Reassessing the Draft Articles on the Law of Transboundary Aquifers through the lens of reciprocity

ABSTRACT

In spite of groundwater’s growing importance, the 2008 Draft Articles on the Law of Transboundary Aquifers have yet to be fully adopted by the international community. As states contemplate the future of the draft articles, this article aims to reassess them through the lens of the legal principle of reciprocity. To do so, this article provides a framework for the analysis of law via reciprocity, followed by its application to the draft articles. Although this article primarily finds that they follow a reciprocal structure, it also identifies areas to be revisited, including sovereignty and recharge zone states.     

Regulation of International Watercourses under the UN/ECE Regional Agreements

Abstract

This article deals with the UN Economic Commission for Europe (UN/ECE) regional agreements, and their use as implementing instruments for protecting and managing international water courses. The background and issues of the regional instruments developed by the UN Economic Commission for Europe are addressed. The contents of the 1992 Helsinki Convention and its implementation are described, as well as the recent development of the Protocol on Water and Health. The relationship to the 1991 Espoo Convention and a comparison with the 1997 UN Convention on the Law of International Watercourses are also included. The potential of the UN/ECE conventions as tools to promote conflict prevention and dispute settlement is discussed. Lessons and conclusions are drawn from the experience on the management of transboundary waters in Europe.     

An ecological perspective on a river’s rights: a recipe for more effective water quality governance?

ABSTRACT

In several countries, the transfer of legal rights to rivers is being discussed as an approach for more effective water resources management. But what could this transfer mean in terms of a healthy river? We address this question by identifying the ecological requirements for naturally functioning rivers and then explore the demands which these requirements impose on society, the current policy responses to these requirements and whether the transfer of rights to the river could facilitate the preservation of healthy freshwater ecosystems.     

National and International Water Law

Abstract

The exchange of data and information relating to transboundary water resources is widely accepted as being an appropriate starting point for more comprehensive cooperation. This paper examines under what conditions data and information exchange occur in relation to shared water resources, and hence examines when it can be used as a confidence building measure. An overview of several major international river basins together with more detailed case studies of the Mekong. Rio Grande, and Rhine River basins suggest that factors that promote data and information exchange include the presence of compatible needs, absence of legacies of mistrust, increasing water resources stress, perceptions that cooperation is of mutual benefit, external pressure and funding, comparable levels of institutional capacity, popular and political concern about water resources management, and functional formal or informal cooperative arrangements. Analysis of the situation prevailing between Israel and the Palestinians with regard to shared water resources suggests that data and information exchange does not seem likely in the short term, even though other forms of cooperation have been established with mixed results. This suggests that in some situations, at least, data and information exchange relating to shared water resources may not be useful as a first step in establishing more comprehensive cooperation.     

Environmental resilience and intergovernmental collaboration in the Pearl River Delta

Abstract

Water resource management is a crucial issue in the rapidly urbanizing Pearl River Delta. Numerous studies have examined transboundary water management, but those focusing on Hong Kong are largely technical, with little consideration for political dynamics or collaboration. This study’s contribution is a systematic analysis of water governance in China’s ‘one country–two systems’ setting. Through interviews and historical analysis, the study applies Ostrom’s Institutional Analysis and Development framework to a setting with political complexity and environmental vulnerability. The principal finding is that cooperation on supply infrastructure reflects a regional interdependence that builds the multiparty trust needed for more strategic governance.     

Transboundary sharing of river water: Informating the policies

This paper presents an ontological framework that concisely captures the combinatorial complexity of river water sharing and visualizes the problem in its entirety. The framework's dimensions, the dimensions' taxonomies, and the resultant pathways are a complete, closed representation of the river water sharing problem. The framework is transdisciplinary; it is grounded in the research, the legal, and the practice literature on river water sharing. The authors illustrate the method and the application of the framework with the case study of Cauvery River water dispute between the Indian states of Karnataka and Tamil Nadu. The approach can help develop innovative pathways to resolve such problems.     

