[MUSIC] [MUSIC] [MUSIC] Ladies and gentlemen. Hello. In this sequence I will talk about the different ways in which international watercourses are used. I will speak in terms of plurality since the uses are many and varied. So why, in the context of international law, are we interested in the plurality of uses? This is because we want to demonstrate that international law provides the principles that govern the relationship between these uses. So how does international law address the plurality of these uses? In order to explain this to you, to present the principles in force, I am going to show you how international law has gradually come to understand the uses of international watercourses. The first use addressed by international law was navigation. The political situation prevailing in the 19th century meant that European countries considered navigation, transport, communication as a means of economic development. And consequently, free movement, the free navigation of international watercourse became a very important principle. At the time of colonisation, this principle played a very important role when acquiring new territories So, this use was the first to be truly regulated by international law with the principle of the freedom of navigation, which, during the 20th century, will take on shapes and forms that vary from one region to another. Another use is fishing. Rivers are habitats that are important for many species. And as a result, by the end of the 19th century, States are seen to incorporate provisions to better protect the resource into their treaties because, for economic purposes they must be protected, habitats must be protected breeding seasons must be respected and so we see how regulation in this field began. And next, the 20th century. This is a period which sees international law address additional uses and in doing so, makes its mark. So why am I talking about the 20th century? As you know, population growth was very important in this period. The number of people living on earth increased and they all needed access to water. There are also demands for economic development, and what follows is the prolongation of the industrial revolution, and with it, new ways to consume energy, and electricity which needed to be widely available etc.. And as a result, there was a lot of pressure. I haven't mentioned irrigation, but irrigation is extremely important in order to feed the people that live in the different regions of the world. And so, we see the multiplication of uses and the States of the second half of the 20th century acknowledge the necessity to regulate the relationship between these uses. In the 1997 Convention negotiated by the International Law Commission, there is a very important principle, the principle that no one use has primacy over another. If there is no primacy of use, there is no hierarchy. And what does that mean? This means that all uses can be considered, but States have to exchange, have to cooperate in order to manage the resource. And so the definition of the relationship between these uses is established according to the principles that are often referred to in this MOOC, the principles of equitable and reasonable use and the obligation to prevent any significant damage. So, I have said that there is no hierarchy of use but the International Law Commission has stated and this has been affirmed in general international law, that if there is a conflict between uses then primacy must be given to essential human needs. And as I have often said, the imperative gaining more and more importance is that one use is not more important than another but this rule enshrined in Article 10 of the 1997 Convention if all uses can not be met, that basic human needs have priority. And therefore, in all circumstances, domestic needs have to be assured, sanitation needs have to be assured before water can be used for other uses. So this principle of non-hierarchy, you see, takes into account the situation on the ground, takes into account that there might be differences depending on the region and depending on the international watercourse and it is a principle that demands dialogue between the parties concerned. I have often spoken about States and about this dialogue which is so important as they make agreements concerning international watercourses, but we also see that in the decision-making process communities dependent on the watercourses, communities living alongside these watercourses must also be taken into account, along with their views. This is known as public participation in the management of of international watercourses. Before concluding this sequence, I would also like to address the issue of the environment which we haven't yet discussed. The environment, per se, is not an actual use however, water comes from nature. And so, the uses can be divided, since the 1970s, States, with the help of legal instruments, have accepted that use must be in compliance with international environmental law. For example, the Ramsar Convention which protects wetlands of international importance or other protected water resources because they are significant habitats, ecosystems etc. This aspect is also marked by the question of uses. The last point I would like to highlight is the issue of borders. As you know, many land borders are defined by characteristics of the land and sometimes these are international watercourses. Strictly speaking this is not a use however nature doesn't care much about these borders. And again, States need to cooperate to ensure that water resources can be used, in the best possible way, while at the same time respecting the political borders that have been agreed. Thanks for your attention. ​[MUSIC]