a proactive tool to prevent conflicts.<br />

Article 7 of the 2002 Russia-Belarus Agreement<br />

obligates a party to notify the other party of any<br />

planned measures likely to cause a<br />

transboundary impact as well as to provide all<br />

relevant data and information. The notified party<br />

then has a six month period to evaluate the<br />

planned measures. The agreement also entails<br />

that the parties enter into consultations over the<br />

planned measures upon the request of the<br />

notified party. Similarly, under Article 8 of the<br />

1998 Luso-Spanish Basin Convention, a party<br />

considering a project or activity that may cause<br />

transboundary impact must notify the other party<br />

and provide all relevant data and information. In<br />

addition, this convention provides that a party<br />

considering a project to cause or potentially<br />

cause transboundary impact (and has not been<br />

notified of the plans) the right to request the<br />

necessary information from the other party in<br />

order to evaluate the plans. Furthermore, this<br />

convention obliges countries to enter into<br />

consultations through a joint commission<br />

established under the agreement when there is<br />

sufficient evidence that a project or activity causes<br />

or may cause a transboundary impact. As the<br />

latter agreement provides a forum through which<br />

parties can hopefully resolve disputes at an early<br />

Chapter 4. Major Trends in Conflict and Cooperation — 51

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