The Law of Transboundary Aquifers Mohammad Zishan Assistant Director CWC

Aquifers

Transboundary Aquifers

Models of Aquifers A)

Models of Aquifers B)

Models of Aquifers C)

Models of Aquifers D)

Need of Law ?? Unsustainable Development Sustainable development is the organizing principle for meeting human development goals while at the same time sustaining the ability of natural systems Over Exploitation Overexploitation refers to harvesting a renewable resource to the point of diminishing returns. Conflict Water scarcity in near future can trigger war among nations. Climate change Intensity and frequency of extreme events is increasing

Aspects for effective law Environment Institutional Scientific Hydrological Socio Economic Legal

Who Dug a Trap

Evolution of Law Reasonable and equitable utilization Helsinki Rules (1996) Gives parallel status to surface water but Neglects transboundary aspect Agenda 21(1992) Chapter 18 Does not include confined aquifer Convention on International Watercourses (1997) Explicitly mentioned Transboundary aquifers UNESCO’s IHP 2008 U.N. Draft Articles

UNESCO Draft Article 2008 Equitable and reasonable utilization Sovereignty of aquifer States Obligation not to cause significant harm Protection and preservation of ecosystems Regular exchange of data and information

Conclusion Quantifiable interaction between surface water and ground water IWRM at Basin level approach enough ??

Conclusion Quantifiable interaction between surface water and ground water Accurate assessment of TBA from scientific Hydrological perspective. Legal principles, especially at the global level