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)
Table of Contents
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.
A sample of resources containing terminology, water data and information about world water resources.
- Water Conflict Management and Transportation Program of Oregon State University[9] has created one of the most informative resources. International River Basin Register, Atlas of International Freshwater Agreements, International Freshwater Treaties Database, International Water Event Database: 1950-2008, International River Basin Organization (RBO) Data and Water Conflict and Cooperation Bibliography add to the richness of the resource.
- International Glossary of Hydrology is a partnership publication of the UNESCO and WMO. Published in 2012, this multilingual product will facilitate the precise communication that is essential in any international communication.
- UN-Documentation Centre on Water and Sanitations (UNDCWS), through its river basin category, gives access to informative literature about 134 river basins covering all parts of the world.[10]
- United States Geologic Survey (USGS): Water Basics Glossary familiarizes a novice with the essential vocabulary.[11]
- The World's Water is a biennial report — a project of the Pacific Institute — on issues pertaining to freshwater resources. It provides both; a detailed analysis of the most significant trends and events and up-to-date data on water resources and their use. Selected portions of Volume 7 are accessible and Volume 8 of this series of monographs — the latest available — has been released in January 2014.[12]
3. Treaties and Other International Agreements
3.1. Major Global and Regional Agreements
- Convention and Statute on the Regime of Navigable Waterways of International Concern Barcelona, April 20, 1921), 7 LNTS 35
- Convention on Wetlands of International Importance especially as Waterfowl Habitat (Ramsar, February 2, 1971), 996 UNTS 245 [13]
- Convention on the Protection and Use of Transboundary Watercourses and International Lakes (Helsinki 1992)
- Protocol on Water and Health to the 1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes
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.
- Ecolex is a product of a collaboration among the FAO, IUCN and UNEP and is accessible in English, French and Spanish. The website opens to a search page where a list of treaties and agreements relating to freshwater can be compiled by checking the treaties box. An advanced search option enables researchers to fine tune search query. In addition to being a good source for finding treaties and agreements, it is a good resource for monitoring recent developments.
- Environmental Treaties and Resource Indicators or ENTRI is a fast, convenient, comprehensive online service for accessing multilateral environmental treaty data. Status data for environmental treaties, treaty text and other related information can be easily accessed. Ability to generate custom tables by selecting countries and treaties of interest is helpful. The database was developed by the Columbia University.
- Groundwater in International Law: Compilation of Treaties and other Legal Instruments, also called FAO Legislative Study #86 (2005), is a compilation by Stefano Burchi and Kerstin Mechlem and prepared for the FAO Legal Office.[15] Although it needs an update, it is a valuable resource.
- International Freshwater Treaties Database is maintained at Oregon State University (OSU). A searchable database of summaries and/or the full text of more than 600 international, freshwater-related agreements, covering the years 1820 to 2007 are accessible.
- Among many resources made available by OSU, Atlas of International Freshwater Agreements is particularly interesting. A collaborative publication of United Nations Environment Programme (UNEP) and the Food and Agriculture Organization of the United Nations (FAO) is available for download in PDF. It contains a historical overview of international river basin management, a detailed listing of more than 400 international freshwater agreements, and a collection of thematic maps.
- International Water Governance: Conservation of Freshwater Ecosystems [16] is an edited work by Alejandro Omar Iza. Available for free download, it was published in 2004 under the auspices of the International Union for Conservation of Nature or IUCN. This publication provides analysis of the most relevant provisions of the treaties and agreements dealing with freshwater ecosystems. Inclusion of an analysis of relevant European Union legislation is a bonus! The updating of this resource will enhance its value and usefulness.
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:
- Berlin Rules on Water Resources The Berlin Rules (2004) speak in terms of a new paradigm of international water law that focuses on ecological integrity, sustainability, public participation, and minimization of environmental harm—principles not reflected in the Helsinki Rules and only developed in rudimentary form and then only for transboundary waters in the United Nations' Convention on the Law of Non-Navigational Uses of International Watercourses (1997).
