International Groundwater Resources Law

"Water is becoming an increasingly scarce resource for most of the world's citizens. The current trends indicate that the overall situation is likely to deteriorate further, at least for the next decade, unless the water profession eschews "business as usual" practices, which can only allow incremental changes to occur." Groundwater is the least understood and least appreciated, yet the most important, natural resource available to mankind. Groundwater represents about 97% of the existing fresh water resources, excluding the resources locked in polar ice. More than one and a half billion people in the urban parts of the world today depend on groundwater. Groundwater supply is more reliable than the seasonal, and sometimes erratic, surface water and provides the main line of defense against drought. Moreover, the quality of groundwater is, by and large, superior to surface water and cheaper to develop. However, when available, data on groundwater is very scanty. As a result, the World Bank is now paying increasing attention to this valuable resource, through both operations and sector work. This publication represents the proceeding of the seminar "Groundwater: Legal and Policy Perspectives" that was organized by the Legal Vice Presidency of the World Bank. It explains some basic technical aspects of groundwater, surveys the regulatory framework for it, and discusses the World Bank experience and international law regarding this precious resource. It is a timely publication and should also assist in a better understanding and appreciation of this valuable source. It will be of interest to Bank staff, borrowing country officials, international agencies and research organizations working on groundwater.

The development of international groundwater law / Albert E. Utton -- Principles for international groundwater law / Dante Caponera and Dominique Alheritiere -- The groundwater legal regime as instrument of policy objectives and management / Robert D. Hayton -- Tronsboundary ground water pollution / Ludwik A. Teclaff and Eileen Teclaff -- International aquifer management / J.C. Day -- Institutional alternatives for Mexico-U.S. groundwater management / Robert D. Hayton -- Institutional alternatives for managing groundwater resources / Robert Emmet Clark -- International groundwater management / Albert E. Utton -- Documents / Ludwik A. Teclaff and Eileen Teclaff

This book provides a comprehensive review of the state of international law as it applies to transboundary groundwater resources and aquifers. The main focus is on recent developments and the emerging international law for transboundary aquifers as reflected in the practice of states and the work of the UN International Law Commission, UN Economic Commission for Europe, and International Law Association. The author takes an interdisciplinary approach to the subject matter and provides the scientific hydro-geological underpinning for the application of law and policy to transboundary groundwater resources. He also addresses the growing global dependence on this hidden resource, as well as both the historical and scientific context for development of the law. The book provides case examples throughout to illustrate the various concepts and developments. These include more detailed examinations of the few existing transboundary aquifer agreements in operation, such as for aquifers between France and Switzerland and Jordan and Saudi Arabia, as well as aquifers in North Africa and in South America.

Effectively managing increasingly scarce transboundary water resources in many parts of the world may become one of the most critical challenges facing the international community in the 21st century. Global warming is expected to exacerbate the existing problems of water scarcity in Africa, the Middle East and Central Asia, and threatens to affect even relatively water-secure regions and countries. Global freshwater resources are shrinking at an increasing pace. Forty percent of the world's population depends on transboundary water resources, a situation that raises serious concerns at the international level. Unresolved issues of water resource use and allocation may create the potential for serious interstate conflicts and undermine regional stability. It is imperative that existing and potential disputes over access to shared water resources are resolved through peaceful means within the framework of legal principles and norms provided by international law. While not yet in force, the 1997 UN Convention on the Law of the Non-Navigational Uses of International Watercourses codifies a number of rules of customary law that apply to international watercourses. However, even in the absence of a universally ratified instrument there is a body of international rules widely acknowledged as an authoritative statement of international law governing international watercourses - the International Law Association (ILA) rules on the law of international water resources. The present book, which contains the complete collection of the ILA rules on international water resources, together with comments, explanatory notes and other supporting materials, will be of significant academic and practical value to the range of experts working in this field. There is no doubt that legal scholars and researchers will find this book very helpful in discovering the conceptual underpinings and the evolution of international water law. For the practitioners, this collection will serve as a useful reference tool containing a wealth of 'black letter' normative material.

In International Groundwater Law and the US-Mexico Border Region, Maria E. Milanes provides a study and analysis of the international groundwater law. The regulation and groundwater management along the US-Mexico border reflect the current international trends for management of transboundary groundwater. International Groundwater Law and the US-Mexico Border Region offers a new international legal and institutional framework to manage fossil aquifers and groundwater in conjunctive use with surface water, where specific guidelines and recommendations for water banking can improve water allocation and protect the environment. This framework can be adapted to any region of around the world. The US-Mexico border is the case study selected to apply and demonstrate the efficacy of this legal and institutional framework.

Groundwater amounts to 97% of available global freshwater resources. Emphasising the crucial importance of this in the context of increasing population, climate change and the overall global water crisis, Francesco Sindico offers a comprehensive study of the emerging body of international law applicable to transboundary aquifers.

"Collection of the reports of the ILA Committee on International Water Resources Law, including decisions taken by the Association in respect to these"--Foreword.