The Helsinki Rules,the UN Watercourses Convention and the Berlin Rules: Perspectives on International Water Law

Shared water resources remain the most important area without a universal treaty regulating the uses and protection of such resources. This is notwithstanding the extensive work of two scholarly non-governmental organizations, the Institute of International Law and the International Law Association, as well as the work of the International Law Commission of the United Nations. The work of those institutions resulted in some basic international water law rules, such as the Helsinki and Berlin Rules, and the United Nations Watercourses Convention. The paper analyzes those instruments, discusses the basic areas of similarities and differences among them, and examines the basic challenges facing international water law.     

Japan's ODA and the WCD Recommendations: Applicability of Comprehensive Options Assessment in JICA Development Studies

Abstract

The paper examines the applicability of the recommendations made by the World Commission on Dams (WCD) in the context of Japan's Official Development Assistance (ODA). The WCD recommendations are desirable and can be used to solve some of the social and environmental problems associated with the construction of large dams. However, it is difficult to apply them to Japanese ODA projects unless further methodological and institutional developments are made. Special attention is given here to the issue of “comprehensive options assessment,” which is to be applied to development studies (pre-feasibility and feasibility studies) conducted by the Japan International Cooperation Agency (JICA). In reviewing the WCD recommendations, the authors identify some strengths and weaknesses of the proposed strategic priority of “comprehensive options assessment.” After empirically analyzing the 65 reports on feasibility studies for dam construction projects conducted by the JICA during the period from 1975 to 2001, the authors argue that the policy and institutional settings for Japan's ODA impede, rather than promote, “comprehensive options assessment.” Some policy implications for Japan's ODA are drawn from the analysis.     

The 1997 United Nations Convention on the Law of Non-navigational Uses of International Watercourses: what contribution to the development of the Water Charter for the Volta Basin?

In 2007, the six riparian countries of the Volta Basin adopted the Convention on the Status of the Volta River and the Establishment of Volta Basin Authority (Volta Basin Convention). This legal framework is strongly inspired by the United Nations Convention on the Law of Non-navigational Uses of International Watercourses (UNWC). However, the Volta Basin Convention merely states the major international river management principles without specifying either the terms or the procedures for their implementation. This article examines the potential contribution of the UNWC provisions to the development of a water charter.     

Influence of dams on river water‐quality signatures at event and seasonal scales: The Sélune River (France) case study

Dams and reservoirs are known to disturb river‐water composition, among other impacts, with potential implications for downstream river ecosystems and water uses. Existing studies have emphasized the variable influence of dams on water composition according to the element, its speciation (dissolved vs. particulate), reservoir properties (residence times), reservoir functions (e.g., hydropower, irrigation), and management (water releases). A now common approach to analyzing hydrological, geochemical, and biological controls on element export from unregulated rivers is to study hydrochemical signatures such as concentration‐flow relationships. We investigated a case study to analyze hydrochemical signatures of a regulated river (Sélune River, western France) upstream and downstream of a chain of two hydropower dams, assuming that the dams disturbed the river's signatures, and that those disturbances would provide information about processes occurring in the reservoirs. Both seasonal and event‐scale signatures were analyzed over two contrasting hydrological years and a range of storm events. The dams induced a chemostatic downstream response to storm events whenever elements were diluted or concentrated upstream. Dams did not disturb the seasonality of major anions but did modify silica and phosphorus concentration‐flow relationships, especially during low flow. Such changes in dynamics of river‐water composition may affect downstream biological communities. This study presents an initial state of the hydrochemical signature of the downstream river, before the removal of the two dams.     

Strategies to manage stream flow to benefit people and nature: a non-government conservation organisation's perspective.

More than for any other biome, freshwater biodiversity is increasingly imperiled, particularly due to poor stream flow management and increasing demand for water diversions. The adoption by the world's governments of targets to extend water services to the poor and at the same time to conserve biodiversity increase the need to better direct investments in freshwater management. In this paper WWF draws on examples from its work to identify areas where investment can be focused to assure efficient water use and improve stream flow management, namely: Prioritize and target those river basins and sub-catchments that are most critical for conservation of freshwater biodiversity to maintain stream flows; Link strategic field, policy and market interventions at different scales in river basins to maximize the impact of interventions; Implement the World Commission on Dams guidelines to minimize investment in large scale and costly infrastructure projects; Apply market mechanisms and incentives for more sustainable production of the world's most water consuming crops Enhance statutory river basin management organizations to draw on their regulatory and financial powers; Implement international agreements, such as the Convention on Wetlands; Integrate environment and development policies.     

