Transboundary Water Agreements Research Articles

The environment comes later: when and how environmental considerations are included in transboundary water agreements

ABSTRACT Until recently, most transboundary water agreements largely focused on utilization, frequently leading to environmental impacts. We examine under which circumstances are environmental considerations included in transboundary water agreements, how are they included and whether they address environmental effects of previous agreements. We analyse 75 treaties, many of which occur within (sub)basins with previously established water agreements. Human water stress, upstream large dams, OECD membership and previous water treaties (particularly those concerning utilization) are the most prevalent conditions where environmental degradation is considered. Our results also suggest that aridity incentivizes negotiating relationships to develop, thereby facilitating environmental water cooperation.

Strengthening ZOPACAS: the Maritime Safety Roadmap for the South Atlantic

Population growth poses one of the greatest challenges for human survival in the 21st Century and, increasingly, man is turning to the sea for food and energy. As the ocean has no physical boundaries, it is inevitable that some of these activities will affect the seashore and jurisdictional waters of coastal States, negatively affecting those nations’ territorial waters, with all the economic and social ramifications that entails. Recent studies point to most threats to maritime jurisdictions coming from undetected acts perpetrated on the high seas. Therefore, this article looks at potential threats in this domain and measures to mitigate those threats, in full compliance with the provisions of the United Nations Convention on the Law of the Sea. That fact, and the limitations imposed by international law, make it impossible for any one country to address these issues alone. Increasingly States need the support of hemispheric alliances, such as the Organization of American States, and transboundary water agreements such as the South Atlantic Peace and Cooperation Zone. Leveraging those alliances and agreements to reinforce maritime safety is the surest way to foster cooperation among developing nations, including those with coasts along the South Atlantic, and to prevent maritime threats from undermining their future.

A legal obligation to adapt transboundary water agreements to climate change?

Abstract Climate change disrupts the water cycle, jeopardises the security of water, food, and energy systems, and forces states to rethink water management practices to adapt to the new hydrological realities. When states share a water resource, adaptation to climate change proves to be more burdensome, especially if the resource in question is governed by a transboundary water agreement that fails to incorporate flexibility. The focus of this paper is on transboundary water basins with more than two riparian states, where only part of the co-riparian states are party to a transboundary water agreement. The paper discusses whether the recognition of the principle of equitable and reasonable use of water as a principle of customary international law creates an obligation for the party states to such agreements to adapt the terms of their arrangement to climate change. It argues that the principle of equitable and reasonable use of water establishes an obligation of conduct for the states to respect non-parties' riparian rights to a fair share of beneficial uses of water and protect the environment. Therefore, the nature of disruptions caused by climate change may make it imperative for the party states to take all possible measures that allow them to modify their water practices under an agreement to the implications of climate change in order to comply with the principle of equitable and reasonable use of water.

Engaging non-state actors in the negotiation and implementation of international watercourse agreements: experiences and lessons learned from Canada

ABSTRACT Each nation-state has the discretion to decide whether, and to what extent, to engage ‘non-state’ actors in, and incorporate their interests into, the negotiation or implementation of international agreements. Through the prism of Canadian local governments along the Columbia River, we analyze some of the relevant practice in engaging non-state actors in the management of international shared watercourses. This article reviews the valuable role non-state actors can play in the negotiation and implementation of transboundary water agreements.

Legal Implications of the Use of Big Data in the Transboundary Water Context

This article examines the potential legal implications of the adoption and implementation of transboundary water agreements and international water conventions as a result of the emergence of ‘big data’. This digital technology is set to change the ways in which water data is collected and processed. Big data has been addressed by a few previous studies, which have focused primarily on information technology and environmental law. Using doctrinal and non-doctrinal legal research methods, this article will answer the following question: Are there legal implications for the use of big data in the transboundary water context? The article will illuminate this question as a political issue that may result in different scenarios, with the possibility that all nations decide to use big data in the transboundary water context proposed as the most likely outcome. As a result, this article will call for new treaty provisions to address technological developments and big data’s inclusion in international water agreements and transboundary water treaties.

