Facilitating Transboundary Water Cooperation
Facilitating transboundary cooperation in the management of water resources is a significant global challenge, with diverse governance structures across different regions. International water law plays a crucial role in providing a framework for addressing these challenges, encompassing a system of legal rules, norms, and general principles governing inter-State relations in various areas of human activities. Various international agreements and treaties, such as the UN International Watercourses Convention and the UNECE Water Convention, outline the rights and obligations of States concerning transboundary water resources. Through a combination of binding and non-binding instruments, efforts are made to promote cooperation and sustainable management of shared watercourses at both global and regional levels.
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Presentation Transcript
International Law- Facilitating Transboundary Water Cooperation By Patricia Wouters www.gwp.org
1. 1. Transboundary Water Resources : Transboundary Water Resources : The Challenge The Challenge Facilitating transboundary cooperation still is a serious challenge In different regions transboundary waters are differently governed Africa: Many transboundary rivers governed by multilateral agreements Asia: International agreements but diverse interests South and Central America: Largely unregulated transboundary watercourses Europe: Region-wide legal instrument covering transboundary waters www.gwp.org 24 August 2015
2. International Water Law: Rules 2. International Water Law: Rules and Practice and Practice International Law: System of legal rules, norms and general principles, substantive and procedural rules- that govern inter- State relations in various areas of human activities such as international trade, maritime and outer space activities, environmental protection, as well as access to and use of transboundary natural resources. International law provides an overarching framework for addressing water-related challenges and concerns that span across scales, sectors and disciplines. www.gwp.org 24 August 2015
2.1 International Water Law in Practice 2.1 International Water Law in Practice Idea of cooperation Wide range of binding and non-binding instruments Global instruments: 1997 UN International Watercourses Convention (UNWC) Right to Water and Sanitation Regional Level: UNECE Water Convention 2000 SADC Revised Protocol on Shared Watercourses www.gwp.org 24 August 2015
2.2 Treaties and State Practice 2.2 Treaties and State Practice More than 400 treaties apply to transboundary water resources Customary international law confer some general legal entitlements and impose obligations on watercourse States www.gwp.org 24 August 2015
2.3 Core elements of transboundary 2.3 Core elements of transboundary watercourse regimes watercourse regimes www.gwp.org 24 August 2015
3. Transboundary Cooperation in Practice 3. Transboundary Cooperation in Practice Macro Level Provides legal parameters for state action International law serves as a platform for integration Micro Level Provides a framework for implementing agreed rules Provides mechanisms for monitoring and ensuring national compliance www.gwp.org 24 August 2015
Case Studies Case Studies Zambezi Watercourse The Niger River Basin The Mekong River Basin The Danube River Basin The Drin River Basin www.gwp.org 24 August 2015
5. Lessons Learned 5. Lessons Learned Observations from a regional perspective: Africa has multilateral agreements combined with a growing support for the UNWC Across Europe and Central Asia the influence of the principal regional legal instruments is significant In Asia in case of the Mekong river it is shown that cooperation around an institutional mechanism can advance despite considerable diversity in the region www.gwp.org 24 August 2015
6. Looking to the future 6. Looking to the future Different international organizations highlight the importance of transboundary cooperation In the future more research is needed on how international law might facilitate transboundary water cooperation www.gwp.org 24 August 2015
6. Looking to the 6. Looking to the future future Possible ways forward include: Targeted support for enhancing national capacity in transboundary water resources development and management, including water law as a part of the mix with a focus on achieving IWRM and water security Continued support for the UN s transboundary water-related activities including its current work on water security aligned with the fundamental tenets of the UN and support for the entry into force of the UNWC as well as support for universal accession to the UNECE Water Convention Renewed global community focus on the duty to cooperate in developing and managing the world s shared water resources. www.gwp.org 24 August 2015
Read this background paper of Global Water Partnership and share with those who need to know about it: http://www.gwp.org/en/ToolBox/PUBLICATIONS/Background-papers/ www.gwp.org 24 August 2015
