On ratification of the Convention on the Law of the Non-Navigational Uses of International Watercourses

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The Law of the Republic of Kazakhstan dated March 25, 2024 No. 67-VIII SAM.

To ratify the Convention on the Law of the Non-Navigational Uses of International Watercourses, done in New York on May 21, 1997.

President of the Republic of Kazakhstan

K. TOKAEV

CONVENTION ON THE LAW OF THE NON-NAVIGATIONAL USES OF INTERNATIONAL WATERCOURSES

The Parties to this Convention,

Aware of the importance of international watercourses and their non-navigational uses in many regions of the world,

Bearing in mind Article 13, paragraph 1a, of the Charter of the United Nations, which provides that the General Assembly shall organize studies and make recommendations with a view to encouraging the progressive development of international law and its codification,

Considering that the successful codification and progressive development of the norms of international law governing the non-navigational uses of international watercourses will contribute to the promotion and implementation of the purposes and principles set out in Articles 1 and 2 of the Charter of the United Nations,

Taking into account the problems affecting many international watercourses due, inter alia, to increased consumption and pollution,

Expressing the conviction that the framework convention will ensure the use, development, conservation, management and protection of international watercourses and the promotion of their optimal and sustainable use for present and future generations,

Reaffirming the importance of international cooperation and good-neighbourly relations in this field,

Bearing in mind the special situation and needs of developing countries,

Recalling the principles and recommendations adopted at the 1992 United Nations Conference on Environment and Development and contained in the Rio Declaration and Agenda 21,

Recalling also the existing bilateral and multilateral agreements concerning the non-navigational uses of international watercourses,

Considering the valuable contribution of international organizations, both governmental and non-governmental, to the codification and progressive development of international law in this field,

Appreciating the work done by the International Law Commission on the topic of non-navigational uses of international watercourses,

Bearing in mind United Nations General Assembly resolution 49/52 of 9 December 1994,

We have agreed on the following:

PART I. conduction

Article 1 Scope of this Convention

1. This Convention applies to the use of international watercourses and their waters for purposes other than navigation and to measures for the protection, conservation and management of such use of these watercourses and their waters.

2. The use of international watercourses for navigation does not fall within the scope of this Convention, except in cases where other uses affect or are affected by navigation.

Article 2 Use of terms

For the purposes of this Convention:

(a) "Watercourse" means a system of surface and groundwater that, by virtue of their physical interconnection, form a single whole and usually have a common terminus;

(b) "International watercourse" means a watercourse, parts of which are located in different States;

(c) "Watercourse State" means a State Party to this Convention in whose territory a part of an international watercourse is located, or a Party that is a regional economic integration organization in the territory of one or more of whose member States a part of an international watercourse is located.;

(d) "Regional economic integration organization" means an organization formed by the sovereign States of a particular region to which its member States have delegated competence in matters governed by this Convention and which has been duly authorized, in accordance with its internal procedures, to sign, ratify, accept, approve or accede to the Convention.

Article 3 of the Watercourse Agreement

1. Unless otherwise agreed, nothing in this Convention shall affect the rights and obligations of a watercourse State arising from existing agreements to which it is a party at the date of accession to this Convention.

2. Notwithstanding the provisions of paragraph 1, the parties to the agreements referred to in paragraph 1 may, if necessary, consider the possibility of harmonizing such agreements with the basic principles of this Convention.

3. Watercourse States may conclude one or more agreements, hereinafter referred to as watercourse agreements, on the application and adaptation of the provisions of this Convention to the characteristics and uses of a given international watercourse or part thereof.

4. If a watercourse agreement is concluded between two or more watercourse States, it must specify the waters to which it applies. Such an agreement may be concluded with respect to the entire international watercourse or any part of it, or a specific project, program, or type of use, except in cases where this agreement adversely affects to a significant extent the use of the waters of this watercourse by one or more watercourse States without their express consent.