Ethiopia’s Path to Water Security: the case study of the Grand Ethiopian Renaissance Dam

본 논문은 1990년대부터 현재까지 나일강 유역국가 간 권력관계의 발전과정을 이집트와 에티오피아를 중심으로 연구하고자 한다. 분석 틀로서 하이드로-헤게모니 이론을 적용하여 에티오피아의 대 이집트 헤게모니 대응전술과 불평등한 권력관계에 대한 에티오피아의 전략들을 분석한다. 또한 일련의 국가 간 수자원 협정 평가를 통해 나일강 유역의 권력 비대칭과 관련된 다양한 요인들을 검토한다. 그랜드 에티오피아 르네상스 댐(Grand Ethiopian Renaissance Dam) 사례연구는 에티오피아의 대 이집트 헤게모니 대응전략 중 하나로서 나일강 유역국가의 수자원 재배분을 초래한다는 점에서 의의가 있다. 더불어 댐건설로 인한 여러 가지 영향을 평가하고 댐 건설이 하류 국가(이집트 및 수단)와의 수자원 갈등을 지속시킬 것이지 또는 협력의 촉매제로 작용할 것인지를 논의한다.The study aims to examine the extent to which power relations in the Nile River Basin have developed over the past decades with special attention to the two Nile riparian nations, Egypt and Ethiopia. By applying hydro-hegemony as a theoretical framework, the thesis analyzes Ethiopia’s counter-hegemonic tactics and strategies to challenge unequal hydro-configurations under the Egyptian dominance. A variety of factors that have entailed power asymmetry in the Nile River Basin will be addressed through the evaluation of a series of transboundary water agreements from the 1990s to the present. The case of the Grand Ethiopian Renaissance Dam (GERD) will be evaluated to elaborate the strategies of Ethiopian counter-hegemony strategies that will enable Ethiopia to reallocate the Nile water resources for the upstream and downstream countries. The study appraises diverse impacts of the GERD and discusses whether the dam will culminate ensuing conflicts or cooperation.

Finland’s cooperation in managing transboundary waters and the UNECE Principles for Effective Joint Bodies: Value for water diplomacy?

Water diplomacy may be understood broadly as the measures that may be taken to prevent or peacefully resolve conflicts over water resources concerning their availability, allocation or use between and within states. The concept is preventive in nature as well as offering an approach for conflict resolution. Instruments of international water law, among them notably conventions and soft law developed on that basis – which promote equitable and reasonable use of transboundary waters and prevention of transboundary impact – can serve as tools for water diplomacy. The obligation to establish agreements on shared waters and joint bodies to govern them has contributed to gathering important experience, and some of this has been synthesized into the Principles for Effective Joint Bodies which were adopted by the Meeting of the Parties to the UNECE Water Convention in 2015. The Principles are intended as a resource to increase the effectiveness of joint bodies in transboundary water cooperation.This paper analyses Finland’s cooperation arrangements in the light of the Principles and assesses the extent to which Finland’s transboundary water commissions reflect the good practices specified in the Principles. Taking a wider perspective, the paper also examines the elements of the principles and their practical realisation with a view to understanding better their promotion of water diplomacy. Relevant features include, inter alia, the competency and representation of the joint institution, its accountability and the extent to which public participation is permitted, and the cooperative mechanisms in place. Naturally the underlying transboundary water agreements specify the framework for cooperation between the riparian states to a great extent, but the established joint bodies often play a significant role, specifically in the equitable use and management of the shared water resources, but even beyond, in the prevention and settling of conflicts, and in the general promotion of cooperation and security at a regional level.

The Columbia River Treaty Renegotiation from the Perspective of Contract Theory

This paper contributes to the literature on transboundary water agreements by analyzing the Columbia River Treaty renegotiation from the perspective of contract theory. Contract theory has become a powerful part of the economics toolbox but it is much less well known outside of the discipline than game theory. We demonstrate the importance of the concept of contract completeness in identifying efficient contractual arrangements that can consider the tradeoffs of increased flexibility. The limited objectives of the first treaty meant that it was possible to write a complete contract. Climate change and more complex stakeholder interests have moved any future agreement into the realm of incomplete contracts. Alternative types of incomplete contracts are considered as potential future treaty arrangements. The approach used in this study should provide a more general framework for working through potential treaty designs from an efficiency standpoint.

