scholarly journals International Law for Transboundary Aquifers: A Challenge for Our Times

AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 201-206
Author(s):  
Gabriel Eckstein
Keyword(s):  
International Law ◽  
Surface Waters ◽  
Water Scarcity ◽  
Transboundary Rivers ◽  
Legal Norms ◽  
Cross Border ◽  
Growing Pains ◽  
Rivers And Lakes ◽  
International Water Law ◽  
International Water

Quarrels between states sharing a transboundary aquifer (TBA) have been relatively minor in comparison with the more boisterous disputes seen in many of the world's shared river basins. Yet, transboundary groundwater can easily serve as the basis for cross-border disagreements. Twice as many TBAs and shared groundwater bodies have been identified globally as compared to transboundary rivers and lakes, and the volume of accessible groundwater exceeds all surface waters by a factor of one hundred. Yet, the number of treaties in force for TBAs is miniscule in comparison with those for transboundary rivers and lakes. Moreover, dozens of nations exploit groundwater from a TBA, often unilaterally and without knowing the cross-border implications, or even that the aquifer is transboundary. The lack of prioritization of groundwater in international practice and law, coupled with the reality that groundwater is “out of sight,” and thereby “out of mind,” has relegated shared aquifers as the neglected stepchildren of international water law. But, with many of the world's nations experiencing growing water scarcity and stress, this situation undoubtedly will change. This essay highlights the growing pains of international groundwater law and the challenges for its identification and articulation. Specific hydrogeologic characteristics of various TBAs are presented and, where relevant, placed in the context of water scarcity and security and recognized international legal norms.

Transboundary watercourses, dams and human migration: an international water law perspective

2020 ◽  
Vol 9 (2) ◽  
pp. 154-175
Author(s):  
Tamar Meshel
Keyword(s):  
International Law ◽  
Information Exchange ◽  
Human Migration ◽  
Water Law ◽  
Potential Contribution ◽  
Cross Border ◽  
Significant Harm ◽  
International Water Law ◽  
International Water ◽  
Transboundary Watercourses

This article examines the potential contribution of international water law (IWL) to alleviating the negative cross-border impacts of ‘dam-induced migration’, the displacement of individuals or communities resulting from dam construction. While much has been written on efforts to deal with this global problem in other areas of international law, the application of IWL in this context has yet to be meaningfully explored. But since dams are frequently constructed on transboundary watercourses, the principles of IWL (no significant harm, equitable and reasonable utilisation, and the duty to cooperate) may prove relevant and useful to mitigating the harmful cross-border impacts of dam-induced migration. The no significant harm principle requires States to comply with a due diligence standard of conduct designed to avoid, minimise, or compensate for significant harm that might result from the use of shared watercourses, including harm to human life or health. The equitable and reasonable utilisation principle obligates each basin State to use an international watercourse in a manner that is equitable and reasonable vis-à-vis the other States sharing it. The duty to cooperate requires States to collaborate in the management and use of shared watercourses and sets out concrete measures to enable collaboration, such as information exchange, consultations, and the establishment of joint institutions. Taken together, these IWL principles can effectively guide the planning, construction, and operation of dams on shared watercourses. Applying them to the specific issue of dam-induced migration, moreover, could promote inter-State cooperation and accountability, facilitate the resolution of disputes, and alleviate negative cross-border impacts. In this way, IWL can supplement other areas of international law in providing a comprehensive solution to the growing problem of dam-induced migration.

International Water Law in Central Asia: The Nature of Substantive Norms and what Flows from It

2011 ◽  
Vol 2 (1) ◽  
pp. 169-192 ◽  
Author(s):  
Dinara ZIGANSHINA
Keyword(s):  
International Law ◽  
Water Security ◽  
Aral Sea ◽  
Aral Sea Basin ◽  
Transboundary Waters ◽  
Security Issues ◽  
Central Asian ◽  
International Water Law ◽  
International Water ◽  
Reasonable Use

Water security issues arising from the Central Asian states’ heavy reliance on, and competition over, the shared waters of the Aral Sea Basin have attracted urgent political and academic discussion. However, any analysis of the role that international law plays in addressing these substantive complex problems remains incomplete and imprecise. This article sets the stage for a deeper understanding of international law and of its potential operation in the context of the transboundary waters in the Aral Sea Basin. It seeks to explore the substantive norms operating in the field, namely, the rule of equitable and reasonable use, the no-harm rule, and obligations relating to environmental protection, with a view to understanding how these substantive norms work and ascertaining what conduct is required of the states with respect to their shared watercourses.

scholarly journals Problems of formation of an international regime of the joint use and protection of international watercourses

Lex Russica ◽  
2019 ◽  
pp. 73-86
Author(s):  
Yu. A. Sluchevskaya
Keyword(s):  
Water Resources ◽  
International Law ◽  
Negative Impact ◽  
Information Support ◽  
Legal Regime ◽  
Economic Changes ◽  
Legal Norms ◽  
High Conflict ◽  
International Water ◽  
State Relations