5. If a watercourse State considers that adaptation and application of the provisions of this Convention are required due to the characteristics and uses of the international watercourse in question, the watercourse States shall organize consultations with a view to negotiating in good faith with a view to concluding an agreement or agreements on the watercourse.

6. When, with respect to a particular international watercourse, some, but not all, of the watercourse States are parties to an agreement, nothing in such agreement shall affect the rights and obligations under this Convention of the watercourse States that are not parties to such agreement.

Article 4 Parties to watercourse agreements

1. Any watercourse State has the right to participate in negotiations on the conclusion and become a party to any watercourse agreement that applies to this international watercourse as a whole, as well as to participate in any relevant consultations.

2. A watercourse State whose use of an international watercourse may be significantly affected by the implementation of a proposed watercourse agreement that applies only to a part of the watercourse or a specific project, program or type of use shall have the right to participate in consultations regarding such agreement and, if necessary, in negotiations conducted in good faith on the conclusion of such agreement. agreements with the aim of becoming a party to it to the extent that the use of this State is affected in this way.

PART II. GENERAL PRINCIPLES

Article 5 Fair and reasonable use and participation

1. Watercourse States shall use the international watercourse within their respective territories in a fair and reasonable manner. In particular, an international watercourse is used and developed by the watercourse States in order to achieve its optimal and sustainable use and related benefits, taking into account the interests of the respective watercourse States, with appropriate protection of the watercourse.

2. Watercourse States shall participate in the use, development and protection of international watercourses in a fair and reasonable manner. Such participation includes both the right to use a watercourse and the obligation to cooperate in its protection and development, as provided for in this Convention.

Article 6 Factors related to fair and reasonable use

1. The use of an international watercourse in a fair and reasonable manner within the meaning of article 5 requires consideration of all relevant factors and circumstances, including:

a) Geographical, hydrographic, hydrological, climatic, ecological and other natural factors;

(b) The socio-economic needs of the respective watercourse States;

(d) The impact of one or more uses of a watercourse in one watercourse State on other watercourse States;

(e) Existing and potential uses of the watercourse;

(f) Conservation, protection, development and cost-effectiveness of the watercourse's water resources and the costs of taking measures for these purposes;

(g) Availability of alternatives to a given planned or existing use of comparable value.

2. In applying article 5 or paragraph 1 of this article, the watercourse States concerned shall, if necessary, enter into consultations in a spirit of cooperation.

3. The importance to be given to each factor is to be determined depending on its importance in comparison with other relevant factors. In determining what constitutes reasonable and fair use, all relevant factors should be considered together and a conclusion should be reached based on all factors.

Article 7 Obligation not to cause significant damage

1. Watercourse States, when using an international watercourse on their territory, shall take all appropriate measures to prevent significant damage to other watercourse States.

2. In the event that significant damage is nevertheless caused to another watercourse State, the State that causes such damage by its use, in the absence of an agreement on such use, shall take all appropriate measures, with due regard to the provisions of articles 5 and 6, in consultation with the injured State, to eliminate or reduce such damage and, if necessary, to discuss the issue of compensation.

Article 8 General obligation to cooperate

1. Watercourse States shall cooperate on the basis of sovereign equality, territorial integrity, mutual benefit and good faith in order to achieve optimal use and adequate protection of the international watercourse.

2. In determining the means of such cooperation, watercourse States may consider establishing, as they deem necessary, joint mechanisms or commissions to facilitate cooperation on appropriate measures and procedures, while taking into account the experience of cooperation gained through existing joint mechanisms and commissions in different regions..

Article 9 Regular exchange of data and information

1. In accordance with article 8, watercourse States regularly exchange readily available data and information on the condition of the watercourse, in particular data and information of a hydrological, meteorological, hydrogeological and ecological nature, and data and information related to water quality, as well as relevant forecasts.