Contemporary legal analysis of China’s transboundary water regimes: international law in practice

China’s rapid development places growing pressure on its water resources, including its considerable transboundary waters. This paper analyses the current situation of China’s transboundary water regimes through a legal analytical framework. The evaluation of treaty and state practice reveals that while China adheres to and follows some fundamental rules of international water law, gaps remain. New trends in China’s state practice and in the field of international law offer interesting opportunities for addressing these shortcomings.     

Climate Change and Resource Management in the Columbia River Basin

Abstract

Scenarios of global climate change were examined to see what impacts they might have on transboundary water management in the Columbia River basin. Scenario changes in natural streamflow were estimated using a basin hydrology model. These scenarios tended to show earlier seasonal peaks, with possible reductions in total annual flow and lower minimum flows. Impacts and adaptation responses to the natural streamflow scenarios were determined through two exercises: (a) estimations of system reliability using a reservoir model with performance measures and (b) interviews with water managers and other stakeholders in the Canadian portion of the basin. Results from the two exercises were similar, suggesting a tendency towards reduced reliability to meet objectives for power production, fisheries, and agriculture. Reliability to meet flood control objectives would be relatively unchanged in some scenarios but reduced in others. This exercise suggests that despite the high level of development and management in the Columbia, vulnerabilities would still exist, and impacts could still occur in scenarios of natural streamflow changes caused by global climate change. Many of these would be indirect, reflecting the complex relationship between the region and its climate.     

The Relevance and Role of Water Law in the Sustainable Development of Freshwater

Abstract

Everyone lives downstream—except the water lawyers; they commute from Mars. Repeated statistics forecast imminent global water scarcity with disastrous consequences. International experts promote solutions based on sound economics, science, and enlightened and enhanced political commitment. Absent from the integrated water resources strategy are considerations of fundamental principles of water law—a serious shortcoming. The development and implementation of a comprehensive, forward-looking integrated water resources management scheme must include water law as an integral component. This is especially important in upstream/downstream situations where conflicts of water use are increasingly inevitable.     

Why the Ganga should not claim a right of the river

ABSTRACT

This article examines the global history of a rights-based approach to nature and then focuses in on whether conferring legal rights on the River Ganga (Ganges) in India would help in its management or on the contrary produce a conflict between human rights and the right of nature. Finally, it considers the legal perils of articulating a universal right of a river by comparing the Ganga and Whanganui cases.     

Facing Water Scarcity in Jordan

Abstract

Jordan is extremely water-scarce with just 167 m³ per capita per year to meet domestic, industrial, agricultural, tourism, and environmental demands. The heavy exploitation of water resources has contributed to declines in the levels of aquifers and the Dead Sea. Rapid growth in demand, particularly for higher quality water for domestic, industrial, and tourism uses, is significantly increasing pressure on agricultural and environmental uses of water, both of which must continue to adapt to reduced volumes and lower quality water. The agricultural sector has begun to respond by improving irrigation efficiency and increasing the use of recycled water. Total demand for water still exceeds renewable supplies while inadequate treatment of sewage used for irrigation creates potential environmental and health risks and presents agricultural marketing challenges that undermine the competitiveness of exports. The adaptive capability of the natural environment may already be past sustainable limits with oasis wetlands having been most seriously affected. Development of new water resources is extremely expensive in Jordan with an average investment cost of US$4 to $5 per cubic meter. This paper examines four integrated water resources management (IWRM) approaches of relevance to Jordan: water reuse, demand management, energy-water linkages, and transboundary water management. While progress in Jordan has been made, the Ministry of Water and Irrigation continues to be concerned about the acute water scarcity the country faces as well as the need to continue working with concerned stakeholders to assure future water supplies.     

