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<br />OJJ377
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<br />DRAFT-Not for distribution
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<br />interests of the watercourse States concerned, consistent with adequate protection of the
<br />watercourse.
<br />2. Watercourse States shall participate in the use, development and protection of an
<br />international watercourse in an equitable and reasonable manner. Such participation
<br />includes both the right to utilize the watercourse and the duty to cooperate in the
<br />protection and development thereof, as provided in the present Convention.
<br />Article 6
<br />Factors Relevant to Equitable and Reasonable Utilization
<br />1. Utilization of an international watercourse in an equitable and reasonable manner
<br />within the meaning of article 5 requires taking into account all relevant factors and
<br />circumstances, including: Geographic, hydrographic, hydrological, climatic, ecological
<br />and other factors of a natural character; the social and economic needs of the watercourse
<br />States concerned; the population dependent on the watercourse in each watercourse State;
<br />the effects of the use or uses of the watercourses in one watercourse State on other
<br />watercourse States; existing and potential uses of the watercourse; conservation,
<br />protection, development and economy of use of the water resources of the watercourse
<br />and the costs of measures taken to that effect; the availability of alternatives, of
<br />comparable value, to a particular planned or existing use.
<br />2. In the application of article 5 or paragraph 1 of this article, watercourse States
<br />concerned shall, when the need arises, enter into consultations in a spirit of cooperation.
<br />3. The weight to be given to each factor is to be determined by its importance in
<br />comparison with that of other relevant factors. In determining what is a reasonable and
<br />equitable use, all relevant factors are to be considered together and a conclusion reached
<br />on the basis of the whole.
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<br />III See, McCaffrey, Stephen C., "Water, Water Everywhere, But Too Few Drops to Drink; The
<br />Coming Fresh Water Crisis and International Environmental Law," 28 Denver Journal of
<br />International Law and Policy 325,333 (Summer 2000). A variant of the "equitable utilization"
<br />principle is sic utere, the concept that a state is obligated not to use, or allow the use of, its
<br />territory for acts contrary to the rights of other states. See, Hyman, Michael A., "Under the
<br />Danube Canopy: The Future of International Waterway Law," 23 William and Mary
<br />Environmental Law and Policy Review 355,361 (Fall 1998).
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<br />112 See, e.g., Mexican Water Treaty, Arts. 4, 10 (b).
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<br />113 Hundley, Norris, Jr., note 54, supra at 25.
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<br />114 Such an approach was rejected in the Lake Lanoux Arbitration (France v. Spain), 24 LL.R.
<br />101 (1957).
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<br />115 Hundley, Norris, Jr., note 54, supra at 20,22,29, 54, 56, 69, 73, 97, 99, 122.
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<br />116 Attributable to Attorney General Judson Harmon (c. 1894, Administration of President
<br />Grover Cleveland; advice to Secretary of State Richard Olney. The State Department did not
<br />have its own legal aaviser at this time). The Harmon Doctrine carried with it the implication that
<br />states are free to impose the externalities of their use of natural resources on other states. See,
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