UPDATE: Research Guide on Transboundary Freshwater Treaties and Other Resources

By Arundhati A. Satkalmi [1]

Arundhati Ashok Satkalmi (Aru) retired in July 2014 as a Senior Research Librarian from the Rittenberg Law Library of St. John's University School of Law. Prior to joining St. John's in 1991, Aru worked as the Senior Information Specialist at the corporate headquarters of the Exxon Corporation in New York. In addition to a Masters in Library Science from St. John's University, she earned a Masters in Government and Politics where she specialized in International Law. International Convention for the Control and Management of Ship's Ballast Water and Sediments of 2004: An Analysis of Logical and Practical Aspects was her Master’s thesis. She also holds a certificate from the United Nations Institute for Training and Research (UNITAR) in International Environmental Law. A Master of Science degree in Geology, earned from Poona University, complements her other degrees. She has presented on the topic of international marine environmental law in the United States and abroad.

NOTE: The idea of creating this research guide was originally conceived by Barbara H. Bean, a Reference Librarian and Adjunct Professor at Michigan State University College of Law, East Lansing, Michigan, who wrote the original article.

Published November/December 2017

(Previously updated by Arundhati A. Satkalmi in February 2014)

See the Archive Version!

1. Introduction

Many great early civilizations sprung up alongside rivers.[2] Ready access to freshwater for domestic purposes brought ease to daily life. The fertile river plains became flourishing breadbaskets in presence of flowing river waters and the civilizations prospered. Water was diverted away from the natural course of rivers via canals to the distant parts of the fertile plains to sustain communities. The growing prosperity and associated increase in water use generated the need for planning of water use. Arrangements for sharing water began to develop. In due course, the quality and quantity of accessible freshwater resources became the focus of water sharing arrangements. Besides using freshwater for sustaining humanity, use of freshwater resources for commercial and recreational navigation needed consideration. This article, which does not claim to be exhaustive, will inform about the sources which deal with international arrangements to share freshwater resources.

Water — the most common, naturally occurring and renewable substance on earth — covers approximately seventy-one percent of the earth's surface.[3] However, freshwater represents only about three percent of all water on Earth and freshwater lakes and swamps account for a mere 0.29 percent of the Earth's freshwater. Twenty percent of all fresh surface water is in one lake, Lake Baikal in Asia and another twenty percent is stored in the Great Lakes. Rivers hold only about 0.006 percent of total freshwater reserves.[4] In addition to accessible surface water contained in lakes and rivers, approximately thirty percent of the earth’s freshwater consists of ground water held in underground aquifers.[5] Although a "hidden resource", groundwater serves the basic needs of more than half the world's population and may be the only source of water in arid and semi-arid regions. Furthermore, glaciers, ice and snow “freeze” about 68.7 percent of the earth’s freshwater.[6]

Approximately 260 of the world's river basins, with the majority of the world's freshwater flow, cross or create international political boundaries.[7] 145 countries — with close to half of the world's population — are in international river basins.[8] Therefore, cooperative management of this precious natural resource is imperative. Although conflicts over water resources date back thousands of years — in spite of, or perhaps because of the crucial role water plays in sustaining human civilization — nations are developing ways to share freshwater resources. In addition to global conventions and rules governing the use of water resources, hundreds of regional treaties and agreements exist between and among nations to address issues ranging from acceptable water quality and quantity to setting of national borders. Many treaties contain mechanisms for conflict resolution and many establish international commissions for water resource management. However, the changing climate may necessitate review of some of the existing arrangements and likely add to the workload of these mechanisms and commissions.

Different forms and levels in which water exists, in conjunction with multiple uses of the resource, and diversity of adjudicative bodies such as commissions, tribunals, and courts, present a very complex web of freshwater international law. Moreover, bilateral or regional agreements and related documents tend to exist only in the language(s) of the involved entities. These facts present a challenge in conducting research. Although many commercial vendors such as Westlaw, LexisNexis, and HeinOnline provide access to documents and literature for a price, this article dwells on accessing information resources which are available on the Internet at no cost. The article does not claim to be an exhaustive one and should be looked at as the tip of the iceberg.

