Legal challenges to the management of transboundary watercourses in Central Asia under the conditions of Eurasian Economic Integration

Abstract

Worldwide experience has shown that interstate economic integration can help states in strengthening of management of transboundary waters and international water law serves as a reference for developing of relevant interstate cooperation. Transboundary waters in Central Asia play important role in the economic cooperation among riparian states, including those who are members of the Eurasian Economic Union (EAEU). At the current stage of transboundary waters management in Central Asia, the obsolete legal status is evident. The international water law sources developed under the United Nations’ auspices have no binding application due to luck of formal membership of the EAEU states in these treaties. Also the regional set of regulations, especially for the Aral Sea Basin, needs further enhancement and more efficient implementation. The bilateral interstate regulatory framework of the managemennt of waters shared by EAEU states in Central Asia requires development of additional rules to enable better accommodation of challenges existing in terms of the current interstate cooperation. Having said that can one further assume that EAEU could serve as a new legal framework for more effective cooperation on transboundary watercourses in Central Asia? The answer might be yes, but… the current stage of the legal framework for cooperation on transboundary waters within the EAEU requires sufficient enhancements in terms of developing its legal and institutional framework. The first condition for EAEU to serve as framework for cooperation on transboundary waters of Central Asia is to strengthen the regulatory framework for the cooperation of EAEU member states regarding environmental issues in general and transboundary water relations in particular, able to accommodate two main goals: environmental protection on the one hand and economic development on the other hand. The EAEU legal framework shall also lead to improvement of existing institutional cooperation and a dispute settlement mechanism on transboundary waters shared by the member states of the EAEU.