Part V Subject Matter, Ch.30 Freshwater Resources

This chapter traces the evolution of the legal regime for environmental protection of shared watercourses. Codification of international water law began only in 1970, when the International Law Commission (ILC) started to work on a draft convention on the law of the non-navigational uses of international watercourses. After close to a quarter of a century, five rapporteurs, and fifteen reports, the ILC completed its work and adopted the draft United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses (Watercourses Convention). In parallel, the United Nations Economic Commission for Europe (UNECE) Convention on the Protection and Use of Transboundary Watercourses and International Lakes (Water Convention) was adopted in 1992, and entered into force in 1996. The chapter then analyses and compares the environmental provisions of these two global Conventions. It also considers the influence of the two Conventions on the environmental provisions of subsequent regional and bilateral treaties.

Water Security and International Law

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.