- Helsinki Rules on the Uses of the Waters of International Rivers [17] could be regarded as a pioneering work that created guidelines for use of river waters and connected ground waters in transboundary water law. The rules were developed in 1966 and served as a precursor to the United Nations' Convention on the Law of Non-Navigational Uses of International Watercourses. Berlin Rules, mentioned in the preceding paragraph, supersede Helsinki Rules.
- The Seoul Rules on International Groundwaters (1986) [18]
- deal with confined and connected aquifers intersected by international boundaries. Aquifers or groundwater resources are beyond the scope of Helsinki Rules as they deal with transboundary rivers and lakes.
- Bellagio “Model Agreement Concerning the Use of Transboundary Groundwaters” (1989) [19]
- is the result of collaborative efforts of scientists and law practitioners. This valuable resource did not receive attention of the international law community which was mainly obsessed with the surface freshwater. The draft agreement proposes principles and institutional mechanisms for the management of shared ground waters and dispute settlements.
3.4. Selected Background Materials
- United Nations International Law Commission: Topics Completed: Law of the Non-navigational Uses of International Watercourses (Topic 8.3) and Shared Natural Resources (Law of Transboundary Aquifers) Topic 8.5).[20]
- Sources of International Water Law, also known as the FAO Legislative Study 65 (2001 reprint of 1998 publication) is a compendium of documents, often not readily available, on the law governing the development and management of international watercourses. A link provides easy access to the publication in PDF. It dates and replaces "The Law of International Water Resources” alternatively known as FAO Legislative Study 23 (1980).[21]
- Sources of International Law Association Rules on Water Resources [22] is a compilation by the Water Resources Law Committee of the International Law association. It includes excerpts from various legal instruments that support the approach of the Rules, and indicate trends in customary international law.
- Land and Water - the Rights Interface: FAO Legislative Study 84 [23] (2004). An analysis of the interface between land tenure and water rights.
- International Groundwater Resources Law, alternatively known as FAO Legal Study 40 (1986), examines most of the international agreements, resolutions and recommendations of the international organizations and academicians. A bibliography is a bonus.[24]
4. International Organizations
4.1. IGOs
- Food and Agricultural Organization (FAO) of the United Nations, has hidden many treasures. Particularly, AQUASTAT, FAO's global water information system, collects, analyzes, and disseminates information related to water resources, water uses and agricultural water management, with an emphasis on countries in Africa, Asia, Latin America, and the Caribbean. Publications made accessible through Selection of reports related to AQUASTAT provide in-depth overview. The lack of links to the documents is compensated by the detailed information. Definitely a good starting point for any researcher. [25]
- Global Environmental Facility (GEF) is a partnership of the United Nations agencies such as the United Nations Environmental Program (UNEP), United Nations Development Program (UNDP), multilateral banks, national entities and international NGOs which works with 183 countries. It operates as a mechanism which fosters transboundary cooperation among states which are locked in complex and long lasting freshwater use conflicts. Through the International Waters (IW) focal area, the GEF helps countries jointly manage their transboundary surface water basins, groundwater basins, and coastal and marine systems. Its Transboundary Diagnostic Analysis/Strategic Action Programme and formulated funding mechanism has facilitated several projects. Although the institution has “environmental” in its name, it has useful information about transboundary freshwater issues. Searchable Publications link is a good spot to check.[26]
- United Nations Development Program (UNDP), as mentioned in the previous paragraph, collaborates with GEF in dealing with International water issues. The Transboundary Waters Programme gives information about current and completed projects. UNDP carries on the responsibility of implementing the funds to the projects.[27]
