Convention on the Law of the Non-navigational Uses of International
Watercourses, 1997 *
The Parties to the present Convention,
Conscious of the importance of international watercourses
and the non-navigational uses thereof in many regions of the world,
Having in mind Article 13, paragraph 1 (a), of the Charter
of the United Nations, which provides that the General Assembly shall initiate
studies and make recommendations for the purpose of encouraging the progressive
development of international law and its codification,
Considering that successful codification and progressive
development of rules of international law regarding non-navigational uses
of international watercourses would assist in promoting and implementing
the purposes and principles set forth in Articles 1 and 2 of the Charter
of the United Nations,
Taking into account the problems affecting many international
watercourses resulting from, among other things, increasing demands and
Expressing the conviction that a framework convention
will ensure the utilization, development, conservation, management and
protection of international watercourses and the promotion of the optimal
and sustainable utilization thereof for present and future generations,
Affirming the importance of international cooperation
and good-neighbourliness in this field,
Aware of the special situation and needs of developing
countries, Recalling the principles and recommendations adopted by the
United Nations Conference on Environment and Development of 1992 in the
Rio Declaration and Agenda 21,
Recalling also the existing bilateral and multilateral
agreements regarding the non-navigational uses of international watercourses,
Mindful of the valuable contribution of international
organizations, both governmental and non-governmental, to the codification
and progressive development of international law in this field,
Appreciative of the work carried out by the International
Law Commission on the law of the non-navigational uses of international
Bearing in mind United Nations General Assembly resolution
49/52 of 9 December 1994,
Have agreed as follows:
Scope of the present Convention
1. The present Convention applies to
uses of international watercourses and of their waters for purposes other
than navigation and to measures of protection, preservation and management
related to the uses of those watercourses and their waters.
Use of terms
2. The uses of international watercourses
for navigation is not within the scope of the present Convention except
insofar as other uses affect navigation or are affected by navigation.
For the purposes of the present Convention:
(a) "Watercourse" means a system of surface waters and
ground waters constituting by virtue of their physical relationship a unitary
whole and normally flowing into a common terminus;
(b) "International watercourse" means a watercourse, parts
of which are situated in different States;
(c) "Watercourse State" means a State Party to the present
Convention in whose territory part of an international watercourse is situated,
or a Party that is a regional economic integration organization, in the
territory of one or more of whose Member States part of an international
watercourse is situated;
(d) "Regional economic integration organization" means
an organization constituted by sovereign States of a given region, to which
its member States have transferred competence in respect of 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
1. In the absence of an agreement to
the contrary, nothing in the present Convention shall affect the rights
or obligations of a watercourse State arising from agreements in force
for it on the date on which it became a party to the present Convention.
2. Notwithstanding the provisions of
paragraph 1, parties to agreements referred to in paragraph 1 may, where
necessary, consider harmonizing such agreements with the basic principles
of the present Convention.
3. Watercourse States may enter into
one or more agreements, hereinafter referred to as "watercourse agreements",
which apply and adjust the provisions of the present Convention to the
characteristics and uses of a particular international watercourse or part
Parties to watercourse agreements
4. Where a watercourse agreement is
concluded between two or more watercourse States, it shall define the waters
to which it applies. Such an agreement may be entered into with respect
to an entire international watercourse or any part thereof or a particular
project, programme or use except insofar as the agreement adversely affects,
to a significant extent, the use by one or more other watercourse States
of the waters of the watercourse, without their express consent.
5. Where a watercourse State considers
that adjustment and application of the provisions of the present Convention
is required because of the characteristics and uses of a particular international
watercourse, watercourse States shall consult with a view to negotiating
in good faith for the purpose of concluding a watercourse agreement or
6. Where some but not all watercourse
States to a particular international watercourse are parties to an agreement,
nothing in such agreement shall affect the rights or obligations under
the present Convention of watercourse States that are not parties to such
1. Every watercourse State is entitled
to participate in the negotiation of and to become a party to any watercourse
agreement that applies to the entire international watercourse, as well
as to participate in any relevant consultations.
2. A watercourse State whose use of
an international watercourse may be affected to a significant extent by
the implementation of a proposed watercourse agreement that applies only
to a part of the watercourse or to a particular project, programme or use
is entitled to participate in consultations on such an agreement and, where
appropriate, in the negotiation thereof in good faith with a view to becoming
a party thereto, to the extent that its use is thereby affected.
