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Published online by Cambridge University Press: 28 February 2017
1 This paper is based on a presentation given at the 102nd Annual Meeting of the American Society of International Law, Washington, DC, Apr. 11, 2008.
1 U.N. Convention on the Law of Non-Navigational Uses of International Watercourses, 21 May 1997, Un. Doc. A/RES/51/229 (1997), reprinted in 37 ILM 700 (1998).
2 See e.g. Case Concerning the Gabèfkovo-Nagymaros Project (Hungary/Slovakia), 1997 I.C.J. 7 (Sept. 25).
3 Report of the International Law Commission on the Work of its Fifty-Eighth Session, Shared Natural Resources, 61st Session, Supplement No. 10 (A/61/10) (2006), ¶ 72, at 184.
4 Eckstein, Gabriel, Commentary on the U.N. International Law Commission ‘s Draft Articles on the Law of Transboundary Aquifers, 18 Colo. J. Int’l Envtl. L. & Poly 538, 553, 560-561 (2007)Google Scholar.
5 See Sipriano v. Great Spring Waters of Am., 1 S.W. 75 (1999) (upholding the rule established in Houston & Texas Central Rr. Co. v. East, 81 S.W. 279 (1904), which was based on Frazier v. Brown, 12 OH 294 (1861), one of a number of cases characterizing groundwater as akin to the “occult”).
6 Gabriel Eckstein, Unofficial notes of meeting of UNESCO advisory group to Ambassador Chusei Yamada, Tokyo, Japan, January 28-30, 2008 (on file with author).