The Jordan River Basin: 2. Potential Future Allocations to the Co-riparians

Abstract

The Jordan River drains parts of four States and one territory (Lebanon, Syria, Israel, Jordan and Palestine), and is an important regional source of water. A previous paper in this series discussed the flow allocations from the Jordan River to the co-riparians which were proposed in the Johnston Plan of 1955, noting that recently declassified documents shed new light on the allocation proposed for Israel. The present paper discusses potential future allocations of water from the Jordan River basin to the co-riparians, providing alternative methods of calculating these using basic principles which are considered to generally reflect customary international water law. It is concluded that whilst certain of the downstream co-riparians are undoubtedly “water-stressed” an acceptable solution to the allocation of water within the region is attainable. However, this will depend on coupling the allocation of the existing resources to the strategic development of additional fresh water resources in the region, which will also encourage the joint management of the resulting system.     

Saline Groundwater Management and Optimal Cropping Pattern

ABSTRACT

In areas having scarce canal water and poor quality groundwater, an opportunity exists to use the two sources conjunctively for irngation water supply. However, the use of saline water, either in isolation or by mixing with canal water, threatens soil salinization, unless steps are taken to protect the salt balance in the root zone. A deterministic linear programming model has been developed, incorporating both leaching requirements and the salinity response function of crops, to find the optimal cropping pattern and optimum use of saline groundwater. The model was applied to a canal command area.     

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.     

Identifying China’s transboundary water risks and vulnerabilities – a multidisciplinary analysis using hydrological data and legal/institutional settings

This paper identifies the vulnerabilities and risks linked with China’s transboundary waters through an analysis of hydrological data and the legal and institutional settings. The risks and vulnerabilities arise in three areas: (1) serious issues of water security arise, both internally and externally, relating to water quantity and water quality; (2) transboundary waters management is hampered by weak capacity across the region; and (3) underdeveloped legal regimes, including procedural requirements for the exchange of information, prior notification and early warning mechanisms, make it difficult to realize effective international transboundary water cooperation.     

Unraveling transboundary water security in the arid Americas

ABSTRACT

Transboundary waters are characterized by diverse and complex socio-politico-economic obstacles to effective water management. We examine five distinct cases in the arid Americas – in locations from the US–Mexico border to the Andes mountains – employing water security as a conceptual prism to unravel the multiple and varied attributes of transboundary water challenges. We describe how borders complicate water security in arid regions and explore how institutional arrangements and practices – within and across jurisdictions – respond to these challenges. We find that institutional capacity is needed on multiple levels for effective water management, and institutions must be responsive and flexible to change.     

Legislating for Adequate Public Participation in Allocating Water in Australia

Abstract

In the mid-1990s Australia embarked on a program of reforms including the introduction of private property rights in water, the allocation of water for the environment, and increased public participation where new initiatives are proposed. Many of the water allocation and management practices adopted in the country have originated from states in the Murray-Darling Basin. This article considers the different approaches taken in NSW, Queensland; and Victoria. In each of these states, public participation has been an evolving process, giving rise to difficulties of a slightly different nature. The article outlines the policy and theory behind public participation and sets out the legal provisions for its inclusion in water planning. It explores the main issues in the implementation of the legislation. The Australian experience suggests that policy makers and legislators did not initially draw upon the extensive research that was in existence on effective public participation. However, changes were made to make the processes more inclusive. Capacity building of participants, independent scientific support, and access to data were some of the most critical factors in effective public participation. Because the public had the opportunity to participate and influence decision making in water allocation, some potential legal conflict was avoided. Of the states examined, Queensland had the best legislative template for public participation although improvements could be made in many areas.     

The energy trade-offs of adapting to a water-scarce future: case study of Los Angeles

Abstract

Increasing water competition, population growth and global climate change will intensify the tension between water and energy resources in arid climates of the world, since energy costs underscore the challenges facing water security in dry regions. In few places is the tension between water and energy resources more pronounced than in Los Angeles, California. This article analyzes the city’s current water supply and estimates its future energy requirements based on water supply projections from the Los Angeles Department of Water and Power. Results suggest that while increasing local water management strategies could reduce the future energy intensity of the water supply, an increased reliance on water transfers could worsen its future energy intensity.