2. Water Basics

A sample of resources containing terminology, water data and information about world water resources.

3. Treaties and Other International Agreements

3.1. Major Global and Regional Agreements

3.2. United Nations Convention on the Law of the Non-navigational Uses of International Watercourses [14] Sources of Regional, Multilateral and Bilateral Agreements

Some agreements may be found in general treaty collections, such as the United Nations Treaty Collection. However, the sources described below focus on treaties and agreements involving freshwater.

3.3. Non-Treaty Instruments

Treaties, as a rule, are developed among and between States.However, government bureaucracies prevent a quick action or deserved attention to the existing or developing issues. Under the auspices of the International Law Association, scholars, scientists and practicing lawyers collaborate and play a significant role in raising awareness of such issues.Often, these efforts have produced draft and model agreements for a possible resolution and are discussed here:

3.4. Selected Background Materials

4. International Organizations

4.1. IGOs

4.2. NGOs

5. International Water Commissions

Management of transboundary water resources is sometimes delegated to a regional commission. Listed below are commissions for which websites were located.

Other links connect the user to various reports, studies, news, publications, and sources of other relevant information. Interestingly, the link leads the researchers to government and other agencies that work with or are related to the USIBWC.[43]

6. Cases and International Events

International Court of Justice, the Permanent Court of International Justice, is the principle judicial organ of the United Nations. The website, available in English and French, opens up a screen that displays Latest Decisions, Latest Press Releases and Pending Cases and several other categories with linked entries. The Cases tab gives access to the opinions in contentious cases further organized by State and incidental proceedings, advisory proceedings, judgements, advisory opinions and orders.[67]

7. Commentary

This article, thus far, has described resources in various categories. However, there are some resources which do not fit neatly in any of them. I will comment on such resources in this section. Attempt will be made to minimize duplication.

Below is a non-exhaustive list of sources published after 2013.

Articles

Books

Theses/Dissertations
Although they are not “publications”, many take a book form in short time. Moreover, they offer good discussion on a very specific subject and offer rich bibliography.

Periodicals

Please do not overlook websites of the national governments and news, newsletters, and event notifications of various organizations and institutions described so far. Finally, do not hesitate to use sources such as Google, Google news and Google Scholar while ensuring that the sources are credible.



[1] The author is thankful to William Manz for reading and editing this article.

[2] Postel, Sandra and Richter, Brian D.; Rivers for Life: Managing Water for People and Nature; p. 5; 2003.

[3] How much water is there on, in, and above the Earth? Accessed from https://water.usgs.gov/edu/earthhowmuch.html on 7 July 2017.

[4] The Water Cycle: Freshwater Storage; Accessed from https://water.usgs.gov/edu/watercyclefreshstorage.html on 7 July 2017.

[5] Shiklomanov, Igor A., “World Fresh Water Resources” in Gleick, Peter H. Water in Crisis: A Guide to the World’s Freshwater Resources; 1993.

[6] Id.

[7] United Nations Environmental Programme; The World’s International Freshwater Agreements: Historical Developments and Future Opportunities; p.1; in Atlas of International Freshwater Agreements; 2002. Accessed on 7 July 2017.

[8] Id. P.2

[9] Accessed from http://www.transboundarywaters.orst.edu/database/index.html on 6 July 2017. International River Basin Register is being updated. Release of the updated version is expected in next few months.

[10] Accessed from http://www.zaragoza.es/ciudad/medioambiente/onu/en/listadoCat_Onu?spat2=y on 7 July 2017.

[11] Accessed from https://water.usgs.gov/water-basics_glossary.html on 7 July 2017.

[12] All links in this paragraph are accessed on 21 July 2017.

[13] Additional information is available at http://www.ramsar.org/.