Insights, lessons and benefits from improved regional water security and integration in Australia

Abstract The Murray-Darling Basin (MDB) in Australia provides a leading example of a region that has established wide-ranging transboundary water agreements. The MDB extends into four states and one territory, and these states have disagreed continuously over water sharing since Federation in 1901. The first major transboundary water agreement was the 1915 River Murray Waters Agreement, which was followed a century later by the 2012 Basin Plan. One of the objectives of the Basin Plan is to reallocate 2750 GL from consumptive to environmental use in the MDB. Although the Basin Plan built on many other water reforms of the previous century, it does represent the most significant effort to date to estimate sustainable water use levels in the MDB and value the benefits and costs of various water reallocation scenarios. This study provides an overview of the major water policy reforms in the MDB, and reviews the identified benefits and costs of the 2012 Basin Plan. A number of insights and lessons are drawn throughout. Overall, the results signal that the quantified benefits of the Plan may outweigh the costs by up to three times. However, there are lessons to be learned from the extensive consultation, valuation and compensation paths that were adopted in Australia. It may not be possible for many other countries to implement such paths. Although Australia is on a path to sustainable water extraction, there is still much to be done and further policy will need to be flexible enough to allow further adaptation and innovation.

Changing the nature of transboundary water agreements: the Israeli–Palestinian case

This abridged version of the proposal developed for Friends of the Earth Middle East presents the design for an agreement between Israelis and Palestinians to share water in a physically realistic, ecologically sustainable and socially equitable manner. Existing arrangements are, at best, inadequate and, in some cases, counterproductive. The proposal relies upon ongoing monitoring and mediation to achieve equitable and sustainable use. It presents why and how an agreement on water can be reached now, before resolving the full range of issues required in a Final Status Agreement between Israel and Palestine.

Negotiating conflict resolution mechanisms for transboundary water treaties: A transaction cost approach

Conflict resolution mechanisms are recognised as indispensable constituting elements of transboundary water agreements. Earlier studies confirm, however, that such mechanisms are either incomplete, unsophisticated or absent from treaties. We argue that transaction costs, which occur during treaty negotiation, may constitute a barrier to the adoption of conflict resolution mechanisms in water treaties. Transaction costs are never equal and depend largely on the context in which negotiations take place. A content analysis of the treaties in the Transboundary Freshwater Dispute Database demonstrates that the adoption of conflict resolution mechanisms to transboundary water treaties is not random, but may be affected by external factors that influence the transaction cost of negotiating such mechanisms. Water scarcity and a history of cooperative hydro-relations are factors that coincide with the presence of conflict resolution mechanisms in treaties and are therefore considered to lower transaction costs. External resource dependency is believed to stir transaction costs to such an extent that it prevents the adoption of mature mechanisms. The same goes for political freedom, political heterogeneity and the presence of colonial signatories as these factors correlate with mechanism absence and the adoption of a low number of conflict resolution mechanisms per treaty. The effect of hydrological variability resulted insignificant, indicating that variability remains largely ignored by negotiators of transboundary water treaties. Our research further shows that if a mechanism for conflict resolution contains one element of maturity (e.g. institutionalisation or an activation procedure based on a unilateral rule) other elements of maturity are also likely to be present, providing negotiators with an incentive to negotiate conflict resolution mechanisms with at least one mature characteristic. Finally, the adoption of a high number of mechanisms coincides with the presence of institutionalised forms for conflict resolution, supporting the incentive of negotiating more than two mechanisms per treaty.

Role and relevance of the 1997 UN Watercourses Convention in resolving transboundary water disputes in the Nile

International water law has played an important role in the management of international watercourses by setting principles that enabled a number of watercourse States to address disputes over their shared fresh water resources. In this regard, the adoption by the UN General Assembly of the UN Watercourses Convention (UNWC) on the Law of Non-Navigational Uses of International in May 1997 was a milestone in the codification and development of universal principles governing international watercourses. The influence of the UNWC is demonstrated in many international watercourses, in particular, the Nile River Basin Cooperative Framework Agreement (CFA). This article argues that despite its non-entry into force, the Convention can help to narrow down the rift between upstream and downstream riparian countries on a number of substantive and procedural issues. In support of this argument, the article examines the content of the Nile River Basin CFA vis-à-vis basic principles of the UNWC in order to exhibit the significance of the rules of the Convention in resolving some seemingly intractable transboundary water disputes in one of the world's largest rivers. However, the failure of the Convention to acquire sufficient number of ratification for its entry into force, 16 years after its adoption had led pessimists to doubt its role as a functioning international instrument in providing guidance in resolving transboundary water agreements. The article makes recommendations for strengthening the applicability of the Convention as an emerging treatise.

