국제하천의 비항행적 사용에 관한 국제법적 소고

This paper explores laws regarding non-navigational uses of international rivers. International rivers, which are rivers located in more than 2 countries, has important role not only navigational uses but also non-navigational uses such as sources of drinking waters and industrials resources in general. Especially, as water resource, international rivers could be a cause of dispute in water-shorted areas. International laws which control on non-navigational uses of international rivers rely on international customary laws or general rules of law regarding water apportionments and no-harms rules. 1997 Convention on the Law of the Non-navigational uses of Watercourses is one of main documents regulate this issue. This paper review two main rules of the convention, the equitable and reasonable use rule, the no-harms rule, and concludes these two rule does not conflicts with each other. Moreover, the equitable and reasonable use rules can play a role contributing to sustainable development when the no-harms rule works as a procedural legal mechanisms. In other words, the no-harms rule provide downstream states not a legal right to ask not cause harm to upstream states, but a legal right to ask trans-boundary environmental impact assessment procedures to upstream states in order to prevent harms on international rivers. Obligation to provide information regarding any plans causing adverse effects to international rivers, and to consult are the main legal responsibility in the laws of non-navigational uses of international rivers.