[14] Accessed from http://legal.un.org/ilc/texts/instruments/english/conventions/8_3_1997.pdf on 8 July 2017. Additional information is available at http://www.unwatercoursesconvention.org/.

[15] Accessed from on 10 July 2017. Draft articles on the Law of Transboundary Aquifers with commentaries (2008) may be of interest to researchers.

[16] Researchers may also want to consult Governance of shared waters : legal and institutional issues (2011) authored by Grethel Aguilar and Alejandro Iza.

[17] Accessed from http://www.fao.org/docrep/005/W9549E/w9549e08.htm#bm08.2.5 on 10 July 2017. PDF version is available at 52 International Law Association Reports of Conferences 477 (1966).

[18] Burchi, Stefano and Mechlem, Kerstin; Groundwater in international law: Compilation of treaties and other legal instruments; 2005; p. 534. Accessed on 13 July 2017. The Seoul Rules on International Groundwaters adopted by the ILA are available at 62 International Law Association Reports of Conferences 219. See 62 International Law Association Reports of Conferences 231 for discussion of International Water Resource Law.

[19] Id. P. 536. Also available at 62 International Law Association Reports of Conferences 221

Revised and augmented version of the treaty by Hayton, Robert D. and Utton, Albert E.; Transboundary Groundwaters: The Bellagio Draft Treaty; 29 Nat Resources J. 3 (Summer 1989); p. 663. Accessed on 13 July 2017.

[20] All links in this paragraph were accessed on 17 July 2017.

[21] All links in this paragraph were accessed on 17 July 2017.

[22] Accessed on 17 July 2017.

[23] Accessed on 17 July 2017.

[24] Accessed on 25 July 2017.

[25] All links in this paragraph were accessed on 25 July 2017.

[26] All links in this paragraph were accessed on 19 July 2017.

[27] All links in this paragraph were accessed on 19 July 2017.

[28] Accessed on 19 July 2017.

[29] All links in this paragraph were accessed on 17 July 2017.

[30] All links in this paragraph were accessed on 17 July 2017.

[31] All links in this paragraph were accessed on 21 July 2017.

[32] Accessed on 25 July 2017.

[33] All links in this paragraph were accessed on 21 July 2017.

[34] Accessed on 21 July 2017.

[35] All links in this paragraph were accessed on 21 July 2017.

[36] All links in this paragraph were accessed on 21 July 2017.

[37] Accessed from http://www.alt-perubolivia.org/web/ on 21 July 2017.

[38] All links in this paragraph were accessed on 21 July 2017.

[39] Agreement between Finland and Sweden Concerning Transboundary Rivers, accessed on 22 July 2017. 825 UNTS 281.

[40] Transboundary Water Management Database. Other useful sources: Joint water management of the Finnish Norwegian river basin district (2016-2021), Management of Freshwater Fisheries on Bordering Rivers p.22. All links were accessed on 22 July 2017. Note however that many of the internal links of these sources were inaccessible.

[41] For additional information see Irrigation in Southern and Eastern Asia in figures, AQUASTAT Survey, p. 111, 2011. Although the Commission is bilateral, the river water of two major river systems, namely the Ganges (also known as Ganga) and the Bramhaputra (alternately spelled as Brahmaputra), crosses the boundaries of China, Bhutan, India, Nepal and Bangladesh. A Similar situation exists for the bilateral agreement between India and Pakistan about the Indus river system, where river water crosses the boundaries of China, Afghanistan, Pakistan and India. See: Trans-boundary River Basins in South Asia: Options for Conflict Resolution (2011), Riparian Relations between India and China: Exploring Interactions on Transboundary Rivers (2015) and Sino-Indian water disputes: the coming water wars? (2016) are good starting points for further research. Most certainly, the issue is not unique of the Indian subcontinent and researched in different contexts.

[42] All links in this paragraph were accessed on 22 July 2017. See International Legal Materials, Vol. 8, No. 5 (SEPTEMBER 1969), pp. 905-909 for the PDF text.