2. If a watercourse State is requested by another watercourse State to provide data or information that is not readily available, it will make every effort to comply with the request, but may condition its compliance on payment by the requesting State of reasonable costs associated with the collection and, if necessary, processing of such data or information.

3. Watercourse States shall make every effort to collect and, if necessary, process data and information in such a way as to facilitate their use by other watercourse States to which they are provided.

Article 10 Relationship between different uses

1. In the absence of any other agreement or custom, no type of use of an international watercourse enjoys inherent priority over other types of use.

2. In the event of a conflict between the uses of an international watercourse, it should be resolved taking into account articles 5-7, with particular attention to the requirements for meeting urgent human needs.

PART III. PLANNED MEASURES

Article 11 Information on planned measures

The watercourse States exchange information and consult with each other and, if necessary, enter into negotiations on the possible consequences of the planned measures for the state of the international watercourse.

Article 12 Notification concerning planned measures fraught with possible adverse consequences

Before implementing or authorizing the implementation of planned measures that may have significant adverse consequences for other watercourse States, the watercourse State shall notify these States in a timely manner. Such notification is accompanied by available technical data and information, including the results of any environmental assessment, so that notified States can assess the possible consequences of the planned measures.

Article 13 Deadline for submitting a response to a notification

Unless otherwise agreed:

(a) The watercourse State notifying in accordance with article 12 shall provide the notified States with a period of six months to study and assess the possible consequences of the planned measures and inform it of its findings;

(b) At the request of the notified State, for which the assessment of the planned measures presents particular difficulties, this period shall be extended by six months.

Article 14 Obligations of the notifying State within the time limit for submitting a response

Within the period specified in article 13, the notifying State:

(a) Cooperate with notified States by providing them, upon request, with any additional data and information that is available and necessary for a proper assessment; and

(b) Does not implement the planned measures or authorize their implementation without the consent of the notified States.

Article 15 Response to notification

Within the time limit set under article 13, notified States shall communicate their findings to the notifying State as soon as possible. If the notified State considers that the implementation of the planned measures would be incompatible with the provisions of articles 5 or 7, it shall attach to its conclusion a documented explanation setting out the grounds for this conclusion.

Article 16 No response to notification

1. If, within the time limit set under article 13, the notifying State does not receive a communication under article 15, it may, in compliance with its obligations under articles 5 and 7, proceed to implement the planned measures in accordance with this notification and any other data and information provided to the notified States.

2. Any claim for compensation from a notified State that has failed to respond within the time limit established under article 13 may be offset against the costs incurred by the notifying State in connection with actions taken after the deadline for submitting a response that would not have been taken if the notified State had objected within that time limit..

Article 17 Consultations and negotiations concerning planned measures

1. If, according to article 15, it is reported that the implementation of the planned measures would be incompatible with the provisions of articles 5 or 7, the notifying State and the reporting State shall enter into consultations and, if necessary, negotiations in order to achieve an equitable settlement of the situation.

2. Consultations and negotiations are conducted on the basis that each State must take into account the rights and legitimate interests of the other State in good faith and to a reasonable extent.

3. During consultations and negotiations, the notifying State shall refrain from implementing or authorizing the implementation of planned measures, if the notified State requests this when sending them a communication, for a period of six months, unless otherwise agreed.

Article 18 Procedures in case of absence of notification

1. If a watercourse State has reasonable grounds to believe that another watercourse State is planning measures that may have significant adverse consequences for it, the first State may require the second State to apply the provisions of article 12. Such a requirement is accompanied by a documented explanation outlining its grounds.

2. If the State planning these measures nevertheless considers that it is not obligated to send a notification under article 12, it shall inform the other State accordingly, providing it with a documented explanation setting out the grounds for such a conclusion. If this conclusion does not satisfy the other State, the two States shall immediately enter, at the request of the other State, into consultations and negotiations in accordance with the procedure specified in paragraphs 1 and 2 of article 17.