Equitable and reasonable utilization and participation
1. Watercourse States shall in their
respective territories utilize an international watercourse in an equitable
and reasonable manner. In particular, an international watercourse shall
be used and developed by watercourse States with a view to attaining optimal
and sustainable utilization thereof and benefits therefrom, taking into
account the interests of the watercourse States concerned, consistent with
adequate protection of the watercourse.
2. Watercourse States shall participate
in the use, development and protection of an international watercourse
in an equitable and reasonable manner. Such participation includes both
the right to utilize the watercourse and the duty to cooperate in the protection
and development thereof, as provided in the present Convention.
Factors relevant to equitable and reasonable utilization
1. Utilization of an international
watercourse in an equitable and reasonable manner within the meaning of
article 5 requires taking into account all relevant factors and circumstances,
(a) Geographic, hydrographic, hydrological, climatic,
ecological and other factors of a natural character;
2. In the application of article 5 or paragraph
1 of this article, watercourse States concerned shall, when the need arises,
enter into consultations in a spirit of cooperation.
(b) The social and economic needs of the watercourse States
(c) The population dependent on the watercourse in each
(d) The effects of the use or uses of the watercourses
in one watercourse State on other watercourse States;
(e) Existing and potential uses of the watercourse;
(f) Conservation, protection, development and economy
of use of the water resources of the watercourse and the costs of measures
taken to that effect;
(g) The availability of alternatives, of comparable value,
to a particular planned or existing use.
3. The weight to be given to each factor
is to be determined by its importance in comparison with that of other
relevant factors. In determining what is a reasonable and equitable use,
all relevant factors are to be considered together and a conclusion reached
on the basis of the whole.
Obligation not to cause significant harm
1. Watercourse States shall, in utilizing
an international watercourse in their territories, take all appropriate
measures to prevent the causing of significant harm to other watercourse
2. Where significant harm nevertheless
is caused to another watercourse State, the States whose use causes such
harm shall, in the absence of agreement to such use, take all appropriate
measures, having due regard for the provisions of articles 5 and 6, in
consultation with the affected State, to eliminate or mitigate such harm
and, where appropriate, to discuss the question of compensation.
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 attain optimal utilization and adequate protection
of an international watercourse.
2. In determining the manner of such
cooperation, watercourse States may consider the establishment of joint
mechanisms or commissions, as deemed necessary by them, to facilitate cooperation
on relevant measures and procedures in the light of experience gained through
cooperation in existing joint mechanisms and commissions in various regions.
Regular exchange of data and information
1. Pursuant to article 8, watercourse
States shall on a regular basis exchange readily available data and information
on the condition of the watercourse, in particular that of a hydrological,
meteorological, hydrogeological and ecological nature and related to the
water quality as well as related forecasts.
2. If a watercourse State is requested
by another watercourse State to provide data or information that is not
readily available, it shall employ its best efforts to comply with the
request but may condition its compliance upon payment by the requesting
State of the reasonable costs of collecting and, where appropriate, processing
such data or information.
3. Watercourse States shall employ
their best efforts to collect and, where appropriate, to process data and
information in a manner which facilitates its utilization by the other
watercourse States to which it is communicated.
Relationship between different kinds of uses
1. In the absence of agreement or custom
to the contrary, no use of an international watercourse enjoys inherent
priority over other uses.
2. In the event of a conflict between
uses of an international watercourse, it shall be resolved with reference
to articles 5 to 7, with special regard being given to the requirements
of vital human needs.
Information concerning planned measures
Watercourse States shall exchange
information and consult each other and, if necessary, negotiate on the
possible effects of planned measures on the condition of an international
Notification concerning planned measures with
possible adverse effects
Before a watercourse State implements
or permits the implementation of planned measures which may have a significant
adverse effect upon other watercourse States, it shall provide those States
with timely notification thereof. Such notification shall be accompanied
by available technical data and information, including the results of any
environmental impact assessment, in order to enable the notified States
to evaluate the possible effects of the planned measures.
Period for reply to notification
Unless otherwise agreed:
(a) A watercourse State providing a notification under
article 12 shall allow the notified States a period of six months within
which to study and evaluate the possible effects of the planned measures
and to communicate the findings to it;
Obligations of the notifying State during the
period for reply
(b) This period shall, at the request of a notified State
for which the evaluation of the planned measures poses special difficulty,
be extended for a period of six months.