[43] All links in this paragraph were accessed on 22 July 2017

[44] English version of the Convention is available at 1080 UNTS 160. Accessed on 22 July 2017.

[45] All links in this paragraph were accessed on 22 July 2017.

[46] Informative flyer is available at http://www.ikse-mkol.org/fileadmin/media/user_upload/E/06_Publikationen/08_IKSE_Flyer/2016_ICPER-Flyer_ICPER.pdf . Accessed on 22 July 2017.

[47] All links in this paragraph were accessed on 22 July 2017.

[48] Treaty Between the United States and Great Britain Relating to Boundary Waters and Questions Arising Between the United States and Canada, Jan. 11, 1909, 36 Stat. 2448, T.S. No. 548.

[49] All links in this paragraph were accessed on 22 July 2017.

[50] Accessed from http://translate.google.com/translate?hl=en&sl=fr&u=http://www.meuse-maas.be/&prev=/search%3Fq%3Dwww.meuse-maas.be%26biw%3D866%26bih%3D716 on 22 July 2017.

[51] All links in this paragraph were accessed on 22 July 2017.

[52] All links in this paragraph were accessed on 22 July 2017.

[53] Accessed on 24 July 2017. The link http://www.icwc-aral.uz/statute4.htm was non-functional on 7/23/2017 1:40 PM. See also: http://www.fao.org/faolex/results/details/en/?details=LEX-FAOC054529,

http://www.caee.utexas.edu/prof/mckinney/papers/aral/agreements/ICWC-Feb18-1992.pdf. All links accessed on 23 July 2017.

[54] Accessed on 23 July 2017.

[55] See also: http://www.lhwp.org.ls/phase2/documents/Legal%20Framework/LHWP_TREATY.pdf, In-Depth Case Study for the Mekong River Basin: the 1995 Agreement on the Cooperation for Sustainable Development of the Mekong River Basin System. All links accessed on 23 July 2017.

[56] All links in this paragraph were accessed on 23 July 2017.

[57] All links in this paragraph were accessed on 23 July 2017.

[58] Nile Basin Initiative Shared Vision Program, p. v., Accessed on 23 July 2017.

[59] All links in this paragraph were accessed on 23 July 2017.

[60] All links in this paragraph were accessed on 24 July 2017.

[61] Treaty Between the Government of India And The Government Of Pakistan; 419 UNTS 125; 1960 Concerning The Most Complete And Satisfactory Utilisation Of The Waters Of The Indus System Of Rivers

[62] For additional information see Irrigation in Southern and Eastern Asia in figures, AQUASTAT Survey, p. 129, 2011. See also: footnote 51.

[63] Accessed on 24 July 2017.

[64] All links in this paragraph were accessed on 24 July 2017.

[65] All links in this paragraph were accessed on 24 July 2017.

[66] All links in this paragraph were accessed on 24 July 2017.

[67] Accessed on 25 July 2017.

[68] All links in this paragraph were accessed on 25 July 2017.

[69] All links in this paragraph were accessed on 25 July 2017.

[70] American Society of International Law website is available at https://www.asil.org/ but attempts to establish hyperlink in the document were unsuccessful on 25 July 2017.

[71] Accessed on 25 July 2017.

[72] Electronic Resource Guide can be accessed from https://www.asil.org/resources/electronic-resource-guide-erg but attempts to establish hyperlink in the document were unsuccessful on 25 July 2017.

[73] All links in this paragraph were accessed on 25 July 2017.

[74] All links in this paragraph were accessed on 25 July 2017.

[75] All links in this paragraph were accessed on 24 July 2017.

[76] Accessed from http://www.siwi.org/about/ on 24 July 2017.

[77] All links in this paragraph were accessed on 24 July 2017.

[78] Accessed on 25 July 2017.

[79] All links in this paragraph were accessed on 25 July 2017.