- United Nations Environmental Programme (UNEP), with funding from GEF, carries out worldwide comprehensive and integrated transboundary waters assessment projects. The results are published in Global International Waters Assessment (GIWA) reports.[28] These reports present a comprehensive and integrated assessment of international waters in different regions. It is a systematic assessment of environmental conditions and problems in transboundary freshwater and surface waters, as well as ground waters. However, the assessments are predominantly of marine and coastal regions. UNESCO Water Portal can be described as a knowledge base. Research centers around the world contribute scientific research and information, which aids countries in managing their water resources. Entry of each center is hyperlinked to update researchers on the news and activities. [29]
- Water Law and Standards Database was created by the collaboration of two NGOs: The United Nations Food and Agriculture Organization (FAO) and the World Health Organization (WHO). Along with the access to water-related treaties, a click on link gives specialized search options for Fishlex and Faolex. Given the association of water with fishing rights and use for irrigation purpose, this specialization is well justified. Of course, international agreements on international water sources are searchable under the Water Treaties tab. Access to the legislation of individual countries is also facilitated.[30]
4.2. NGOs
- The IUCN (International Union for Conservation of Nature), the world’s oldest and largest global environmental organization, helps finding pragmatic solutions to the most pressing environment and development challenges. Its theme brings together many aspects — including effects of climate change — related to freshwater. Among the many excellent criteria explored include: Building River Dialogue and Governance or BRIDGE : How to build water cooperation across borders; Ridge to Reef, which deals with managing waters from source to sea; and Resources, which includes Case Studies, Reports, and Water and Nature Initiative or WANI toolkits are some that immediately caught my attention. However, it is entirely possible that I am overlooking other equally valuable aspects.[31]
- International Water Law Project,[32] with the mission to serve as the premier resource on the Internet for international water law and policy issues, endeavors to educate and provide relevant resources to the public and to facilitate cooperation over the world’s fresh water resources.The Documents tab is divided by continents and international division; e-Case Law tab gives access to summaries, as well as the full texts of the water related decisions of the Permanent Court of Justice, International Court of Justice, and other Tribunals; the Institutions tab includes Transboundary Water Management Organizations and Inter-Governmental Organizations; the Bibliography is broken down into more than twenty five geographic and issue-related topics with excellent search options; and the Blog, with scholarly posts with maps and plenty of hyperlinked documents, is invaluable to any researcher. The site also provides a list of Top 25 Water Conservation Blog.
- Pacific Institute has adopted an interdisciplinary approach for its work. It works with more than ten freshwater-related issues, which are incorporated under its Issues tab. Water and Conflict grabbed my attention. It includes a unique compilation, Water and Conflict Chronology — showing 400 entries from 3000 BC to 2017 searchable in three formats: List, Timeline and Map formats. The categories such as the Human Right to Water with several subcategories accompanied by links to publications and Sustainable Water Management – Local to Global also with several subcategories accompanied by links to publications, are also informative.[33]
- Worldwatch Institute[34] works to accelerate the transition to a sustainable world. Unfortunately, the site lacks a specific water-related tab or category searching for freshwater or similar term(s) that would produce informative results.
- World Water Council is an international multi-stakeholder organization, which promotes awareness, creates initiatives and offers forum for critical water issues. Its Water and Climate Change Initiative is informative. Forum documents and publications are made available under the Library tab, along with official documents and activity reports. The Council produces a bimonthly publication: Water Policy: Official Journal of the World Water Council.[35]
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.