3. During these consultations and negotiations, the State planning these measures, if another State so requests when requesting them to enter into consultations and negotiations, shall refrain from implementing or authorizing the implementation of these measures for a period of six months, unless otherwise agreed.

Article 19 Urgent implementation of planned measures

1. If the implementation of planned measures is extremely urgent for reasons of public health, public safety or other equally important interests, the State planning these measures may, subject to articles 5 and 7, immediately proceed with the implementation of these measures, notwithstanding the provisions of articles 14 and paragraph 3 of article 17.

2. In such a case, an official statement on the urgency of these measures, together with relevant data and information, shall be sent without delay to the other watercourse States referred to in article 12.

3. The State planning these measures, at the request of any of the States referred to in paragraph 2, shall promptly enter into consultations and negotiations with it in accordance with the procedure specified in paragraphs 1 and 2 of article 17.

PART IV. PROTECTION, PRESERVATION AND MANAGEMENT

Article 20 Protection and conservation of ecosystems

Watercourse States individually and, if necessary, jointly ensure the protection and preservation of the ecosystem of international watercourses.

Article 21 Prevention, reduction and control of pollution

1. For the purposes of this article, "pollution of an international watercourse" means any harmful change in the composition or quality of waters of an international watercourse that is directly or indirectly the result of human activity.

2. Watercourse States shall individually and, if necessary, jointly prevent, reduce and control pollution of an international watercourse that may cause significant damage to other watercourse States or their environment, including damage to public health or safety, the use of waters for any useful purposes or the living resources of the watercourse. Watercourse States are taking steps to harmonize their policies in this regard.

3. The watercourse States, at the request of any of them, shall hold consultations in order to agree on mutually acceptable measures and methods for the prevention, reduction and control of pollution of an international watercourse, such as:

(a) Setting common targets and criteria for water quality;

(b) Development of means and methods to control pollution from point and non-point sources;

(c) Drawing up lists of substances whose introduction into the waters of an international watercourse is subject to prohibition, restriction, investigation or monitoring.

Article 22 Introduction of alien or new species of organisms

Watercourse States shall take all necessary measures to prevent the introduction of alien or new species of organisms into the international watercourse, which may have a detrimental effect on the ecosystem of the watercourse, causing significant damage to other watercourse States.

Article 23 Protection and preservation of the marine environment

Watercourse States, individually and, if necessary, in cooperation with other States, shall take all measures necessary for the protection and preservation of the marine environment, including estuaries, with respect to an international watercourse, taking into account generally recognized international norms and standards.

Article 24 Management

1. Watercourse States, at the request of any of them, shall enter into consultations on the management of an international watercourse, which may include the establishment of a joint management mechanism.

2. For the purposes of this article, "management" means, in particular:

(a) Planning for the sustainable development of an international watercourse and ensuring the implementation of any plans adopted; and

(b) Other assistance to the rational and optimal use, protection and control of watercourses.

Article 25 Regulation

1. Watercourse States shall cooperate, as appropriate, to respond to the needs or opportunities for regulating the flow of waters of an international watercourse.

2. Unless otherwise agreed, the watercourse States shall participate on an equitable basis in the construction and maintenance of such facilities for regulation as they may agree to erect, or the reimbursement of their costs.

3. For the purposes of this article, "regulation" means the use of hydraulic engineering facilities or the implementation of any other long-term measures to change, vary the flow of waters of an international watercourse or otherwise manage the flow of waters of an international watercourse.

Article 26 Facilities

1. Watercourse States within their respective territories shall do everything in their power to preserve and protect structures, installations and other facilities related to an international watercourse.

2. The watercourse States, at the request of any one of them having reasonable grounds to believe that it may experience significant adverse effects, shall enter into consultations regarding:

(a) The safe operation and safe maintenance of facilities, installations or other facilities related to an international watercourse; and

b) protection of structures, installations or other objects from intentional or negligent actions or forces of nature.