Entry into force of the UN Watercourses Convention: why should it matter?

The United Nations Watercourses Convention entered into force on 17 August 2014, following a long and complex journey that dates back to 1970 when the UN referred the matter to its legal arm, the International Law Commission. This article follows the Convention through that long and turbulent road, examines its main provisions and analyses the reasons for the delay of its entry into force. It concludes by answering the question of why entry into force of the Convention should indeed matter.     

Transboundary Water Policies: Assessment, Comparison and Enhancement

Transboundary water treaties are evaluated and compared using Multiple Criteria Decision Analysis (MCDA) in order to identify the most desirable treaty and suggest how existing treaties can be improved. More specifically, a flexible MCDA technique, called the Elimination Method, is employed for analyzing and comparing three multilateral treaties and one bilateral transboundary treaty according to three main criteria, which focus on each treaty’s capacity in dispute avoidance and resolution. The three multilateral agreements and one bilateral treaty which are studied consist of the 1998 Rhine Convention, 1995 Mekong River Basin Agreement, 1992 United Nations Economic Commission for Europe Convention, and the 1909 Boundary Waters Treaty between Canada and the United States, respectively. The analytical results reveal limitations of these international water policies with respect to conflict resolution, and provide directions for the possible improvement in cooperation over international water resources.     

Institutional factors affecting fish passage in the Columbia River Treaty renegotiation

ABSTRACT

The United States and Canada have begun renegotiating the Columbia River Treaty, which is an international model for transboundary water governance. This paper identifies six institutional factors that will affect negotiations pertaining to fish passage during the renegotiation of the treaty: geographical advantage, issue linkage, a basin commission, the duration of agreements, negotiating autonomy and side payments. These factors and the methods used to determine them can be applied to other transboundary river basins where basin states have a history of transboundary resource governance. This analysis also serves as a policy-relevant resource for Columbia River Treaty negotiators and stakeholders.     

Development of the Mekong River Basin,Its Problems and Future Prospects

ABSTRACT

The Mekong River basin covers six Asian countries, with 50 million inhabitants. Its development would greatly improve their living standards, now at near-subsistence levels.

Beginning in the 1950s, the United Nations proposed a collaborative study for comprehensive international development in its lower basin. Leading industrialized nations supported this proposal and launched various studies on hydropower, irrigation, navigation, fisheries, and flood control. These studies led to the completion of several domestic dam projects.

The onset of the Viet Nam War suspended further surveys. The end of hostilities enabled development studies to resume. Meanwhile, China, located in the upper basin, started the development of dams on the mainstream and tributaries.

This paper describes the necessity, history, and problems of the development and the status of the entire river basin. It also describes several prerequisites for its sustainable development, and the vision needed by the nations cooperating in the Mekong's development.     

Candidates for the next IWRA Executive Board, 2013–2015

Abstract

The international cooperation to control the water quality of the Rhine river is widely rated as successful. By the turn of the century the cooperation has resulted in a well-elaborated international regime. This article reviews the development of the Rhine regime. Explanations for this development are found in the policies of the downstream Dutch government, the activities of NGOs, the efforts of upstream riparian states, and in the activities of the International Commission for the Protection of the Rhine. The gradual improvement of the water quality also helped the progressive regime development along.     

United Nations General Assembly Resolution: International Decade for Action,Water for Life, 2005–2015

Abstract

Of the voluminous resolutions issued by United Nations General Assembly, the Millennium Declaration, adopted in 2000, is one of the most significant. It specifies eight development goals and sets the year 2015 as the target date for achieving such goals. Although water is not explicitly mentioned as one of those eight principal goals, it is specified as a subset under one of those goals. Three years later, the United Nations General Assembly paid special attention to water by issuing a separate resolution declaring the period 2005 to 2015 as the “International Decade for Action, Water for Life.” This article reviews and discusses the Resolution and analyzes its added value.     