- Amazon Cooperation Treaty Organization or ACTO was formed by eight contracting parties: Bolivia, Brazil, Colombia, Ecuador, Guyana, Peru, Suriname, and Venezuela. The website is available in English, Portuguese and Spanish. The treaty provides for the formation of “Permanent National Commissions charged with enforcing in their respective territories the provisions set out in this Treaty, as well as carrying out the decisions taken at meetings of Foreign Affairs Ministers Amazonian Cooperation Council … Further information about the organization and institution is available under The OCTA tab. Options to access documents located under the Library tab and Online News access provided under the News tab, enrich the information.[36]
- Autonomous Binational Authority of the Basin of Lake Titicaca (Autoridad Binacional del Lago Titicaca or ALT) [37] was created after negotiations (1955-1996) to reinforce water resource sharing arrangement between Bolivia and Peru. The website is only in Spanish. Researchers unfamiliar with Spanish may want to consult and 2) Lake Titicaca Basin: Peru and Bolivia Enhancing transboundary cooperation through technical coordination and institutional reforms for information in English.[38]
- Finnish-Swedish Border River Commission was established in 1972. In 2010, a new Swedish-Finnish border river agreement entered into force, resulting in the establishment of the new Border River Commission (BRC). The BRC develops environmental cooperation in the border river area and performs duties based on the EU’s water-related directives. It submits proposals, motions, and issues statements on matters related to water management. The Commission also monitors water quality and any activities affecting the state of the transboundary waters.[39]
- Finnish Norwegian Transboundary Water Commission. The Norwegian and Finnish governments concluded an agreement on transboundary waters in 1980 and established the Finnish-Norwegian Transboundary Water Commission. The commission has an advisory role. Its main tasks include submitting proposals and motions and issuing statements on matters related to the management of the transboundary waters, supervising and monitoring their condition and quality, preventing the deterioration of the transboundary waters, and monitoring construction along the waterways and other activities affecting the state of them.[40]
- Guadiana River Commission. The Guadiana River originates in Spain and enters Portugal. Its course partially forms the boundary between the two nations. Both countries share its water. The Commission’s website is in Spanish and lacks access in any other language.
- Indo-Bangladesh Rivers Commission was created by the provisions ofthe Statute of the Indo-Bangladesh Joint Rivers Commission done on 24 November 1972. It works towards harnessing the transboundary rivers common to both the countries for the benefit of the peoples of the two countries.[41]
- Intergovernmental Coordinating Committee of the River Plate Basin Countries was formalized by the Treaty on the River Plate Basin (English version) signed at Brasilia on 23 April 1969 among Argentina, Bolivia, Brazil, Paraguay, and Uruguay for the harmonious and equitable utilization of the river resources. The treaty came into force on 14 August 1970. The website gives access to the text in Spanish and Portuguese.[42]
- International Boundary and Waters Commission (IWBC) is a progression and development of Convention of March 1, 1889 thatestablished the International Boundary Commission (IBC). The 1944 Treaty, which expanded its responsibilities and changed its name which is currently recognized as the International Boundary and Water Commission. It administers and provides binational solutions to issues that arise between the United States and Mexico. The IBWC has responsibility for applying the boundary and water treaties between the United States and Mexico and settling differences that may arise in their application. The Mexican section is under the administrative supervision of the Mexican Ministry of Foreign Affairs and is headquartered in Ciudad Juarez, Chihuahua, Mexico. The excellent and easy navigation through the website of the Commission allows researchers to access the United States section, known as International Boundary and Water Commission (USIBWC) and the Mexican section. The U.S. section through its About Us link provides exceptional historic overview while the Treaties / Minutes link provides superb tool for researching all aspects of related treaties.
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]
- International Commission for the Protection of Lake Geneva. The International Commission for the Protection of Lake Geneva (CIPEL) was officially founded by a convention[44] between the French and Swiss governments. It was signed in 1962 and became effective in 1963. Although the web interface is in English, the documentation is mainly in French. At present, the commission works towards a rejuvenation of the rivers in the lake’s catchment area to protect biodiversity as well as lake waters.