During the period referred to in article 13, the notifying
(a) Shall cooperate with the notified States by providing
them, on request, with any additional data and information that is available
and necessary for an accurate evaluation; and
Reply to notification
(b) Shall not implement or permit the implementation of
the planned measures without the consent of the notified States.
The notified States shall communicate
their findings to the notifying State as early as possible within the period
applicable pursuant to article 13. If a notified State finds that implementation
of the planned measures would be inconsistent with the provisions of articles
5 or 7, it shall attach to its finding a documented explanation setting
forth the reasons for the finding.
Absence of reply to notification
1. If, within the period applicable
pursuant to article 13, the notifying State receives no communication under
article 15, it may, subject to its obligations under articles 5 and 7,
proceed with the implementation of the planned measures, in accordance
with the notification and any other data and information provided to the
2. Any claim to compensation by a notified State which
has failed to reply within the period applicable pursuant to article 13
may be offset by the costs incurred by the notifying State for action undertaken
after the expiration of the time for a reply which would not have been
undertaken if the notified State had objected within that period.
Consultations and negotiations concerning planned
1. If a communication is made under
article 15 that implementation of the planned measures would be inconsistent
with the provisions of articles 5 or 7, the notifying State and the State
making the communication shall enter into consultations and, if necessary,
negotiations with a view to arriving at an equitable resolution of the
2. The consultations and negotiations
shall be conducted on the basis that each State must in good faith pay
reasonable regard to the rights and legitimate interests of the other State.
3. During the course of the consultations
and negotiations, the notifying State shall, if so requested by the notified
State at the time it makes the communication, refrain from implementing
or permitting the implementation of the planned measures for a period of
six months unless otherwise agreed.
Procedures in the absence of notification
1. If a watercourse State has reasonable
grounds to believe that another watercourse State is planning measures
that may have a significant adverse effect upon it, the former State may
request the latter to apply the provisions of article 12. The request shall
be accompanied by a documented explanation setting forth its grounds.
Urgent implementation of planned measures
2. In the event that the State planning
the measures nevertheless finds that it is not under an obligation to provide
a notification under article 12, it shall so inform the other State, providing
a documented explanation setting forth the reasons for such finding. If
this finding does not satisfy the other State, the two States shall, at
the request of that other State, promptly enter into consultations and
negotiations in the manner indicated in paragraphs 1 and 2 of article 17.
3. During the course of the consultations
and negotiations, the State planning the measures shall, if so requested
by the other State at the time it requests the initiation of consultations
and negotiations, refrain from implementing or permitting the implementation
of those measures for a period of six months unless otherwise agreed.
1. In the event that the implementation
of planned measures is of the utmost urgency in order to protect public
health, public safety or other equally important interests, the State planning
the measures may, subject to articles 5 and 7, immediately proceed to implementation,
notwithstanding the provisions of article 14 and paragraph 3 of article
2. In such case, a formal declaration
of the urgency of the measures shall be communicated without delay to the
other watercourse States referred to in article 12 together with the relevant
data and information.
3. The State planning the measures
shall, at the request of any of the States referred to in paragraph 2,
promptly enter into consultations and negotiations with it in the manner
indicated in paragraphs 1 and 2 of article 17.
PROTECTION, PRESERVATION AND MANAGEMENT
Protection and preservation of ecosystems
Watercourse States shall, individually
and, where appropriate, jointly, protect and preserve the ecosystems of
Prevention, reduction and control of pollution
1. For the purpose of this article,
"pollution of an international watercourse" means any detrimental alteration
in the composition or quality of the waters of an international watercourse
which results directly or indirectly from human conduct.
2. Watercourse States shall, individually
and, where appropriate, jointly, prevent, reduce and control the pollution
of an international watercourse that may cause significant harm to other
watercourse States or to their environment, including harm to human health
or safety, to the use of the waters for any beneficial purpose or to the
living resources of the watercourse. Watercourse States shall take steps
to harmonize their policies in this connection.
3. Watercourse States shall, at the request of any of
them, consult with a view to arriving at mutually agreeable measures and
methods to prevent, reduce and control pollution of an international watercourse,
(a) Setting joint water quality objectives and criteria;
Introduction of alien or new species
(b) Establishing techniques and practices to address pollution
from point and non-point sources;
(c) Establishing lists of substances the introduction
of which into the waters of an international watercourse is to be prohibited,
limited, investigated or monitored.
