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1 Wouters, P. 2013. International law – facilitating transboundary water cooperation. Stockholm, Sweden: Global Water Partnership, Technical Committee (TEC). 87p. (GWP TEC Background Papers 17)
International waters ; Water management ; Cooperation ; Water law ; Surface water ; Groundwater ; Economic aspects ; Social aspects ; Environmental effects ; Watercourses ; Case studies ; River basins / Africa / Asia / South America / Central America / Europe / Zambezi River / Niger River / Mekong River / Danube River / Drin River
(Location: IWMI HQ Call no: e-copy only Record No: H045905)
http://www.gwp.org/Global/ToolBox/Publications/Background%20papers/17%20International%20Law%20-%20Facilitating%20Transboundary%20Water%20Cooperation%20(2013)%20English.pdf
https://vlibrary.iwmi.org/pdf/H045905.pdf
https://vlibrary.iwmi.org/pdf/H045905.pdf
(0.80 MB) (822.42 KB)
Surface and underground water do not respect political boundaries. This means that states must cooperate to manage water. (GWP Strategy 2009-2013) Transboundary water resources contribute to the economic, social, and environmental well-being of communities around the globe. Despite their inter-connectivity (national, sectoral), challenges remain in efforts to integrate the management of water resources that are shared across national and administrative borders. As a meta-framework for international relations, international water law provides an identifiable corpus of rules of treaty and customary law that determine the legality of State actions with respect to water resources that cross national boundaries. International water law provides a platform for identifying and integrating the relevant legal, scientific, and policy issues and aspects pertaining to the utilization of transboundary watercourses (such as traditional reference to “all relevant factors and circumstances” in determining equitable use). At an operational level, international law offers a range of tools and mechanisms for implementation through concrete rules containing specific rights and duties as well as procedures that can be invoked in managing transboundary watercourses or resolving interstate conflicts. The GWP network includes a significant number of transboundary watercourses, many of which are covered by functioning treaties. However, some of these agreements are incomplete, or fail to cover the entire basin, or still fail to materialise. Despite the existence of identifiable rules of customary law, cooperation appears to be best facilitated where there are agreements in place. This paper reviews current best practice and suggests that the opportunities for effective transboundary cooperation are enhanced where the following five core elements are addressed in transboundary water treaties– scope; substantive rules; procedural rules; institutional mechanisms; and dispute settlement. Where transboundary watercourse States agree on how these matters will be dealt with in their international water-related relations, the potential for effective cooperation is increased; this is further enhanced where the institutional mechanism that is established (i.e. River Basin Organisation; Meeting of the Parties, and so forth) is fully functional. International law, through its very raison d’etre and functional application, aspires to facilitate transboundary cooperation so as to assist in achieving water security and the laudable goal of water for all.
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