Case Study → Helsinki Water Convention Rules

Context	● The Helsinki Rules on the Uses of Waters of International rivers (1966) provides guidelines on the use of rivers and groundwaters that cross national boundaries ● Goes by the 'equitable use' and 'equitable shares' concept

The Helsinki Convention, signed in 1992, establishes a legal framework for cooperation between countries to prevent and control water pollution across borders. The convention's rules include:

• Preventing pollution: Parties must prevent, control, and reduce pollution, and take measures at the source. They must also apply the precautionary principle, meaning they must act even if science hasn't fully proven a link between substances and pollution.
• Using water equitably: Parties must use transboundary waters in a reasonable and equitable way.
• Managing water sustainably: Parties must ensure sustainable management of transboundary waters, including conserving resources and restoring ecosystems.
• Cooperating: Parties must cooperate by entering into agreements and establishing joint bodies.
• Resolving disputes: The convention sets forth recommendations for resolving disputes over water usage.

The convention also includes the Helsinki Rules, which are 37 articles spread over 6 chapters. Some of the rules include:

• Each basin state is entitled to a reasonable and equitable share of the waters.
• No use should be inherently preferred over others.
• Reasonable use cannot be denied to a basin state based on future uses of other states.
• An existing reasonable use can continue unless other factors outweigh it.
• A use that conflicts with an existing use when it becomes operational is not considered an existing use.