Institutions for management of transboundary water resources: their nature, characteristics and shortcomings

Abstract

This paper examines the evolution structure and characteristics of the management systems of 12 transboundary river basins: The Mekong, Indus, Ganges–Brahmaputra, the Nile, Jordan, Danube, Elbe, Rio Grande and Colorado, Rio de la Plata, Senegal and Niger. The paper presents the legal principles which guide the legal regime of the studied rivers, particularly the principle of equitable use of transboundary water resources and the obligation not to cause harm in the management of transboundary water resources. The practice of management in the abovementioned rivers is divided into three categories: (a) Treaties and agreements stopping short of allocating water between riparian states such as free navigation treaties or institutions which were established for a sole purpose such as combating pollution (Elbe, Danube, Rhine). (b) Treaties and agreements allocating water between states (the Indus, Nile, Ganges, Jordan). (c) Agreements for joint management of internationally shared waters (Colorado and Rio Grande, Mekong, Senegal and Niger). Some of the institutions discussed in this paper have evolved only after a long conflict (Indus, Ganges, Jordan) and that there is a danger of adopting institutions for only a portion of a river basin (Mekong, Nile). The success of institutions which were founded on basin-wide joint management lie in their territorial coverage and broad functional frameworks. These institutions also reflect, in the best way, the current legal norms in the management of transboundary water resources.