PART V. HARMFUL PHENOMENA AND EMERGENCIES

Article 27 Prevention and mitigation of harmful phenomena

Watercourse States shall individually and, if necessary, jointly take all appropriate measures to prevent or mitigate phenomena related to international watercourses that may harm other watercourse States, whether as a result of natural forces or human activities, such as flooding or ice conditions, water-borne diseases, siltation, erosion, salt water intrusion, drought or desertification.

Article 28 Emergency situations

1. For the purposes of this article, "emergency" means a situation that causes serious damage or poses an immediate threat of serious damage to watercourse States or other States and that is the unexpected result of natural forces such as floods, ice breakouts, landslides or earthquakes, or human activities such as industrial accidents.

2. The watercourse State shall immediately and by the most expeditious means available notify other potentially affected States and competent international organizations of any emergency situation that has arisen on its territory.

3. The watercourse State in whose territory an emergency has arisen, in cooperation with potentially affected States and, if necessary, with competent international organizations, shall immediately take all feasible measures, the need for which is dictated by circumstances, in order to prevent, mitigate and eliminate the harmful consequences of the emergency.

4. When necessary, watercourse States shall jointly develop contingency plans for emergencies, acting in cooperation, if necessary, with other potentially affected States and competent international organizations.

PART VI. OTHER PROVISIONS

Article 29 International watercourses and structures during an armed conflict

International watercourses and related structures, installations and other facilities enjoy the protection provided in accordance with the principles and norms of international law applicable in international and non-international armed conflicts, and are not used in violation of these principles and norms.

Article 30 Indirect procedures

In cases where there are serious obstacles to direct contacts between watercourse States, the States concerned shall implement their obligations of cooperation provided for in this Convention, including the exchange of data and information, the submission of notifications, communications, consultations and negotiations, through any indirect procedure they adopt.

Article 31 Data and information of vital importance for national defense or security

Nothing in this Convention obliges a watercourse State to provide data or information of vital importance to its national defense or security. Nevertheless, this State cooperates in good faith with other watercourse States in order to provide them with the fullest possible information in these circumstances.

Article 32 Non-discrimination

Unless the watercourse States concerned have reached a different agreement on the protection of the interests of natural or legal persons who have suffered significant transboundary damage as a result of activities related to an international watercourse or are seriously threatened with such damage, the watercourse State does not discriminate on the basis of nationality or place of residence or the place where the damage was caused., when granting such persons, in accordance with their legal system, access to judicial or other procedures or the right to demand compensation or other compensation for significant damage caused by such activities carried out on its territory.

Article 33 Settlement of disputes

1. In the event of a dispute between two or more parties in connection with the interpretation or application of this Convention, the parties concerned, in the absence of an applicable agreement between them, shall seek to settle the dispute by peaceful means in accordance with the provisions set out below.

2. If the parties concerned are unable to reach an agreement through negotiations initiated by one of them, they may jointly request the third party to provide good offices or mediation or reconciliation, or, depending on the circumstances, use any joint watercourse institutions that may have been established by them, or agree submit the dispute to an arbitration body or an International Court.

3. Subject to the provisions of paragraph 10, if, after six months from the date of the request for negotiations referred to in paragraph 2, the parties concerned are unable to resolve the dispute between them through negotiation or any other means referred to in paragraph 2, at the request of either party to the dispute, Unless otherwise agreed by the parties, the dispute becomes the subject of an impartial fact-finding in accordance with paragraphs 4 and 9.

4. A fact-finding commission is established, which consists of one member appointed by each relevant party, as well as a member who is not a national of any of the relevant parties and is selected by the appointed members, who serves as chairman.

5. If the members appointed by the parties cannot agree on a chairman within three months from the date of the request for the establishment of the commission, any party concerned may request the Secretary-General of the United Nations to appoint a chairman who does not have to be a national of any of the parties to the dispute or of any coastal State of the relevant watercourse.. If one of the parties fails to appoint a member within three months of the initial request under paragraph 3, any other Party concerned may request the Secretary-General of the United Nations to appoint a person who is not a national of any of the parties to the dispute or of any coastal State of the relevant watercourse. The person appointed in this way is a one-member commission.

