Cooperation In The Law Of Transboundary Water Resources

This book analyses the legal challenges facing international cooperation on water management in the twenty-first century.

China and its neighbours face a series of water security issues, in which international law plays a vital role. Paramount to both policymakers and researchers in the field of water law, the current status of transboundary water cooperation schemes and how these operate in China is of global significance. Grounded in international experience, this comprehensive volume provides readers with an up-to-date overview of current international transboundary water resource sharing policies and practices, including detailed case studies at both domestic and international levels. The authors discuss existing international laws, treaties, and principles that may stimulate transboundary water cooperation and dialogue, and then analyse a number of international experiences with treaties in North America, Eastern Europe, and Central Asia. They take stock of China’s water resource issues, legal practices and options, examine case studies of China’s southern shared rivers, and explore some innovative approaches to cooperative management of shared waters within China. The articles in this book were originally published in the journal Water International.

This book establishes a framework for defining transboundary water cooperation and a methodology for evaluating its effectiveness, which will contribute to more effective and therefore successful cooperation processes. With the increasing focus on transboundary cooperation as a part of the Sustainable Development Goal Framework, there is global recognition of transboundary water cooperation as a tool for improved governance and management of transboundary surface and groundwaters. However, there is not an agreed upon definition of transboundary water cooperation in the literature or in practice. This book develops the Four Frames of Transboundary Water Cooperation, which is a neutral modular framework for developing context-specific explanatory definitions of transboundary water cooperation in basins and aquifers. The Four Frames of Cooperation are legal, institutional, relational, and outcome. However, we need to move beyond defining cooperation to understand better measures of the quality and effectiveness of cooperative processes. The Weighted Model of Effective Cooperation presents a first step in qualitatively evaluating the effectiveness of transboundary water cooperation. This model defines effective transboundary water cooperation and operationalizes a method to evaluate the effectiveness of cooperative processes over internationally shared waters. Effective cooperation emphasizes the relational and outcome frames of cooperation while working towards equitability and sustainability. Together, the Four Frames of Cooperation and the Weighted Model of Effective Cooperation will improve the understanding of cooperation and encourage a detailed evaluation of the quality, success, and effectiveness of cooperative processes. This book will be of great interest to students and scholars of water resource management, water governance, and environmental politics. It will also appeal to policymakers and professionals working in the fields of water conflict, water diplomacy, and international cooperation.

This book, which was first published in 1992 and then updated in 2007, provides a tool for dealing with the legal and institutional aspects of water resources management within national contexts and at the level of transboundary water resources. Like its two previous editions, it seeks to cover all aspects that need to be known in order to attain good water governance, but it provides updates concerning developments since 2007. These relate, inter alia, to the following: - the “greening” of water law, which calls for the progressive integration of environmental law principles into domestic and international water law; - the adoption, by the International Law Commission in 2008, of the Draft Articles on the Law of Transboundary Aquifers, and subsequent developments; - the emergence of the right to water as a self-standing human right; - the adoption of domestic water laws supporting integrated water resources management (IWRM) and enhanced public participation in planning and decision making; - the integration into these laws of tools facilitating adaptive water management as a response to climate variability and change; - progress in the implementation of EU law; - recent international agreements and judicial decisions; - efforts of regional organizations other than the EU to steer cooperation in the management of transboundary water resources and the harmonization of national laws; - institutional mechanisms for the management of transboundary water resources (surface and underground). Unique in its scope and nature, the book identifies the legal and institutional issues arising in connection with water resources management and provides guidelines for possible solutions in a manner accessible to a wide range of readers. Thus, it is a useful reference for lawyers and non-lawyers — engineers, hydrologists, hydrogeologists, economists, sociologists — dealing with water resources within government institutions, river basin commissions, international organizations, financing institutions and academic institutions, among other things, and also for students of disciplines related to water resources.

At the UN General Assembly in 1997, an overwhelming majority of States voted for the adoption of the United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses – a global overarching framework governing the rights and duties of States sharing freshwater systems. Globally, there are 263 internationally shared watersheds, which drain the territories of 145 countries and represent more than forty percent of the Earth's land surface. Hence, inter-State cooperation towards the sustainable management of transboundary water supplies, in accordance with applicable international legal instruments, is a topic of crucial importance, especially in the context of the current global water crisis. This volume provides an assessment of the role and relevance of the UN Watercourses Convention and describes and evaluates its entry into force as a key component of transboundary water governance. To date, the Convention still requires further contracting States before it can enter into force. The authors describe the drafting and negotiation of the Convention and its relationship to other multilateral environmental agreements. A series of case studies assess the role of the Convention at various levels: regional (European Union, East Africa, West Africa, Central Asia, Central America and South America), river basin (e.g. the Mekong and Congo) and national (e.g. Ethiopia and Mexico). The book concludes by proposing how future implementation might further strengthen international cooperation in the management of water resources, to promote biodiversity conservation as well as sustainable and equitable use.

In Transboundary Water Cooperation in Europe, Götz Reichert analyzes the multidimensional regime for the protection and management of European transboundary freshwater resources that is composed of international water law, the water law of the European Union, and domestic water legislation.

Bridges over Water places the study of transboundary water conflicts, negotiation, and cooperation in the context of various disciplines, such as international relations, international law, international negotiations, and economics. It demonstrates their application, using various quantitative approaches, such as river basin modeling, quantitative negotiation theory, and game theory. Case-studies of particular transboundary river basins, lakes, and aquifers are also considered. This second edition updates the literature on international water and in-depth analyses on political developments and cooperation between riparian states. With an appended chapter on principles and practices of negotiation, and a new case study on the La Plata Basin, this edition is a timely update to the field of transboundary water studies.