The article is devoted to the problem of formation of modern international legal regime of joint use and protection of international watercourses that is aimed at effective provision of water to the States of international watercourse with due respect to new challenges and threats that have a negative impact on international water resources. The model is based on the concept of “international watercourse” that has the following features: 1) international watercourses include surface and ground waters; 2) a spatial and territorial criterion of an international watercourse that means crossing of the border between two or more States or being on their border; 3) the use of international watercourses affects the interests of two or more States; 4) the special international legal regime for the use of international watercourses that has developed within the framework of international law development; 5) special requirements for the protection of ecosystems of international watercourses that include protection from pollution and other forms of degradation of lands and forests adjacent to international watercourses, their fauna and flora; as well as seas into which watercourses flow; 6) a high conflict potential in the use of water resources of international watercourses. The analysis of the provisions of the doctrines of joint use and protection of transboundary waters shows that the formation of international water law should timely take into account human factors, technological and socio-economic changes. The modern international law model of the joint use and protection of international watercourses is a system of international legal norms regulating inter-state relations in the following areas: prevention, limitation and reduction of transboundary impact; protection of ecosystems of international watercourses; rational use of waters of international watercourses, effective management of water resources of international watercourses (including establishment and functioning of international basin organizations); information support of the population with regard to international watercourses.

scholarly journals Water Security and International Law

2017 ◽  
Vol 20 ◽  
pp. 1 ◽  
Author(s):  
Tuomas Kuokkanen
Keyword(s):  
International Law ◽  
Environmental Law ◽  
Water Security ◽  
Point Of View ◽  
Management Approach ◽  
Water Law ◽  
Rules And Principles ◽  
International Water Law ◽  
International Water ◽  
The Relationship

The article explores water security from an international law point of view. The article argues that in order to better understand water security it is important to focus on the function of international water law. Even though water security is a relatively recent concept it was latent in the process of the evolution of international water law.  In addition, the article examines the relationship between man and water from the point of view of water security. The article seeks to answer the question: how does international water law deal with that relationship? Is water only an object to be utilized and protected or has the relationship become more complex and ambivalent through the occurrence of various extreme events. Furthermore, the article places the concept of water security into a historiographical and substantive context. It explores three broad approaches by international law to water issues: general international law, the regulatory approach and the management approach. The article argues that they are all relevant to water security. Finally, the article seeks to demonstrate that even though water security has emerged as a new notion, this does not mean that international law does not include rules and principles relevant for water security. Indeed, many general principles of international law are applicable in the context of water security. In addition, specific regulations dealing with water quantity and quality issues have been developed in international environmental law, although they are not necessarily labelled as water security rules. Moreover, various risk management methods have been elaborated to deal with water-related disasters and crises. Reciprocally, water security arguments are not necessarily new notions but rather reflect already existing concepts and principles. 

scholarly journals O Papel do Institut du Droit International e da International Law Association na Codificação das normas do Direito Internacional de Águas: entre hard law e soft law

2018 ◽  
Vol 1 (39) ◽  
Author(s):  
Gildo Manuel Espada
Keyword(s):  
International Law ◽  
International Organizations ◽  
Soft Law ◽  
Water Law ◽  
Hard Law ◽  
The Status ◽  
International Water Law ◽  
International Water ◽  
Droit International ◽  
Vital Resource

RESUMOA importância da água como recurso vital para a humanidade e as disputas sobre o acesso a este recurso são cada vez mais intensas. Aliado a estes factos, acontece que grande parte dos recursos de água do planeta faz parte de recursos hídricos partilhados entre dois ou mais Estados. Este facto fez com que algumas organizações internacionais, mormente o Institut du Droit International e a International Law Association se esforçassem em codificar o Direito Internacional de Águas. Entretanto, apesar de todo o esforço feito, as normas aprovadas não obtiveram o estatuto de hard law, sendo aplicadas na qualidade de normas de soft law. Discutimos aqui a validade e importância de tais normas, no âmbito da Codificação do Direito de Águas. Para tal, fazemos um levantamento bibliográfico que visa o resgate histórico do surgimento do Direito de Águas, e trazemos importantes conceitos aplicáveis à temática. PALAVRAS-CHAVECodificação. Direito. Águas. ABSTRACTThe importance of water as a vital resource for humanity and the disputes over access to this resource are increasingly intense. Together with these facts, a large part of the planet´s water resources are shared between two or more States. These facts have led to a number of international organizations, including the Institut de Droit International and the International Law Association to embark in efforts to codify the International water Law.  However, despite all the efforts made, the rules adopted did not obtain the status of hard law, being only accepted and applied as soft law. We discuss here the validity and importance of such standards, within the framework of the codification of water law. To do this, we make a bibliographical research that aims to review the emergence of Water Law historically, and to bring important concepts applicable to this thematic. KEYWORDSCodification. Law. Water.

scholarly journals The Legitimacy of Dam Development in International Watercourses: A Case Study of the Harirud River Basin

