O sistema de solução de controvérsias da convenção de Nova Iorque de 1997

Abstract

The article describes the dispute settlement system of the United Nations Convention on the Law of Non-Navigational Uses of International Watercourses so as to provide a detailed interpretation and evaluate its ability to promote greater legitimacy and legal certainty. Therefore, we make the interpretation of conventional rules to verify which functions such a system can perform through the delegation to third parties of the power to intervene in their behavior and decide their disputes, creating international hard law in order to foster voluntary compliance. The resource to ICJ or arbitration (third party with final decision-making power ) is restricted to situations in which the parties consent to the adjudication in a specific case or through the optional clause of compulsory jurisdiction . The text, however, provide for mandatory negotiations and commissions of inquiry . This, however , does not bar the performance of the main functions of dispute settlement systems; it is a possible and appropriate option to increase the number of potential signatory and acceding states . Given the recent entry into force of the Convention , this article does not provide empirical evidence supporting the hypothesis that the dispute settlement system adopted is able to generate greater compliance and commitment to the governance of international rivers . However, given the absence of interpretation and analysis of the instruments adopted by the Convention , the article contributes to evaluate its possible adoption by riparian states of the Plate and the Amazon basins.