www.gwp.org international law- facilitating transboundary water cooperation by patricia wouters

www.gwp.org

International Law- Facilitating Transboundary Water Cooperation

By Patricia Wouters

www.gwp.orgAugust 201524

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

1. Transboundary Water Resources : The Challenge


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.

2. International Water Law: Rules and 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

2.1 International Water Law in Practice


• More than 400 treaties apply to transboundary water resources• Customary international law confer some general legal entitlements

and impose obligations on watercourse States

2.2 Treaties and State Practice


2.3 Core elements of transboundary watercourse regimes


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


• Zambezi Watercourse• The Niger River Basin• The Mekong River Basin• The Danube River Basin• The Drin River Basin

Case Studies


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

5. Lessons Learned


• 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

6. Looking to the 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.

6. Looking to the future


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 international law- facilitating transboundary water cooperation by patricia wouters

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