2019 ◽  
Vol 8 (02) ◽  
pp. 247-278 ◽  
Author(s):  
Mohsen Nagheeby ◽  
Mehdi Piri D. ◽  
Michael Faure
Keyword(s):  
River Basin ◽  
Customary Law ◽  
Water Law ◽  
Transboundary Water ◽  
Legal Norms ◽  
Water Cooperation ◽  
International Water Law ◽  
International Water ◽  
Transboundary Water Cooperation

AbstractThis article examines the international legitimacy of unilateral dam development in an international watercourse from the perspective of international water law. Drawing upon technical analysis over the Harirud River Basin, the article discusses probable negative impacts of unilateral dam development in Afghanistan on downstream Iran and Turkmenistan. Competing claims are analyzed to assess emerging transboundary damage under customary international water law. Applying these insights to the case study, this article explores how legal norms and principles can contribute to transboundary water cooperation. It investigates how equitable and reasonable utilization, as required by the United Nations Watercourse Convention, could be reached and whether current activities are in conformity with international norms. Based on this analysis and in the light of international customary law, the article questions the compatibility of unilateral control and capture of water resources in Afghanistan, particularly through the Salma Dam, with ‘equitable and reasonable utilization’ and ‘no significant harm’ rules. The article also argues that building the Salma Dam results in significant transboundary harm to downstream states. Hence, such harm could be considered as significant transboundary damage. Conclusions point to an understanding of water law as a form of institutional guidance in order to provide a transparent setting for transboundary water cooperation among riparian states.

Moving Ahead in Protecting Freshwater Resources: The International Law Commission's Draft Articles on Transboundary Aquifers

2009 ◽  
Vol 22 (4) ◽  
pp. 801-821 ◽  
Author(s):  
KERSTIN MECHLEM
Keyword(s):  
International Law ◽  
Groundwater Resources ◽  
Water Law ◽  
Polar Ice ◽  
Freshwater Resources ◽  
Un General Assembly ◽  
International Water Law ◽  
International Water ◽  
International Law Commission ◽  
Transboundary Aquifers

AbstractOn 11 December 2008 the UN General Assembly adopted a set of draft articles on the law of transboundary aquifers which had been prepared by the International Law Commission (ILC) between 2002 and August 2008. These draft articles are the first official instrument that lays down rules of international law for the management and protection of groundwater, which makes up 97 per cent of the Earth's freshwater resources, excluding the resources locked in polar ice. This article discusses the contribution of the draft articles to the development of international water law. It first provides some background on the importance of shared groundwater resources, then describes the ILC's work on transboundary aquifers, and finally assesses in detail the draft articles and the way ahead.

scholarly journals Water Security and International Law

2021 ◽  
Vol 17 (1) ◽  
Author(s):  
Philippe Cullet ◽  
Lovleen Bhullar ◽  
Sujith Koonan
Keyword(s):  
International Law ◽  
Water Security ◽  
Annual Review ◽  
Publication Date ◽  
Water Insecurity ◽  
Security Discourse ◽  
Hybrid Framework ◽  
International Water Law ◽  
International Water ◽  
Dominant Paradigm

International law seeks to ensure water security and to prevent or resolve conflicts leading to water insecurity. This relationship is based on a hybrid framework comprising binding and nonbinding instruments. The multi-scalar dimensions of water (in)security are recognized, but further engagement is required. The link between international law and water (in)security is considered primarily through the lens of international water law, which focuses on transboundary (surface) watercourses. Groundwater—the other main source of water and determinant of water (in)security—receives little attention. Further, the traditional state-centric approach, with its emphasis on sovereignty and cooperation, remains the dominant paradigm despite some attempts to redefine it. Several other branches of international law present opportunities for expanding international law's engagement with the water security discourse. Finally, the climate change challenge requires a reconsideration of international law's approach to water (in)security while considering the global dimensions of water. Expected final online publication date for the Annual Review of Law and Social Science, Volume 17 is October 2021. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.

Notification concerning Planned Measures on Shared Watercourses

2019 ◽  
Vol 4 (2) ◽  
pp. 1-106
Author(s):  
Salman M. A. Salman
Keyword(s):  
International Law ◽  
World Bank ◽  
The World Bank ◽  
Wide Acceptance ◽  
The World ◽  
Different Types ◽  
Legal Foundations ◽  
International Water Law ◽  
International Water ◽  
Implementation Experience

AbstractNotification of co-riparian states of planned measures on shared watercourses has been widely accepted as an established principle of international water law, and is codified and elaborated in the United Nations Watercourses Convention. However, despite this wide acceptance, issues have arisen in operationalizing notification, and in dealing with the different types of responses that may ensue following notification. The World Bank has been financing projects on international watercourses since its inception in the late 1940s, and has built an extensive wealth of policies and experience in this field. This monograph discusses the historical and legal foundations of notification under international law, analyses the policies and implementation experience of the World Bank thereon, and identifies comparators and synergies between the provisions of the Watercourses Convention and the Bank policies and practice.

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