6. The Commission determines its own procedure.

7. The parties concerned are required to provide the commission with such information as it may require and, upon request, to allow the commission access to their respective territories and to inspect any facilities, installations, equipment, structures or natural formations relevant to the purpose of its investigation.

8. The Commission shall adopt its report by a majority vote, if it does not consist of one member, and submit this report to the relevant parties, setting out its conclusions and their justifications, as well as such recommendations as it considers appropriate for a fair settlement of the dispute; the relevant parties shall consider such recommendations in a spirit of good faith.

9. The expenses of the commission are distributed equally between the relevant parties.

10. Upon ratification, acceptance, approval or accession to this Convention, as well as at any subsequent stage, a party that is not a regional economic integration organization may submit in writing to the depositary a declaration stating that, in connection with any dispute not settled in accordance with the provisions of paragraph 2, it recognizes as binding ipso facto measures and without the need for a special agreement in relation to any party accepting a similar obligation:

(a) Referring the dispute to the International Court of Justice; and/or

(b) Arbitration of the dispute by an arbitration body established and functioning in accordance with the procedure set out in the annex to this Convention, unless otherwise agreed by the parties to the dispute.

A Party that is a regional economic integration organization may make a declaration with similar consequences in relation to arbitration in accordance with subparagraph (b).

PART VII. FINAL PROVISIONS

Article 34 Signature

This Convention shall be open for signature by all States and regional economic integration organizations from 21 May 1997 to 20 May 2000 at United Nations Headquarters in New York.

Article 35 Ratification, acceptance, approval or accession

1. This Convention is subject to ratification, acceptance, approval or accession by States and regional economic integration organizations. Instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary-General of the United Nations.

2. Any regional economic integration organization that becomes a Party to this Convention in the event that none of its member States is a Party shall assume all obligations under the Convention. In the case of such organizations, one or more of whose Member States are Parties to this Convention, this organization and its member States shall decide on their respective responsibilities regarding the fulfillment of their obligations under the Convention. In such cases, this organization and the Member States are not entitled to simultaneously exercise the rights under this Convention.

3. In their instruments of ratification, acceptance, approval or accession, regional economic integration organizations shall declare the scope of their competence with respect to matters governed by this Convention. These organizations also inform the Secretary-General of the United Nations of any significant changes in their area of competence.

Article 36 Entry into force

1. This Convention shall enter into force on the ninetieth day after the deposit with the Secretary-General of the United Nations of the thirty-fifth instrument of ratification, acceptance, approval or accession.

2. For each State or regional economic integration organization that ratifies, accepts, approves or accedes to the Convention after the deposit of the thirty-fifth instrument of ratification, acceptance, approval or accession, the Convention enters into force on the ninetieth day after the deposit by that State or regional economic integration organization of its instrument of ratification, acceptance or accession. about acceptance, approval or accession.

3. For the purposes of paragraphs 1 and 2, any document deposited by a regional economic integration organization is not counted among the documents deposited by States.

Article 37 Authentic texts

The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

IN WITNESS WHEREOF, the undersigned plenipotentiaries, being duly authorized thereto, have signed this Convention.

DONE at New York, this twenty-first day of May, one thousand nine hundred and ninety-seven.

THE ARBITRATION APPLICATION

Article 1

Unless otherwise agreed by the parties to the dispute, arbitration in accordance with article 33 of the Convention shall be conducted in accordance with articles 2-14 of this annex.

Article 2

The claimant party shall notify the respondent party that it is submitting the dispute to arbitration in accordance with article 33 of the Convention. The notification contains a statement of the subject matter of the arbitration and includes, in particular, the articles of the Convention on the interpretation or application of which a dispute has arisen. If the parties have not agreed on the subject of the dispute, then the subject matter is determined by the arbitration court.

