World Water Week Developments in International Law Applicable to Transboundary Aquifers: A Sustainable Development Goal Perspective Wednesday 26/09/2015,

World Water WeekDevelopments 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 SchoolDirector, 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?


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/63/124

2013 – A/RES/68/470

1992/ 1996 – UNECE Water Convention

1997 - UNWC

2012 – UNECE Model Provisions

2014 – UNWC Entry into force



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



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


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

Social Economic

Other (Environmental?)

Art. 10 EcosystemsArt. 11 Discharge

and recharge zonesArt. 12 Pollution


What is the current format of the Draft Articles?

2008 – Annexed to a UNGA Resolution (A/RES/63/124)



2016 - ?

The outcome of the United Nations International Law Commission can be found in a United Nations General Assembly Resolution.



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)



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

LawProgressive

development of International Law

Examples of International Law moving towards softer regimes: Sustainable

Development Goals Climate Change regime


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

Documents

World Water Week Developments in International Law Applicable to Transboundary Aquifers: A Sustainable Development Goal Perspective Wednesday 26/09/2015,