Watercourse States shall take all
measures necessary to prevent the introduction of species, alien or new,
into an international watercourse which may have effects detrimental to
the ecosystem of the watercourse resulting in significant harm to other
Protection and preservation of the marine environment
Watercourse States shall, individually
and, where appropriate, in cooperation with other States, take all measures
with respect to an international watercourse that are necessary to protect
and preserve the marine environment, including estuaries, taking into account
generally accepted international rules and standards.
1. Watercourse States shall, at the
request of any of them, enter into consultations concerning the management
of an international watercourse, which may include the establishment of
a joint management mechanism.
2. For the purposes of this article,
"management" refers, in particular, to:
(a) Planning the sustainable development of an international
watercourse and providing for the implementation of any plans adopted;
(b) Otherwise promoting the rational and optimal utilization,
protection and control of the watercourse.
1. Watercourse States shall cooperate,
where appropriate, to respond to needs or opportunities for regulation
of the flow of the waters of an international watercourse.
2. Unless otherwise agreed, watercourse
States shall participate on an equitable basis in the construction and
maintenance or defrayal of the costs of such regulation works as they may
have agreed to undertake.
3. For the purposes of this article,
"regulation" means the use of hydraulic works or any other continuing measure
to alter, vary or otherwise control the flow of the waters of an international
1. Watercourse States shall, within
their respective territories, employ their best efforts to maintain and
protect installations, facilities and other works related to an international
2. Watercourse States shall, at the
request of any of them which has reasonable grounds to believe that it
may suffer significant adverse effects, enter into consultations with regard
(a) The safe operation and maintenance of installations,
facilities or other works related to an international watercourse; and
HARMFUL CONDITIONS AND EMERGENCY SITUATIONS
Prevention and mitigation of harmful conditions
(b) The protection of installations, facilities or other
works from wilful or negligent acts or the forces of nature.
Watercourse States shall, individually
and, where appropriate, jointly, take all appropriate measures to prevent
or mitigate conditions related to an international watercourse that may
be harmful to other watercourse States, whether resulting from natural
causes or human conduct, such as flood or ice conditions, water-borne diseases,
siltation, erosion, salt-water intrusion, drought or desertification.
1. For the purposes of this article,
"emergency" means a situation that causes, or poses an imminent threat
of causing, serious harm to watercourse States or other States and that
results suddenly from natural causes, such as floods, the breaking up of
ice, landslides or earthquakes, or from human conduct, such as industrial
2. A watercourse State shall, without
delay and by the most expeditious means available, notify other potentially
affected States and competent international organizations of any emergency
originating within its territory.
3. A watercourse State within whose
territory an emergency originates shall, in cooperation with potentially
affected States and, where appropriate, competent international organizations,
immediately take all practicable measures necessitated by the circumstances
to prevent, mitigate and eliminate harmful effects of the emergency.
4. When necessary, watercourse States
shall jointly develop contingency plans for responding to emergencies,
in cooperation, where appropriate, with other potentially affected States
and competent international organizations.
International watercourses and installations in
time of armed conflict
International watercourses and related
installations, facilities and other works shall enjoy the protection accorded
by the principles and rules of international law applicable in international
and non-international armed conflict and shall not be used in violation
of those principles and rules.
In cases where there are serious obstacles
to direct contacts between watercourse States, the States concerned shall
fulfil their obligations of cooperation provided for in the present Convention,
including exchange of data and information, notification, communication,
consultations and negotiations, through any indirect procedure accepted
Data and information vital to national defence
Nothing in the present Convention
obliges a watercourse State to provide data or information vital to its
national defence or security. Nevertheless, that State shall cooperate
in good faith with the other watercourse States with a view to providing
as much information as possible under the circumstances.
Unless the watercourse States concerned
have agreed otherwise for the protection of the interests of persons, natural
or juridical, who have suffered or are under a serious threat of suffering
significant transboundary harm as a result of activities related to an
international watercourse, a watercourse State shall not discriminate on
the basis of nationality or residence or place where the injury occurred,
in granting to such persons, in accordance with its legal system, access
to judicial or other procedures, or a right to claim compensation or other
relief in respect of significant harm caused by such activities carried
on in its territory.
Settlement of disputes
1. In the event of a dispute between
two or more Parties concerning the interpretation or application of the
present Convention, the Parties concerned shall, in the absence of an applicable
agreement between them, seek a settlement of the dispute by peaceful means
in accordance with the following provisions.