- International Commission for the Protection of the Danube River. The Danube River Protection Convention forms the overall legal instrument for cooperation on transboundary water management in the Danube River Basin. The Convention was signed on June 29, 1994, in Sofia (Bulgaria) and came into force in 1998. It aims to ensure that surface waters and groundwater within the Danube River Basin are managed and used sustainably and equitably. Austria, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Germany, Hungary, Moldova, Montenegro, Romania, Serbia, Slovakia, Slovenia, and Ukraine are the countries within the Danube basin area. The legal and policy documents, as well as maps and databases providing water related information, are available under the Publications tab at the website.[45]
- International Commission for the Protection of the Elbe was formed by a convention among the governments of the Federal Republic of Germany and of the Czech and Slovak Federal Republic and the European Economic Community. The contracting parties are to cooperate in the International Commission for the Protection of the Elbe to prevent the pollution of the Elbe and its drainage area. The main goals are the possibility of obtaining drinking water from water pumped from the river’s accompanying groundwater, the possibility to use its water and sediments for agriculture, return to a close-to-natural ecosystem with healthy species diversity, and reduce the harmful effects of Elbe river basin in the North Sea.[46]
- International Commission for the Protection of the Rhine was established in 1950 by Germany, France, Luxemburg, the Netherlands, and Switzerland and is the basis for international cooperation for the protection of the Rhine within the ICPR. The Convention on the Protection of the Rhine was signed on 12 April 1999 by representatives of the governments of the five Rhine-bordering countries: France, Germany, Luxembourg, the Netherlands, and Switzerland, and by the European Community. For the benefit of the Rhine and of all its tributaries, the members of the Commission for the Protection of the Rhine (ICPR) — Switzerland, France, Germany, Luxemburg, Netherlands and the European Commission — successfully co-operate with Austria, Liechtenstein, the Belgian region of Wallonia, and Italy.[47]
- International Joint Commission. In 1909, Canada and the United States signed the Boundary Waters Treaty,[48] which created the Commission (IJC), because national leaders recognized that each country was affected by the other's actions in lake and river systems along the border. With three commissioners from each country, the IJC finds science-based, independent solutions to transboundary conflicts, balancing competing interests in pursuit of the common good. The Research Information tab of the website provides access to all dockets and related documents since 1912.[49]
- International Meuse Commission website is not available in English. The Meuse River is a major geographic link between Belgium, France, Germany, Luxembourg, and the Netherlands. These five European countries are working together through the Commission (IMC), which was created in 2002,[50] to coordinate the application of the Water Framework Directive.[51]
- International Sava River Basin Commission (ISRBC) has been established for the implementation of the Framework Agreement on the Sava River Basin (FASRB). It aims to establish an international regimefor navigation on the Sava River and its navigable tributaries. Bosnia and Herzegovina, the Republic of Croatia, Republic of Slovenia, and the Federal Republic of Yugoslavia are the participants of the regime. The website provides access to Sava Commission Sessions, Basic Documents and other useful content.[52]
- Interstate Commission for Water Coordination of Central Asia [53] is a collective body of Central Asian States — Kazakhstan, Kyrgyz Republic, Tajikistan, Turkmenistan, and Uzbekistan — acting based on equity, equality and consensus. Its mission is to protect the Aral Sea (through the International Fund for the Saving the Aral Sea (IFAS)) and it has the status of an international organization. Other good compilation of links to various commissions, mainly in Europe, is available at International River Basin Authorities [54] website.
- Lesotho Highlands Water Project is a contractual agreement [55] governing the design, construction, operation, and maintenance of the Project, as well as the export of water to South Africa, by which Lesotho exports water from the Senqu /Orange River to South Africa. The website gives an overview of the project and access to documents of legal and non-legal nature.
- Mekong River Commission was established in 1995 by the Mekong Agreement among Cambodia, Laos, Thailand, and Vietnam. The website provides links to informative publications and data.[56]
- Moselle Commission is a public intergovernmental institution based in Trier, Germany, and created in 1956 by the Convention on the Canalisation of the Moselle that was signed by the Federal Republic of Germany, the French Republic and the Grand Duchy of Luxembourg. The website is in German but is also accessible in Dutch, French, and English. The Moselle tab lets the researcher peek into the history of the convention. [57]
- Nile Basin Initiative (NBI) was created "to achieve sustainable socio-economic development through the equitable utilization of, and benefit from the common Nile Basin water resources"[58]. In 1998, all riparian countries except Eritrea joined in a dialogue to create a regional partnership to facilitate the common pursuit of sustainable development and management of the waters of River Nile, and on 22nd February 1999, the Council of Ministers (Nile-COM) of Water Affairs in the Nile Basin countries agreed in Dar es Salaam, Tanzania, to form the transitional mechanism that provides framework for cooperation, the Nile Basin Initiative (NBI). The partnership continues to be led by 10 Member States, namely Burundi, D.R. Congo, Egypt, Ethiopia, Kenya, Rwanda, South Sudan, The Sudan, Tanzania, and Uganda. Eritrea participates as an observer. Nile River Basin Initiative provides good overview of the initiative. The Nile Basin Initiative Act, (2002), Agreement on the Nile River Basin Cooperative Framework, could also be of interest to researchers.[59]
- Organization of Cooperation for the Development of the Gambia River Basin was created by a Convention among Gambia, Guinea and Senegal, which was signed at Kaolack, Senegal, on 30 June 1978. Additional information is available at the International Environmental Agreements database maintained by the University of Oregon.