Modelling Equitable and Reasonable Water Sharing in Transboundary Rivers: the Case of Sirwan-Diyala River

There are over 260 transboundary river and lake basins in the world that many of them are facing great challenges of water sharing between riparian countries concerned. The 1997 UN Watercourses Convention, entered into force in 2014, includes articles and factors on water sharing which have not been completely used for modelling of the basins yet. In this paper, legal aspects (i.e. Articles 5, 6, 7 and 10 of the Convention) are integrated with a technical approach for water allocation in transboundary rivers. For this purpose, a new conceptual model is developed for quantification of the Convention provisions concerning equitable and reasonable water sharing. The method is applied to the Sirwan-Diyala transboundary river shared by Iran and Iraq. Some indicators are developed and quantified for determination of water shares of the riparian countries and different scenarios considering extreme and equal weights of the factors are defined. The basin is simulated by WEAP model to evaluate effects of the scenarios on up- and downstream of the basin. Five demand management alternatives comprising increasing of irrigation efficiency and eliminating second cultivation are proposed as appropriate measures for elimination or mitigation of possible significant harm. The proposed technical-legal approach paves the way for enhancing bargaining potentials of the riparian countries and increasing their cooperation to achieve a win-win solution in using waters of transboundary rivers.     

From Marrakech through The Hague to Kyoto: Has the Global Debate on Water Reached a Dead End?

Abstract

Although the first World Water Forum was held in 1997, realization by the world community of the vast array of problems facing the water sector dates back to the seventies. Indeed, the Mar del Plata Water Conference that was held in 1977 can be considered the first world water forum. Since that time, a series of international conferences, including the three world water forums that were held in Marrakech, The Hague, and Kyoto, have been organized to discuss the existing and emerging water problems. Such conferences and forums have debated the major issues regarding management and development of water resources, and have adopted a number of resolutions, declarations, and action plans. The debate on many of those issues has sharpened in recent years and the resolutions, declarations, and action plans have multiplied. This article discusses the basic elements of the debate and the areas of differences between the various groups, and assesses the efficacy and impact of the resolutions, declarations, and action plans adopted at those conferences.

This is the first of a two-part article, the second of which will be published in the next issue of this Journal.     

Recent Developments of the International Law Commission Regarding International Watercourses and Their Implications for the Nile River

ABSTRACT

The International Law Commission of the United Nations has recently presented a set of Rules on the Non-Navigational Uses of International Watercourses to the General Assembly for approval. This article evaluates the potential implications of this new legal regime for the unusual but important case of the Nile River; which is dominated by the strength and control of its furthest downstream state, Egypt. The relationship between upstream and downstream riparian states is critical in determining the applicability of any new legal regime as is shown by the Nile River example.

This article begins with a presentation and evaluation of the International Law Commissions new legal framework for international watercourses with primary focus on the General Principles. Following an evaluation of these general principles, the international situation of the Nile River is described, illuminating the need for new legal solutions to historically troublesome water conflicts. The article concludes with an evaluation of the potential implications of the International Law Commission's Rules on the Non-Navigational Uses of lnternational Watercourses for the Nile River and more broadly for international water law in general.     

Historical development and the present status of Japanese dams

Dams have contributed to population growth and technological innovation by reducing the risk of flooding and allowing humans to cultivate productive alluvial soils on river floodplains. However, in countries where many dams have already been constructed, many problems have been observed, such as river environment degradation, aging of the embankments, and inadequate dam performance. As the social and natural environment surrounding dams is becoming more complex and diverse, it is necessary to understand the current overall status of dams and the history of their construction such that we may consider how social capital and dams are related to human society and the natural environment. In this study, the relationship of basic information of dams and the social background in which the dams exist was examined for Japan, where dam construction began in earnest in the late 1800s and became a driving force for economic development. The situations surrounding dams are drastically changing, as maintenance and management costs increase due to the aging of dams and water demand varies due to changes in the industrial structure of a region. Simultaneously, there are instances where dams are expected to reduce damage, such as in the presence of more severe and frequent droughts and floods caused by climate change. It is therefore necessary to remove or restructure dams while considering numerous complex and diverse factors, such as the local social conditions, potential future changes, and environmental impact of rivers.     

The Participatory Regime of Water Governance in the Iberian Peninsula

Abstract

Transparency and public participation are important ingredients to achieve effective water governance. Since the Rio Conference, diverse international instruments advocate access to information and public participation in river basin management. At the European Union level, the Water Framework Directive (WFD) establishes specific obligations for member states to include the public in the planning and management of river basins processes. In addition, the WFD Guideline on Public Participation includes three forms of public participation: active involvement, consultation, and provision of information. At the present moment, Spain has a legal and institutional framework that allows a very limited participatory process: only water users holding an economic stake can participate in the management of Spanish river basins. Concerning transparency, the law establishes the right to accede to information but this right has two different levels: for the general public and for water users. In the Iberian shared river basins regulated by the 1998 Luso-Spanish Convention, mechanisms allowing public participation in the terms of the WFD are not in place yet. It is necessary to reform the legal and institutional framework to facilitate real participation and to achieve effective water governance.     