2. If the Parties concerned cannot reach
agreement by negotiation requested by one of them, they may jointly seek
the good offices of, or request mediation or conciliation by, a third party,
or make use, as appropriate, of any joint watercourse institutions that
may have been established by them or agree to submit the dispute to arbitration
or to the International Court of Justice.
3. Subject to the operation of paragraph
10, if after six months from the time of the request for negotiations referred
to in paragraph 2, the Parties concerned have not been able to settle their
dispute through negotiation or any other means referred to in paragraph
2, the dispute shall be submitted, at the request of any of the parties
to the dispute, to impartial fact-finding in accordance with paragraphs
4 to 9, unless the Parties otherwise agree.
4. A Fact-finding Commission shall
be established, composed of one member nominated by each Party concerned
and in addition a member not having the nationality of any of the Parties
concerned chosen by the nominated members who shall serve as Chairman.
5. If the members nominated by the
Parties are unable to agree on a Chairman within three months of the request
for the establishment of the Commission, any Party concerned may request
the Secretary-General of the United Nations to appoint the Chairman who
shall not have the nationality of any of the parties to the dispute or
of any riparian State of the watercourse concerned. If one of the Parties
fails to nominate a member within three months of the initial request pursuant
to paragraph 3, any other Party concerned may request the Secretary-General
of the United Nations to appoint a person who shall not have the nationality
of any of the parties to the dispute or of any riparian State of the watercourse
concerned. The person so appointed shall constitute a single-member Commission.
6. The Commission shall determine its
7. The Parties concerned have the obligation
to provide the Commission with such information as it may require and,
on request, to permit the Commission to have access to their respective
territory and to inspect any facilities, plant, equipment, construction
or natural feature relevant for the purpose of its inquiry.
8. The Commission shall adopt its report
by a majority vote, unless it is a single-member Commission, and shall
submit that report to the Parties concerned setting forth its findings
and the reasons therefor and such recommendations as it deems appropriate
for an equitable solution of the dispute, which the Parties concerned shall
consider in good faith.
9. The expenses of the Commission shall
be borne equally by the Parties concerned.
10. When ratifying, accepting, approving
or acceding to the present Convention, or at any time thereafter, a Party
which is not a regional economic integration organization may declare in
a written instrument submitted to the Depositary that, in respect of any
dispute not resolved in accordance with paragraph 2, it recognizes as compulsory
ipso facto and without special agreement in relation to any Party accepting
the same obligation:
(a) Submission of the dispute to the International Court
of Justice; and/or
A Party which is a regional economic integration organization
may make a declaration with like effect in relation to arbitration in accordance
with subparagraph (b).
(b) Arbitration by an arbitral tribunal established and
operating, unless the parties to the dispute otherwise agreed, in accordance
with the procedure laid down in the annex to the present Convention.
The present Convention shall be open
for signature by all States and by regional economic integration organizations
from 21 May 1997 until 20 May 2000 at United Nations Headquarters in New
Ratification, acceptance, approval or accession
1. The present Convention is subject
to ratification, acceptance, approval or accession by States and by regional
economic integration organizations. The instruments of ratification, acceptance,
approval or accession shall be deposited with the Secretary-General of
the United Nations.
2. Any regional economic integration
organization which becomes a Party to this Convention without any of its
member States being a Party shall be bound by all the obligations under
the Convention. In the case of such organizations, one or more of whose
member States is a Party to this Convention, the organization and its member
States shall decide on their respective responsibilities for the performance
of their obligations under the Convention. In such cases, the organization
and the member States shall not be entitled to exercise rights under the
Entry into force
3. In their instruments of ratification,
acceptance, approval or accession, the regional economic integration organizations
shall declare the extent of their competence with respect to the matters
governed by the Convention. These organizations shall also inform the Secretary-General
of the United Nations of any substantial modification in the extent of
1. The present Convention shall enter
into force on the ninetieth day following the date of deposit of the thirty-fifth
instrument of ratification, acceptance, approval or accession with the
Secretary-General of the United Nations.
2. For each State or regional economic
integration organization that ratifies, accepts or approves the Convention
or accedes thereto after the deposit of the thirty-fifth instrument of
ratification, acceptance, approval or accession, the Convention shall enter
into force on the ninetieth day after the deposit by such State or regional
economic integration organization of its instrument of ratification, acceptance,
approval or accession.