- Organization for the Development of the Senegal River was established on 11 March 1972, by an agreement (in French) among three riparian countries of the river: Mali, Mauritania, and Senegal. The website is in French. However, information about the organization and related conventions is available at the International Water Governance website and Senegal River Basin (Guinea, Mali, Mauritania, and Senegal).[60]
- Permanent Indus Commission is established according to Article VIII (3) of the Indus Waters Treaty [61] between India and Pakistan done on 19th September 1960. This bilateral commission implements, manages and solves the disputes arising over water sharing of the six rivers of Indus river system.[62]
- Peipsi Center for Transboundary Cooperation [63] is a non-governmental, non-profit organization in Estonia established to implement projects of environmental protection in the catchment area of Lake Peipsi, which borders Estonia and Russia. Established in 1994, it promotes balanced development of border areas, especially in Lake Peipsi/Chudskoe region with focus on EU external borders. Since 1997, the NGO is working in Pskov Region of Russia. Peipsi CTC has implemented multiple projects in Kazakhstan, Kyrgyzstan, Moldova, the Balkans, and Russia.
- Uruguay River Management Commission. Unfortunately, the website informing about the treaty between Argentina and Uruguay is in Spanish only. Information about the treaty in English is available in a 2003 publication, Institutions for International Freshwater Management.[64]
- was established as a corporate body on the first day of October 1987 by parallel legislation in the parliaments of Zambia and Zimbabwe following the reconstitution of Central African Power Corporation, under the Zambezi River Authority Acts (Acts No. 17 Zambia and Act No. 19 Zimbabwe), and is jointly owned by the governments of Zambia and Zimbabwe in equal proportions.[65]
- List of International River Basin Organizations, although not updated, is a useful resource for historical information.[66]
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]
- International Water Law Project’s Case Law tab gives access to case decisions, opinions, and related documents along with summary of the dispute through three links: Permanent Court of International Justice – International Water Law Cases, International Court of Justice - International Water Law Cases and Other Tribunals The coverage seems to be selective.[68]
- International Water Events Database is a searchable database maintained by Oregon State University. It documents over 6,400 historical international water relations from 1948 to 2008. Event information includes the basins and countries involved, dates of occurrence, issue areas, the BAR Scale (Water Event Intensity Scale) rating, and a detailed summary of the event.[69]
- Pacific Institute: Water Conflict Chronology is a result of a Pacific Institute project, which was initiated in late 1980s. Information covers conflicts dating back to 3000 BC and is updated through 2017. Each entry is backed by a reference source. This resource, covering a vast time span, often deviates from the primary sources. However, the value of the rich secondary sources is undeniable. A useful companion is an interactive map which shows the location of each conflict, and documents, which discuss the conflict. Many sources have hyperlinks.
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.
- American Society of International Law [70] founded in 1906, and headquartered in Washington, DC, the Society publishes serials such as American Journal of International Law, International Legal Materials, Proceedings of the Annual Meeting, and ASIL Newsletter. Although mainly in print format, some of these publications are migrating to electronic versions to join mainly with such electronic resources as ASIL Insight, IL post and ASIL Blog. The contributions of scholars and international law experts have created this rich source. ASIL also maintains a library that is open to public. The library develops and maintains the Electronic Information System for International Law [71] (EISIL), a database provides links to selected international law instruments, websites, and research resources, which cover the entire spectrum of international law. It also has the Electronic Resource Guide [72] (ERG) an electronic guide designed to assist researchers of international law on the web. Although access to some of the contents is restricted to ASIL members, interlibrary loan arrangements could be explored.