A review of the evolution and state of transboundary freshwater treaties

Internationally shared basins supply 60 % of global freshwater supply, are home to about 1/3 of the world’s population, and are focal points for interstate conflict and, as importantly, cooperation. To manage these waters, states have developed a large set of formal treaties, but until now these treaties have been difficult to access and systematically assess. This paper presents and makes publicly available the assembly and organization of the largest known collection of transboundary water agreements in existence. We apply for the first time a “lineage” concept to differentiate between independent agreements and groups of legally related texts, spatially reference the texts to a global basin database, and identify agreement purposes, goals and a variety of content areas. The 688 agreements identified were signed between 1820 and 2007 and constitute 250 independent treaties which apply to 113 basins. While the scope and content varies widely, these treaties nominally govern almost 70 % of the world’s transboundary basin area. In terms of content, treaties have shifted from an earlier focus on regulation and development of water resources to the management of resources and the setting of frameworks for that management. While “traditional” issues such as hydropower, water allocation and irrigation are still important, the environment is now the most commonly mentioned issue in treaty texts. Treaties are also increasingly likely to include data and information sharing provisions, have conflict resolution mechanisms, and include mechanisms for participation beyond traditional nation-state actors. Generalizing, treaties have become more comprehensive over time, both in the issues they address and the tools they use to manage those issues cooperatively.

Desalination, space and power: The ramifications of Israel’s changing water geography

Desalination alters a basic premise of water geography – fresh water flows from the sea inward, rather than the other way around. But, is this observation important? To address this question it is necessary to identify the potential ramifications of the changes in the water geography brought about by desalination. Israel is used as a basis for identifying these ramifications as it has recently embarked on a large-scale desalination program. The direct readily observable implications of the three main attributes of desalination, the reversal of flow direction, the continuity of water production, regardless of weather and climate vagrancies, and its cost are first spelled out. Then the potential ramifications for internal power structures, pricing and transboundary water agreements are discussed for the Israeli and Israeli–Arab scene. It is shown that the spatial flexibility introduced by desalination may undermine existing power relations within the water sector, which were based on the previous water geography. In the Israeli case these changes may be used to undermine the monopoly power of the national water company and of its organized labor, thereby advancing a neoliberal agenda. Desalination may have also significant distributional implications, as a function of the pricing effects it may have. Finally, the new water geography raises new issues in the Israeli–Arab water scene. The general insights gained from the Israeli case are then spelled out.

Climate-proofing transboundary water agreements

Global climate change will pose a wide range of challenges to freshwater resources, altering water quantity, quality, system operations, and imposing new governance complications. Among the many unresolved challenges is how to integrate information on future hydroclimatological conditions into the politically complex system of transboundary water agreements, including formal treaties, international agreements, and transnational management institutions. Yet, most treaties and international agreements lack important tools for dealing with current challenges, such as flood control and water quality, and they lack adequate mechanisms for addressing changing social, economic or climate conditions. There are various approaches that can be incorporated into existing treaties to allow for flexibility in the face of climate change, including: (1) adjustable allocation strategies and water-quality standards; (2) response strategies for extreme events; (3) amendment and review procedures; and (4) joint management institutions. We offer some explicit examples where specific strategies have been successfully implemented in ways that both reduce the risks of political conflicts over shared waters and lessen vulnerabilities to climatic changes. Citation Cooley, H. & Gleick, P. H. (2011) Climate-proofing transboundary water agreements. Hydrol. Sci. J. 56(4), 711–718.

Water resources data and information exchange in transboundary water treaties

Despite international calls for data and information sharing in transboundary waters and basin-specific evidence of its importance to cooperative management, no systematic research has been undertaken to answer questions of where, how frequently, and which water resources data and information are exchanged. This paper examines all available transboundary water agreements signed between 1900 and 2007 to determine the degree to which water resources data and information is exchanged in the world’s regions, how the level of exchange has developed over time, and the different ways in which data and information sharing has been codified in practice. In doing so, we reveal important trends regarding the mechanisms, types, and frequencies of water resources data and information sharing—as well as differences across temporal and spatial scales, by treaty type and function, and regime type. The results indicate that data and information exchange as already practiced is more nuanced and, in some senses, widespread than may commonly be recognized. Further, the results reveal key linkages between democracy and data and information exchange and provide a basis to test analogous linkages related to data sharing and other variables in transboundary water settings.

