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.     

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.     

Sharing Rivers for Peace,Development, and Security

Abstract

Water is a finite resource, and with the considerable upsurge in population, urbanization, and industrialization, it is also becoming an increasingly scarce resource. Many countries in the world rely on river waters, and many of those rivers are shared by two or more countries. Dams on those rivers have been a major source of tensions, disputes, and, in some cases, even conflict between riparian countries because dams could result in massive diversion of river flows. Those developments have, inter alia, highlighted the relevance and importance of the principles of international water law, as reflected in the United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses. The World Commission on Dams has also underscored the importance of, and elaborated on, those principles with regard to dams on shared rivers. This article discusses and analyzes the recommendations of the Commission in this area, and compares them with the principles of international water law as enunciated in the United Nations Convention     

论气候压力下的跨国水体协议

全球气候变化无疑会影响河流的来水过程和供水过程,改变河流的水质、水量和水系统运行,使当今跨国水体可持续管理复杂化。然而,目前大部分跨国水体协议缺少处理应对气候挑战的重要措施,没有充分考虑不断变化的气候、社会、经济和状况。跨国水体的分享可能会导致两国或多国之间发生冲突,但也可以成为合作和谈判的源泉。共同应对气候的挑战,为未来的跨国水体管理找到新的方法提供了一个平台。尽管各流域国之间存在政治和社会差异、利益冲突等,但制定灵活而又有效的跨国水体协议以减轻气候变化的不利影响是极其需要且完全有可能的,措施有：①灵活的水分配策略;②精确的数据和信息交换;③综合的水质管理;④应对极端事件的策略;⑤对原有跨国水体协议的修订;⑥联合管理委员会的成立和完善。     

Water Quantity and Quality in the Zerafshan River Basin: Only an Upstream Riparian Problem?

In discussing the 1997 UN Watercourses Convention, McCaffrey (1998) gave a theoretical example of the late-developer problem. This paper complements that theoretical example with a real case study of the Zerafshan basin in Central Asia. While McCaffrey addressed the water quantity issue in his example, the focus here also includes water pollution. The aim of the paper is to analyze some of the provisions of the mechanisms in the field of international water law—the Helsinki Rules and the UN Watercourses Convention—for water quantity and quality aspects, as well as to provide an insight into the basin regarding these two aspects.     

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.

     

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.     

东江水资源环境管理问题及矛盾

东江水资源环境管理问题,实质上是共同资源的利益分配问题,凸现了我国资源环境保护在经济转轨时期面临的环境管理方面的挑战。其矛盾具体表现在:①在有限自然资源和无限经济发展之间选择合理的经济发展模式;②在不同经济发展水平的地区实行流域统一管理的障碍;③"一国两制"下的流域管理体制和机制。探讨了高强度开发地区水资源开发利用特征、不同经济发展水平地区之间的流域协调管理、"一国两制"条件下跨界水资源保护等的现代水资源问题与管理的迫切性。     

Sustainable Development of International Waters and their Basins: Implementing the GEF Operational Strategy

If environmentally sustainable development goals are to be achieved for transboundary water resources, fundamental improvements over sector-by-sector development strategies are needed. This article describes the nature of needed improvements as well as lessons learned for multicountry cooperation in managing transboundary water resources. While global agreements, watercourse or basin organizations, and arbitration have fallen short of addressing conflicting priorities, joint institutional arrangements,such as those utilized by the International Joint Commission (Canada and USA), provide opportunities for: (1) creating a neutral ground for building trust among nations; (2) levelling the playing field among small and large nations; and (3) arranging joint mechanisms for working together on shared development of basins without relinquishing a country's sovereignty. The Global Environment Facility is playing a catalytic role in assisting countries in making the transition to comprehensive approaches for addressing transboundary water and land resource issues. The GEF Operational Strategy is described and lessons learned from its first five years are presented with a view to illustrating programmatic opportunities that cooperating nations can utilize for pursuing sustainable development of international waters and their basins.     

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.     

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.     

Challenges and Opportunities for Transboundary Water Cooperation in Central Asia: Findings from UNECE's Regional Assessment and Project Work

This paper provides an overview of topical issues and problems related to transboundary water resources in Central Asia and their management in the light of the Second Assessment carried out under the UNECE Water Convention (2009– 2011) as well as experiences from ongoing projects. The conflict between water use for hydropower and for agriculture, land degradation and negatively impacted ecosystems resulting from reduced flows and degraded water quality, poor condition of the hydraulic infrastructure, and the legacy of pollution all have implications for health, economy, and stability in the region. The outdated legal framework for regional cooperation on shared waters requires improvement to help find sustainable long-term solutions for reasonable and equitable use of shared water resources.     

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.     

Transboundary Groundwater Resources of the West Bank

The political boundaries between the Palestinian and Israelismake the water issues critical and sensitive. Groundwater is theprimary source for the Palestinian in the West Bank. Although, there are many studies on the shared surface resources (Jordan River Basin), there are few studies on the groundwater shared resources between the Palestinians and Israelis.There are three primary groundwater basins underlying the West Bank (Eastern, Northeastern and Western Basins) as shown in Figure 1. Both the Northeastern and Western basins are shared between Israelis and Palestinians. The Palestinians have a limited access to the Northeastern Basin and strictly limited access to the Western Basin. In addition to the quantity of available water resources, thequality of water is emerging as a critical issue. Threats to ground water quality include disposal of untreated wastewater, increasing salinity due to agricultural activities and intrusion of native groundwater of poor quality. Widespread use of herbicides and pesticides also represent a threat to drinking water supplies.The Declaration of Principles, signed in Washington D.C in 1993,was a major step toward resolution of the political conflict between the Israelis and Palestinians. However, the water issue is part of the final status negotiations, which still unresolved.As resolution to political conflict is pursued, it is clear that water resources management issues remain at the forefront becauseof the transboundary nature of the hydrologic regime. Cooperative management on the technical level appears to be the only alternative to further conflict and degradation of the region's scare water resources. This article will study the impact of the transboundary resources on both sides and explore some of the most significant groundwater management issues facing both the Palestinians and Israelis.     

