World Water Week Developments in International Law Applicable to Transboundary Aquifers: A Sustainable Development Goal Perspective Wednesday 26/09/2015, 9:00 – 10:30, FH little Theatre Does the Format Matter for Sustainable Development? The Future of the Law of Transboundary Aquifers Francesco Sindico Reader in International Environmental Law, University of Strathclyde Law School Director, Strathclyde Centre for Environmental Law and Governance

Does the Format Matter for Sustainable Development? The Future of the Law of Transboundary Aquifers Question to the distinguished Panel Can transboundary aquifer management deliver sustainable development with the Draft Articles on the Law of Transboundary Aquifers in their current format?  What is the International Law applicable to TBAs  Does it deliver sustainable development?  What is its current format?

Does the Format Matter for Sustainable Development? The Future of the Law of Transboundary Aquifers What is the International Law applicable to TBAs? 2002 – UNILC starts working on the topic of “shared” natural resources” transboundary groundwater, oil and gas 2003 – UNILC drops oil and gas, and focuses only on transboundary “aquifers” 2008 – A/RES/63/ – A/RES/68/ / 1996 – UNECE Water Convention UNWC 2012 – UNECE Model Provisions 2014 – UNWC Entry into force

Does the Format Matter for Sustainable Development? The Future of the Law of Transboundary Aquifers What is the International Law applicable to TBAs? UNWC Draft Articles UNECE Water Convention Model Provisions UNWC: treaty, but not universal participation UNECE Water Convention: Pan- European United Nations International Law Commission Draft Articles on the Law of Transboundary Aquifers: not a treaty… Model Provisions: Pan-European and a decision of a Meeting of the Parties

Does the Format Matter for Sustainable Development? The Future of the Law of Transboundary Aquifers What is the International Law applicable to TBAs? Recent developments:  Agreement between the Government of the Hashemite Kingdom of Jordan and the Government of the Kingdom of Saudi Arabia for the Management and Utilization of the Ground Waters in the Al-Sag/Al-Disi Layer. Signed in Riyadh on 30 April 2015

Does the Format Matter for Sustainable Development? The Future of the Law of Transboundary Aquifers Do the Draft Articles deliver sustainable development? Draft Articles, art. 5.1.b): “Utilization of a TBA in an equitable manner requires taking into account the social, economic and other needs, present and future, of the Aquifer States concerned.” Future generations SocialEconomic Other (Environmental?) Art. 10 Ecosystems Art. 11 Discharge and recharge zones Art. 12 Pollution

Does the Format Matter for Sustainable Development? The Future of the Law of Transboundary Aquifers What is the current format of the Draft Articles? 2008 – Annexed to a UNGA Resolution (A/RES/63/124) 2011 – Annexed to a UNGA Resolution (A/RES/66/104) 2013 – Annexed to a UNGA Resolution (A/RES/68/470) ? The outcome of the United Nations International Law Commission can be found in a United Nations General Assembly Resolution.

Does the Format Matter for Sustainable Development? The Future of the Law of Transboundary Aquifers What is the current format of the Draft Articles?  Format is not likely to change;  Understanding the effectiveness of the current format becomes important;  Can a non-legally binding instrument such as a UNGA Resolution effectively “guide” States in their TBA management? A/66/104 (2011) Draft Articles will be “taken into account” The final form of the Draft Articles will be discussed A/68/470 (2013) Draft Articles will “guide” The final form of the Draft Articles is not on the agenda (2016)

Does the Format Matter for Sustainable Development? The Future of the Law of Transboundary Aquifers What is the current format of the Draft Articles? Example of international relations based on UNGA Resolutions annexing the work of the UNILC:  2001 Draft Articles on the Responsibility of States for Internationally Wrongful Acts  2001 Draft Articles on Prevention of Transboundary Harm from Hazardous Activities Customary International Law Progressive development of International Law Examples of International Law moving towards softer regimes:  Sustainable Development Goals  Climate Change regime

Does the Format Matter for Sustainable Development? The Future of the Law of Transboundary Aquifers Question to the distinguished Panel Can transboundary aquifer management deliver sustainable development with the Draft Articles on the Law of Transboundary Aquifers in their current format? TBA law is based on the Draft Articles, but it can be complemented by other international legal instruments Sustainable development is factored into the Draft Articles The format of the Draft Articles is not likely to change, and there seems to be a trend towards softer, more inclusive regimes