Abstract

Resolution A/RES/70/1 entitled Transforming our world: the 2030 Agenda for Sustainable was adopted by the United Nations General Assembly (UNGA) on 25 September 2015 and included a set of 17 Sustainable Development Goals (SDGs), developed to replace the previous 8 Millennium Developments Goals (MDGs), their timeframe having just ended. One of the focuses of these SDGs was to address certain shortcomings of the past MDGs, by adopting a more comprehensive, governance and peace-building oriented, approach. It is noteworthy that for the first time a water and sanitation-dedicated Goal (SDG 6) was adopted, aimed at ensuring availability and sustainable management of water and sanitation for all. It is even more remarkable that one of its Targets (Target 6.5) is specifically dedicated to implementing integrated water resources management (IWRM) at all levels, including through transboundary as appropriate. Progress towards Target 6.5 is to be measured through two Indicators defined as the degree of IWRM implementation (0-100) (Indicator 6.5.1), and the proportion of transboundary basin area with an operational arrangement for water cooperation (Indicator 6.5.2). SDG Indicator 6.5.2 emphasizes the importance of the law of international watercourses, by using arrangements as a measurement of transboundary and therefore acknowledging the role legal instruments play in the protection, preservation and management of transboundary freshwater resources. While the establishment of an indicator on transboundary water is most opportune and promising, its formulation and calculation raises some technical, scientific and legal questions. It is the legal questions that I am attempting to address in this paper. After an overview and preliminary assessment of SDG Indicator 6.5.2's reporting mechanism, this article will provide supporting arguments for an adaptation of Indicator 6.5.2 and will offer a proposal for an adjustment of Indicator 6.5.2, ahead of the upcoming 2020 revision of the SDG Indicators conducted by the Inter-agency and Expert Group on SDG Indicators (IAEG-SDG).

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