IWL is often called upon to deal with such situations of disagreement and conflict. The principles of the FRPA are expected to guide the behaviour of States to find cooperative solutions that achieve the best possible results for water resources management, as well as for regional cooperation and stability in general. In reality, however, this is not always the case. Instead, the principles of the FRPA are often not sufficient to involve states in negotiating their controversial issues, are unable to shape negotiations in ways that promote compromise outcomes and thus long-term cooperation, or are themselves the subject of disagreement. Basin negotiations also often move along the spectrum, moving from an understanding of the principles of the FRPA as a contentious negotiating issue to an agreed-upon framework that guides negotiations – or the other way around. In the case of the Indus Basin, India relied heavily on the principle of equitable and reasonable utilization at the beginning of bilateral relations in the 1940s. and Pakistan on the principle of no significant harm. The strong antagonism between countries regarding the two main principles of the LIF, as perceived by States, was the main reason for the failure of the negotiations. It was only when an external mediator, the World Bank, intervened in the 1950s that a solution was found, largely based on mutual recognition of both parties` rights to river water and thus acceptance of both principles. This exogenous factor paved the way for the 1960 Indus Water Treaty.Footnote 14 Transboundary waters account for 60% of the world`s freshwater flows. 153 countries have territory in at least one of the 286 transboundary river and lake basins and 592 transboundary aquifer systems. Protocol on Water and Health to the 1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes [ – 44 KB] United Nations Economic Commission for Europe (UNECE), World Health Organization (WHO).
1996 The objective of this Protocol is to promote, at all appropriate levels, at the national, transboundary and international levels, the protection of human health and well-being, both individual and collective, in the context of sustainable development by improving water management, including the protection of aquatic ecosystems, and by preventing, controlling and reducing water-related diseases. (The) Global opening of the 1992 Water Convention United Nations Economic Commission for Europe (UNECE). October 2013 The Convention on the Protection and Use of Transboundary Watercourses and International Lakes (Water Convention) was adopted in 1992 and entered into force in 1996. This publication explains the obligations of the Water Convention and the functioning of its institutional platform, as well as the benefits for States of becoming Parties to the Water Convention. It also discusses the relationship between the Water Convention and the 1997 United Nations Convention on the Law of the Non-navigational Uses of International Watercourses. The publication is aimed at future Parties, international partners, non-governmental organizations and academia and aims to enhance understanding of the Water Convention and its global openness to all United Nations Member States. Legal agreements on water sharing were negotiated and maintained, although conflicts over other issues persisted. Cambodia, Laos, Thailand and Vietnam have been able to cooperate since 1957 within the framework of the Mekong River Commission and had technical exchanges during the Vietnam War. Since 1955, Israel and Jordan have held regular talks on the Partition of the Jordan River, although until recently they were in a state of legal war. The Indus River Commission survived two wars between India and Pakistan. In February 1999, a framework was agreed for the Nile basin, which has a population of 160 million and is shared by 10 countries, to combat poverty and stimulate economic development in the region by promoting the equitable use of shared water resources. The nine countries of the Niger River Basin have agreed on a framework for a similar partnership.
These cases reflect two important elements of international cooperation on water resources: the need for an institution to effectively develop a process of engagement over time; and well-funded third-party support trusted by all political groups. Experts agree that international agreements on inland waterways need to be more concrete, include measures to enforce treaties and include detailed dispute settlement mechanisms in the event of disputes. Better cooperation also involves the establishment of clear but flexible water quotas and water quality standards, taking into account hydrological events, changing basin dynamics and societal values. The IWL principles have received a great deal of attention in recent decades from researchers – especially lawyers, but increasingly also researchers from other disciplines – who are seeking guidance on how to ensure that states use their shared water resources cooperatively and sustainably. This is mainly due to growing concern about the state of the world`s more than three hundred shared rivers, which are being tested by both overexploitation and climate change, and the potential for disagreements and conflicts between riparian states that could arise from these challenges. Second, IWL principles can have an ex ante function, as they shape negotiations and other cooperative processes at the global level and, above all, at the basin level. This is largely due to the procedural rather than normative nature of many IWL standards. Footnote 2 Many of the principles of the LIF, such as the principle of equitable and rational utilization, were not conceived as enforceable mechanisms to punish states ex post, but as ex ante guidelines for government behaviour that promotes a common good – the cooperative and sustainable management of shared water resources. Therefore, the principles of the FRPA are particularly relevant in the negotiation process and are therefore not only part of an international legal regime, but also instruments of water diplomacy. Governments must cooperate in transboundary water resources management. Increased cooperation is essential, especially in areas vulnerable to the effects of climate change and where water is already scarce.
Transboundary basins and aquifers create a hydrological, economic and social link between communities living in border areas and beyond. Groundwaters in international law. Compilation of Treaties and Other Legal Instruments [ – 503 KB]United Nations Educational, Scientific and Cultural Organization (UNESCO), Food and Agriculture Organization of the United Nations (FAO). 2005 This publication brings together a large number of binding and non-binding instruments of international law that address groundwaters to varying degrees and from different angles. The aim is to report on developments in international law and to help uncover laws in this area. To cope with climate change and the demands of a growing population, we need a supranational and integrated approach to the management of transboundary water resources that balances the needs of people and the environment. A typical case can be found in the negotiations for the Grand Ethiopian Renaissance Dam (GERD).