- CA Water Info (Information Portal for Water and Environmental Issues in Central Asia) is a regional knowledgebase. Some sections are available in the Russian, Kazakh, Kyrgyz, Tajik, Turkmen, and Uzbek languages only. The search function of the website functions well. Among the five tabs offered at the top, the Database tab gives access to Thematic Databases covering various basins in the region; the Knowledgebase tab guides researcher via Electronic Library to Agreements on Transboundary Water Protection and Use, Maps and Historical Maps, and the Projects informs about several ongoing and completed regional projects.[73]
- European Society of International Law (ESIL) was established in 2001 and is headquartered in Italy. The society responds to the increasing need for access to and exchange of legal information in globalized world. The European Journal of International Law, ESIL Newsletter, ESIL Reflections, SSRN Conference Papers, and Conference Proceedings contribute to satisfy information needs. Furthermore, International Law Journals, a hyperlinked list of European journals that emphasize various aspects of international law, is a very valuable resource.[74]
- Libraries of many universities offer pathfinders to guide researchers. Catalogs of many universities and national level libraries, such as the Library of Congress, as well as WorldCat are open for searching. These sources, which are too numerous to list, should be consulted when appropriate.
- Oregon State University’s Program in Water Conflict Management and Transformation is a site not to be missed! The Transboundary Freshwater Dispute Database, and the compilations of Treaties and Databases, Water Resource Links and Other Water Links open flood-gates of information. Moreover, the University’s International Environmental Agreements (IEA) Database Project offers a subject classification of the agreements to facilitate research process.[75]
- Peace Palace Library has a rich collection of international law materials. Under the Research Guides tab, aggregations of Bibliography, list of New Titles, list of Databases, Blogs and Links to the website of various organizations working with the special topic of Water will aid any researcher.
- Stockholm International Water Institute (SIWI), founded in 1991, provides and promotes water-wise solutions for sustainable development in the areas of water governance, transboundary water management, and through international policy processes.[76] Operating under auspices of UNESCO the (ICWC), SIWI has created the Transboundary Water Management Database. It offers access to useful search tools such as International Freshwater Treaties Database, Atlas of Transboundary Aquifers, and NEGOTIATE - Reaching Agreements over Water. It’s interactive world map is a bonus. The UNDP-SIWI Water Governance Facility works with governments and other partners to improve integrity and good governance in the water sector.[77]
- UN-Documentation Centre on Water and Sanitations (UNDCWS) is a portal that leads to a vast amount of resources. Various categories — themes, region or countries, river basins, languages — are easy to navigate and the easy-to-use search features make even a novice feel at ease in accessing this valuable resource.[78]
- World Wide Inland Navigation Network (WWINN), seemingly the most recent addition, was established in March 2012, in France. It aims to foster an exchange of information, experiences and best practices among the different authorities in charge of the major navigable waterways management in the world. At present, The USACE Institute for Water Resources, The Mekong River Commission, The Inland Waterways Authority of India (IWAI), The Brazilian Ministry of Transport, Pan-European Transport Corridor VII, The Danube Commission, The Moselle Commission, The Sava Commission, and The Central Commission for the Navigation of the Rhine are participating in this project. It offers information about fourteen major rivers and waterways of the world. Adding access to the legal documents and literature will enhance this resource.[79]
Below is a non-exhaustive list of sources published after 2013.