Optimizing Adjustments to Transboundary Water Sharing Plans: A Multi-Basin Approach

Afghanistan contributes water supplies to Iran, Pakistan, Tajikistan, Turkmenistan, and Uzbekistan. However, with the exception of the Helmand Basin, Afghanistan has negotiated transboundary water sharing agreements with no downstream country. This paper describes a constrained optimization framework to minimize economic costs within each of nine Afghan transboundary basins of adapting to potential water sharing agreements. Model results show impacts of water agreements on farm income and food security for each Afghan basin. Our results show that unrestricted trading reduces the economic costs of adapting to water sharing treaties by two to 6 % compared to the conventional water sharing system. A higher scale of reservoir storage capacity as well as market trading of water among regions moderates costs of water shortages, both with and without water agreements in place.     

Transboundary Water Resources Allocation under Various Parametric Conditions: The Case of the Euphrates & Tigris River Basin

The literature on transboundary water resources allocation modelling is still short on encompassing and analyzing complex geographic multiparty nature of basins. This study elaborates the Inter Temporal Euphrates and Tigris River Basin Model (ITETRBM), which is a linear programming based transboundary water resources allocation model maximizing net economic benefit from allocation of scarce water resources to energy generation, urban, and agricultural uses. The elaborations can be categorized in two directions: First, agricultural and urban demand nodes are spatially identified with their relative elevations and distances to water resources supplies (dams, reservoirs, and lakes). Digital elevation model (DEM) database are intensely processed in geographic information system (GIS) environment. Second, the agricultural irrigable lands are restructured into a pixel based decision making units (DMUs) in order to be able to see the spatial extent of optimally irrigated land, and then optimization program is converted from linear programming (LP) to a mixed integer programming (MIP). The model applications are designed to cover a series of sensitivity analyses encompassing the various transboundary management, energy and agricultural use value, and transportation cost scenarios over the optimal uses of the Euphrates and Tigris Basin (ETRB) resources. The model results are visually presented via GIS in order to show the transboundary upstream and downstream spatial impacts of these selected parameters. The findings are i) system parameters significantly alter the spatial extent of water resources allocation in the ETRB, and ii) the magnitudes of the parameters also explains the tradeoffs between agriculture and energy sectors as much as upstream and downstream water uses of countries.     

Principles of Transboundary Water Resources Management and Water-related Agreements in Central Asia: An Analysis

This paper analyzes the use of transboundary water resources management principles in two key regional water-related agreements in Central Asia: the Agreement on Cooperation in Joint Management, Use and Protection of Interstate Sources of Water Resources (1992) and the Statute of the Interstate Commission for Water Coordination of Central Asia (2008). These agreements incorporate several internationally recognized transboundary water resources management principles, though there are also some weaknesses. The presence of such principles in these regional agreements offers plenty of hope for the promotion of sustainable water resources management in Central Asia.     

Transboundary water cooperation on the Yarlung Zangbo/Brahmaputra – a legal analysis of riparian state practice

The Yarlung Zangbo/Brahmaputra, shared by China, India, Bhutan and Bangladesh, lacks a comprehensive legal framework. Following an overview of the basin, the paper analyses state and treaty practice through a legal lens, comparing the riparian state positions, based on their approaches to sovereignty. Finding fragmented transboundary water cooperation across the basin, two possible approaches that might help are explored. Taking inspiration from the hydropower projects on parts of the watercourse, and from existing multilateral environmental agreements, it is queried whether future cooperation might be fostered through legal arrangements for joint exploitation, or through joint protection under multilateral environmental agreements.     

Bankruptcy to Surplus: Sharing Transboundary River Basin’s Water under Scarcity

In this article a three-stage framework is proposed for allocating water and welfare in transboundary river basins under water scarcity. The proposed allocation framework combines the bargaining theory with resource allocation and bankruptcy games. The water bankrupt Euphrates River was taken as a case study to demonstrate the applicability of the allocation framework. The results showed that the total monetary welfare that can be generated by reallocating the water in order of decreasing water productivity value of each riparian country is greater by 43.43% of total monetary warfare that can be made if each country were to utilize the water allocated to it independently. The proposed allocation framework rewarded Turkey, Syria and Iraq with welfare assignments which are 41.5%, 42.1% and 57.45% greater than what they could have achieved by unilaterally utilizing the water allocated to them. Generally, the proposed water allocation, water reallocation and welfare assignment framework provide some insights for allocating transboundary water in a way which is efficient, fair and sustainable.     

International water law and supporting water management principles in the development of a model transboundary agreement between riparians in international river basins

A set of water management principles are analyzed and form the basis for a template for a model transboundary agreement for international river basins. The tenets of international water law, which support the selection of the principles, are analyzed. The principles include equitable and reasonable utilization and the obligation to not cause significant harm as the interrelated and overarching principles of international watercourse management. The development of a template is undertaken because ratification of the 1997 UN watercourses convention is at hand and a template consistent with this convention may facilitate the protection of shared water resources.