Confronting water in an Israeli–Palestinian peace agreement

Summary Trans-boundary water agreements are usually conceived as allocation agreements. In other words, water is treated as if it were a pie to be divided among the riparian states. The treatment of water as if it were as immobile as land may be useful in the short term, but it is fundamentally flawed as a means to avoid conflict as well as to ensure efficient, equitable, and sustainable management of water over the long term. This article proposes to avoid quantitative allocations within international water agreements, whether they be presented as percentage or fixed allocations or whether or not accompanied by a periodic revision clause. It proposes instead an ongoing joint management structure that allows for continuous conflict resolution concerning water demands and uses in a manner that effectively de-nationalises water uses. As well, it builds on existing, functioning institutions that are already active over a variety of scalar levels. It disaggregates what is usually perceived as a national water demand into its component institutions and re-aggregates them within an international institutional context. Though this approach for building trans-boundary water agreements can prove useful in any geographical situation, this article uses the Israeli–Palestinian conflict as a model. It proposes to respect the existing differences in the institutional management of water between the two entities and to reach four general objectives: economic efficiency, social and political equity, ecological sustainability, and the ability to implement the agreement in practice. The institutional design and proposed mechanisms follow five key principles for shared management: water allocations that are not fixed but variable over time; equality in rights and responsibilities; priority for demand management over supply management; continuous monitoring of water quality and quantity; and mediation among competing uses of fresh water. This institutional structure balances water quantity and water quality issues and economic and environmental goals in a de-securitised fashion. Though specifically applied to water shared by Israelis and Palestinians, the objectives, principles and institutional structure are relevant to any place in the world where trans-boundary water divides rather than unites two or more peoples.

A methodological framework supporting trans-boundary water agreements: the case of the Nestos/Mesta river basin

Management of trans-boundary river basins is a major issue that has attracted great attention in recent years. The European Water Framework Directive (WFD) recommends management at a river basin level, overlooking any national or administrative borders. This new managerial approach impels water managers to disregard the trans-boundary nature of the water resources while considering an integrated river basin where only geographical boundaries exist. The new challenge for scientists and water managers is the establishment of water agreements between countries sharing water resources. These agreements should aim at the settlement of tensions and conflicts while providing the essential framework for cooperation and consensus building. Apparently, the content of these agreements should comply with international law and the relevant international conventions especially, as noted by the WFD, the UNECE Convention on the Protection and Use of Trans-boundary Watercourses and International Lakes (known as the Helsinki Rules), approved by the European Council in 1995. This paper examines the efficiency of water agreements and their precedent negotiations using the best known international examples while focusing on the Greek–Bulgarian agreement for the waters of the Nestos/Mesta River and its compliance with the WFD and the Helsinki Rules. As shown, the two countries have failed to implement a joint effort to put it into action; hence a methodological framework is proposed including certain strategic steps that can guide the two countries to a more effective and applicable water agreement taking into account the peculiarities of this trans-boundary area.

Reflections on the Normative Prescription of Sustainable Development in Recent Transboundary Water Treaty Practice

The concept of sustainable development has gained considerable attention in the field of natural resources law and policy since the United Nations Rio Conference of 1992. The practical application of the concept has, however, proved to be one of the major challenges of the 21st Century. Due to conflicting interests between various groups, the concept has struggled to be transformed from abstract theory to practical application. The field of transboundary water law and policy is not immune from this problem. While the concept has been mentioned in most agreements dealing with transboundary waters, it is not always clear what the normative prescription of such inclusion is. This can be seen by the varying attention that the concept, and in particular its core values, has received in recent transboundary water agreements. While the agreements show a clear commitment on the side of States to work towards sustainable development, they also demonstrate that the concept has yet to be clearly prescribed in legal terms. A review of recent transboundary water agreements leads to the conclusion that, while there are some positive signs, considerable work remains to be done in order to produce practical mechanisms designed to effectively and efficiently balance the need for development with the need to protect the environment.