Articles
- The Protection of Freshwater Ecosystems revisited: towards a Common Understanding of the "Ecosystems Approach" to the Protection of Transboundary Water Resources by Owen MacIntyre (2014)
- A review of the evolution and state of transboundary freshwater treaties by Mark Giordano; Alena Drieschova; James A Duncan; Yoshiko Sayama; Lucia De Stefano; Aaron T Wolf. (2014)
- A new transboundary freshwater dispute before the International Court of Justice by Tamar Meshel (2017)
- Past, present and future of the international law of transboundary Aquifers by Mechlem K. (2017)
Books
- A procedural framework for transboundary water management in the Mekong River basin: shared Mekong for a common future by Qi Gao, (Law teacher)
- Transboundary water governance: adaptation to climate change by Juan Carlos Sanchez, legal officer.; Joshua Roberts, lawyer.; International Union for Conservation of Nature; IUCN Environmental Law Centre.; (2014)
- Governing international watercourses: river basin organizations and the sustainable governance of internationally shared rivers and lakes by Susanne Schmeier
- International Water Law Laurence Boisson de Chazournes; Mara Tignino (2015)
- International Water Law and the Quest for Common Security by Bjørn-Oliver Magsig (2015)
- Transboundary water politics in the developing world by Naho Mirumachi (2015)
- The UNECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes: its contribution to international water cooperation by Attila Tanzi; Owen McIntyre; Alexandros Kolliopoulos; Alistair Rieu-Clarke; Rémy Kinna; (2015)
- Water security - international conflict and cooperation by Anders Jägerskog; Ashok Swain; Joakim Öjendal (2015)
- Border flows: a century of the Canadian-American water relationship by Lynne Heasley; Daniel Macfarlane; (2016)
- Current international treaties by T B Millar; Robin Ward; (2016)
- Freshwater boundaries revisited: recent developments in international river and lake delimitation by María Querol (2016)
- Negotiating for water resources: bridging transboundary river basins by Andrea Haefner (2016)
- Negotiating international water rights: resource conflict in Turkey, Syria and Iraq by Müşerref Yetim (2016)
- Sovereignty and international water law by Terje Tvedt; Owen McIntyre; Tadesse Kassa Woldetsadik; (2016)
- Transboundary water cooperation in Europe: a successful multidimensional regime? by Götz Reichert (2016)
- Trans-jurisdictional water law and governance by Janice Gray; Cameron Holley; Rosemary Gail Rayfuse (2016)
- Water regimes: beyond the public and private sector debate by Dominique Lorrain; Franck Poupeau (2016)
- Governing Transboundary Waters: Canada, the united states, and indigenous communities by Emma S Norman (2017)
- Freshwater Governance for the 21st Century by Eiman Karar; (2017)
- Helsinki rules on the uses of the waters of international rivers: adopted by the International Law Association, at the 52nd Conference held in Helsinki on 20th August, 1966. by International Law Association. Committee on the Uses of the Waters of International Rivers (2017)
- The politics of fresh water: access, conflict and identity by Catherine M Ashcraft
- Rivers divided: Indus Basin waters in the making of India and Pakistan by Daniel Haines (2017)
- Promoting equity, cooperation and innovation in the fields of transboundary waters and natural resources management: the legacy of Dr. David J. H. Phillips by David J H Phillips; Stephen C McCaffrey; John S Murray; Melvin Woodhouse; (2017)
- The regulation of the non-navigational use of the Euphrates and Tigris River System : international law regulating the distribution and utilisation of the water of Euphrates and Tigris illustrated by the Atatük and Ilisu dams by Nicolas Bremer (2017)
- Transboundary water disputes state conflict and the assessment of their adjudication by Itzchak E Kornfeld (2017)
- Winning together: how to negotiate for mutual gains and resolve conflicts over transboundary water and energy resources by Bruno Verdini Trejo (2-017)
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.
- Transboundary Water Institutions in Developing Countries: A Case Study in Afghanistan by Idrees Malyar; Oregon State University, (2017)
- Governance of International Rivers: Threats, Gaps and Challenges by Raman, Durgeshree Devi; (Thesis, Doctor of Philosophy (PhD)). University of Waikato, Hamilton, New Zealand. (2015)
- Nile River: Lifeline and source of conflict for Northeastern Africa. by Jason Pollack; Robert Brooks; Schreyer Honors College. (2015)
Periodicals
- International journal of water resources development
- International journal of river basin management
- Water policy: official journal of the World Water Council
- Journal of transboundary water resources
- Water resources management: an international journal
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.