Article 3

1. In case of a dispute between two parties, the arbitration court consists of three members. Each of the parties to the dispute shall appoint one arbitrator, and the two arbitrators so appointed shall, by mutual agreement, appoint a third arbitrator who shall serve as chairman of the court. The latter may not be a national of one of the parties to the dispute or of any coastal State of the relevant watercourse, may not have his usual place of residence in the territory of one of these parties or such a coastal State of the watercourse, or in any other capacity be related to this case.

2. In the case of a dispute between more than two parties, those parties who have a common interest in the dispute, by mutual agreement, jointly appoint one member of the court.

3. Any vacancy is filled according to the procedure prescribed for the initial appointment.

Article 4

1. If, two months after the appointment of the second arbitrator, the chairman of the arbitral tribunal has not been appointed, then, at the request of the parties, the President of the International Court of Justice shall appoint him within the next two months.

2. If one of the parties to the dispute does not appoint an arbitrator within two months of receiving the request, the other party has the right to inform the President of the International Court of Justice, who makes the appointment within the next two months.

Article 5

The arbitral tribunal shall render its decisions in accordance with the provisions of this Convention and the norms of international law.

Article 6

Unless otherwise agreed by the parties to the dispute, the arbitral tribunal shall determine its own rules of procedure.

Article 7

The arbitral tribunal may, at the request of one of the parties, recommend the necessary interim measures of protection.

Article 8

1. The parties to the dispute shall facilitate the work of the arbitral tribunal and, in particular, use all the possibilities at their disposal.:

(a) Provide him with all relevant documents, information and materials; and

(b) If necessary, give him the opportunity to call witnesses or experts and review their testimony.

2. The parties and arbitrators are required to ensure the confidentiality of any information they receive in confidence during the proceedings of the arbitral tribunal.

Article 9

Unless the arbitral tribunal decides otherwise, based on the specific circumstances of the case, the court costs are distributed equally between the parties to the dispute. The court registers all its costs and submits a final report on these costs to the parties.

Article 10

Any Contracting Party having a legal interest in the subject matter of the dispute, which may be affected by the decision on the case, has the right, with the consent of the court, to participate in the hearing of the case.

Article 11

The court may hear counterclaims arising directly from the subject matter of the dispute and make decisions on them.

Article 12

Decisions of the arbitration court on procedural and substantive issues are made by a majority vote of its members.

Article 13

If one of the parties to the dispute does not appear before the arbitral tribunal or is unable to defend his case, the other party may request the court to continue the hearing and make its final decision. The absence of one party or the inability of her to defend her case is not an obstacle to the proceedings. Before making its final decision, the arbitration court must ensure that the claim is factually and legally justified.

Article 14

1. The Court shall make a final decision within five months after the date of its final establishment, unless it deems it necessary to extend this period for another period not exceeding five months.

2. The final decision of the arbitral tribunal is limited to the subject of the dispute and is accompanied by an explanation of the reasons on which it is based. It contains the names of the members who participated in its adoption and the date of the final decision. Any member of the court may attach a dissenting opinion or an opinion at odds with the final decision.

3. The resolution is binding on the parties to the dispute. It is not subject to appeal, unless the parties to the dispute have agreed in advance on an appeal procedure.

4. Any differences that may arise between the parties to the dispute regarding the interpretation or procedure for the implementation of the final court decision may be referred by either party to the arbitration court that issued the decision.

I hereby confirm that the above text is an exact copy of the Convention on the Law of the Non-Navigational Uses of International Watercourses, adopted by the United Nations General Assembly on May 21, 1997.

On behalf of the Secretary General, the Legal Adviser

(Under-Secretary-General) for Legal Affairs

Hans Correll

United Nations, New York, May 28, 1997

President

Republic of Kazakhstan

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