Abstract
Quarrels between states sharing a transboundary aquifer (TBA) have been relatively minor in comparison with the more boisterous disputes seen in many of the world's shared river basins. Yet, transboundary groundwater can easily serve as the basis for cross-border disagreements. Twice as many TBAs and shared groundwater bodies have been identified globally as compared to transboundary rivers and lakes, and the volume of accessible groundwater exceeds all surface waters by a factor of one hundred. Yet, the number of treaties in force for TBAs is miniscule in comparison with those for transboundary rivers and lakes. Moreover, dozens of nations exploit groundwater from a TBA, often unilaterally and without knowing the cross-border implications, or even that the aquifer is transboundary. The lack of prioritization of groundwater in international practice and law, coupled with the reality that groundwater is “out of sight,” and thereby “out of mind,” has relegated shared aquifers as the neglected stepchildren of international water law. But, with many of the world's nations experiencing growing water scarcity and stress, this situation undoubtedly will change. This essay highlights the growing pains of international groundwater law and the challenges for its identification and articulation. Specific hydrogeologic characteristics of various TBAs are presented and, where relevant, placed in the context of water scarcity and security and recognized international legal norms.
Highlights
Quarrels between states sharing a transboundary aquifer (TBA) have been relatively minor in comparison with the more boisterous disputes seen in many of the world’s shared river basins
The number of treaties in force for TBAs is miniscule in comparison with those for transboundary rivers and lakes
Only a handful of treaties in force apply to TBAs, and few nations have directly engaged with their neighbors over their shared groundwater
Summary
Quarrels between states sharing a transboundary aquifer (TBA) have been relatively minor in comparison with the more boisterous disputes seen in many of the world’s shared river basins. Transboundary groundwater can serve as the basis for cross-border disagreements. Dozens of nations exploit groundwater from a TBA, often unilaterally and without knowing the cross-border implications, or even that the aquifer is transboundary. This essay highlights the growing pains of international groundwater law and the challenges for its identification and articulation. Only a handful of treaties in force apply to TBAs, and few nations have directly engaged with their neighbors over their shared groundwater. The law for cross-border surface water is relatively well-established and might serve as a basis for TBAs, it is unlikely to transfer directly without adjustment. Because certain aquifer types have characteristics that are distinct from other aquifers and surface waters, it remains unclear whether all freshwater resources can be governed under one legal regime, or whether fragmentation in the law will result. The challenge is whether we can conceptualize a rational and effective legal regime for TBAs before significant disputes arise
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