3. For the purposes of paragraphs 1
and 2, any instrument deposited by a regional economic integration organization
shall not be counted as additional to those deposited by States.
The original of the present 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.
Unless the parties to the dispute
otherwise agree, the arbitration pursuant to article 33 of the Convention
shall take place in accordance with articles 2 to 14 of the present annex.
The claimant party shall notify the
respondent party that it is referring a dispute to arbitration pursuant
to article 33 of the Convention. The notification shall state the subject
matter of arbitration and include, in particular, the articles of the Convention,
the interpretation or application of which are at issue. If the parties
do not agree on the subject matter of the dispute, the arbitral tribunal
shall determine the subject matter.
1. In disputes between two parties,
the arbitral tribunal shall consist of three members. Each of the parties
to the dispute shall appoint an arbitrator and the two arbitrators so appointed
shall designate by common agreement the third arbitrator, who shall be
the Chairman of the tribunal. The latter shall not be a national of one
of the parties to the dispute or of any riparian State of the watercourse
concerned, nor have his or her usual place of residence in the territory
of one of these parties or such riparian State, nor have dealt with the
case in any other capacity.
2. In disputes between more than two
parties, parties in the same interest shall appoint one arbitrator jointly
3. Any vacancy shall be filled in the
manner prescribed for the initial appointment.
1. If the Chairman of the arbitral tribunal
has not been designated within two months of the appointment of the second
arbitrator, the President of the International Court of Justice shall,
at the request of a party, designate the Chairman within a further two-month
2. If one of the parties to the dispute
does not appoint an arbitrator within two months of receipt of the request,
the other party may inform the President of the International Court of
Justice, who shall make the designation within a further two-month period.
The arbitral tribunal shall render
its decisions in accordance with the provisions of this Convention and
Unless the parties to the dispute otherwise
agree, the arbitral tribunal shall determine its own rules of procedure.
The arbitral tribunal may, at the
request of one of the Parties, recommend essential interim measures of
1. The parties to the dispute shall
facilitate the work of the arbitral tribunal and, in particular, using
all means at their disposal, shall:
(a) Provide it with all relevant documents, information
and facilities; and
2. The parties and the arbitrators are under an obligation
to protect the confidentiality of any information they receive in confidence
during the proceedings of the arbitral tribunal.
(b) Enable it, when necessary, to call witnesses or experts
and receive their evidence.
Unless the arbitral tribunal determines
otherwise because of the particular circumstances of the case, the costs
of the tribunal shall be borne by the parties to the dispute in equal shares.
The tribunal shall keep a record of all its costs, and shall furnish a
final statement thereof to the parties.
Any Party that has an interest of
a legal nature in the subject matter of the dispute which may be affected
by the decision in the case, may intervene in the proceedings with the
consent of the tribunal.
The tribunal may hear and determine
counterclaims arising directly out of the subject matter of the dispute.
Decisions both on procedure and substance
of the arbitral tribunal shall be taken by a majority vote of its members.
If one of the parties to the dispute
does not appear before the arbitral tribunal or fails to defend its case,
the other party may request the tribunal to continue the proceedings and
to make its award. Absence of a party or a failure of a party to defend
its case shall not constitute a bar to the proceedings. Before rendering
its final decision, the arbitral tribunal must satisfy itself that the
claim is well founded in fact and law.
1. The tribunal shall render its final
decision within five months of the date on which it is fully constituted
unless it finds it necessary to extend the time limit for a period which
should not exceed five more months.
2. The final decision of the arbitral
tribunal shall be confined to the subject matter of the dispute and shall
state the reasons on which it is based. It shall contain the names of the
members who have participated and the date of the final decision. Any member
of the tribunal may attach a separate or dissenting opinion to the final
3. The award shall be binding on the
parties to the dispute. It shall be without appeal unless the parties to
the dispute have agreed in advance to an appellate procedure.
4. Any controversy which may arise
between the parties to the dispute as regards the interpretation or manner
of implementation of the final decision may be submitted by either party
for decision to the arbitral tribunal which rendered it.
Adopted by the UN General Assembly in resolution 51/229
of 21 May 1997 .
In accordance with article 34, the Convention was opened
for signature at United Nations Headquarters in New York, on 21 May 1997
and will remain open to all States and regional economic integration organizations
for signature until 21 May 2000.
Text: U.N. Doc. A/51/869