An Integrated Decision Support Framework for Incorporating Fairness and Stability Concerns into River Water Allocation

Self-enforceable and sustainable management strategies for transboundary rivers necessitate synchronously considering fairness and stability, which involves synthesizing the multidimensional nature of hydrology, environment, and socio-economy. Based on the equitable and reasonable principles of international resource distributions defined by the UN Watercourses Convention, this study proposed an integrated decision support framework by combining the multi-criteria decision making, the bankruptcy theory, and the power index with the aim of managing transboundary rivers fairly and sustainably. Subsequently, an optimization model based on this new framework was established by introducing the linear interval function to formulate the utility objective for all agents. Finally, using the Dongjiang River Basin in China to illustrate the availability of the proposed framework and optimization model. The results showed that the proposed methods could provide insights for transboundary river management through simultaneous consideration of the fairness and stability criteria.

     

A Critical Look at the Report of the World Commission on Dams in the Context of the Debate on Large Dams on the Himalayan Rivers

In the Ganges-Brahmaputra-Meghna (GBM) basin in south Asia, the Himalayan rivers offer a large number of sites suitable for the construction of storage dams to collect part of their very large monsoon run-off and generate a good amount of hydropower. A series of large dams proposed by the governments are facing strong opposition on social and environmental grounds. Additional water and hydropower supplies are needed badly to ensure economic development in this basin, where poverty is a widespread problem. The report of the World Commission on Dams (WCD) has been analysed in this paper to explore how much it can provide a new framework for decision making for these dams. It has been found that there are some important technical gaps in the WCD report, as a result of which it cannot help in answering some crucial technical questions raised by the debate on dams on the Himalayan rivers of the GBM basin.     

The Great Lakes Region and Bulk Water Exports

Abstract

The article provides an overview of the latest developments in the debate concerning the bulk water export of Great Lakes water. It examines the policy and legal dimensions of this new debate. The policy dimension focuses on the public attention and concern, in Canada, regarding bulk water removals from the Great Lakes basin. This concern has triggered the new Canadian federal legislation banning water exports from the region (Bill C-15). Is this a sign that the Canadian government now embraces a water conservation ethic? Is its position in line with the recent recommendations on the issue of the International Joint Commission (IJC), the joint body created by the United States and Canada to manage its shared waters? The attempt by investors to export water from the Great Lakes basin raises issues regarding Canada's obligations under international and regional trade agreements, most notably the General Agreement on Tariffs and Trade (GATT) and the North American Free Trade Agreement (NAFTA). The article examines the provisions of those two trade agreements in the context of the water export debate in Canada and concludes that increased clarity on Canada/US transboundary water issues is required.     

Biofilm Responses to Flow Regulation by Dams in Mediterranean Rivers

Dams regulate downstream hydrology and modify water quality, which in turn can impinge on the biota, especially in rivers naturally subject to large hydrological variability, such as those under Mediterranean climate. The effect of dams on biofilms was analysed in three tributaries (Cinca, Siurana and Montsant) of the Ebro River (NE Spain). We hypothesized that flow regulation would lead to lower spatial variability of biofilms on the streambed and to a decrease in their metabolic rate per unit biomass, especially during low flow periods. Biofilm characteristics were studied in five transects evenly spaced along river reaches upstream (control) and downstream (impact) of dams in each river, along with riverbed granulometry, hydraulics and water chemistry. Chlorophyll‐a, respiratory activity, photosynthetic capacity and efficiency, and extracellular enzymatic activities (β‐d ‐glucosidase, alkaline phosphatase and leucine‐amino‐peptidase) of epilithic biofilms were measured in different seasons. Spatial variability of chemical and biological variables was reduced downstream of the dams. Chlorophyll‐a concentration, photosynthetic efficiency and respiration capacity were higher in impact than in control reaches, but generally, low inorganic phosphorus concentrations resulted in comparable phosphatase activities downstream and upstream of dams. On the other hand, β‐d ‐glucosidase and leucine‐amino‐peptidase activities were higher at impact reaches. Biofilms were thicker and metabolically more active at the impact reaches, with higher ability to transform dissolved organic matter. Overall, results from this study provide evidence that dams can largely affect the structure and activity of river biofilms, with foreseeable important consequences for river ecosystem functioning. Copyright © 2014 John Wiley & Sons, Ltd.