International Law- Facilitating Transboundary Water Cooperation By Patricia Wouters

August Facilitating transboundary cooperation still is a serious challenge In different regions transboundary waters are differently governed Africa: Many transboundary rivers governed by multilateral agreements Asia: International agreements but diverse interests South and Central America: Largely unregulated transboundary watercourses Europe: Region-wide legal instrument covering transboundary waters 1.Transboundary Water Resources : The Challenge

August International Law: “System of legal rules, norms and general principles, substantive and procedural rules- that govern inter- State relations in various areas of human activities such as international trade, maritime and outer space activities, environmental protection, as well as access to and use of transboundary natural resources.” International law provides an overarching framework for addressing water-related challenges and concerns that span across scales, sectors and disciplines. 2. International Water Law: Rules and Practice

August Idea of cooperation Wide range of binding and non-binding instruments Global instruments: 1997 UN International Watercourses Convention (UNWC) Right to Water and Sanitation Regional Level: UNECE Water Convention 2000 SADC Revised Protocol on Shared Watercourses 2.1 International Water Law in Practice

August More than 400 treaties apply to transboundary water resources Customary international law confer some general legal entitlements and impose obligations on watercourse States 2.2 Treaties and State Practice

August Core elements of transboundary watercourse regimes

August Transboundary Cooperation in Practice Macro Level Provides legal parameters for state action International law serves as a platform for integration Micro Level Provides a framework for implementing agreed rules Provides mechanisms for monitoring and ensuring national compliance

August Zambezi Watercourse The Niger River Basin The Mekong River Basin The Danube River Basin The Drin River Basin Case Studies

August Observations from a regional perspective: Africa has multilateral agreements combined with a growing support for the UNWC Across Europe and Central Asia the influence of the principal regional legal instruments is significant In Asia in case of the Mekong river it is shown that cooperation around an institutional mechanism can advance despite considerable diversity in the region 5. Lessons Learned

August Different international organizations highlight the importance of transboundary cooperation In the future more research is needed on how international law might facilitate transboundary water cooperation 6. Looking to the future

August Possible ways forward include: Targeted support for enhancing national capacity in transboundary water resources development and management, including water law as a part of the mix with a focus on achieving IWRM and water security Continued support for the UN´s transboundary water-related activities including its current work on water security aligned with the fundamental tenets of the UN and support for the entry into force of the UNWC as well as support for universal accession to the UNECE Water Convention Renewed global community focus on the duty to cooperate in developing and managing the world´s shared water resources. 6. Looking to the future

August Read this background paper of Global Water Partnership and share with those who need to know about it: