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CHAPTER 3

             An Ounce of Prevention: International Water Law and

             Transboundary Water Cooperation



             While the preceding chapter dealt with the issue of water in   It reflects the practices of States, and aims at facilitating
             war, this chapter and subsequent ones are concerned with   discussion and cooperation among States. The following
             water cooperation as an important feature of peace and of the   principles of the 1997 UN Watercourses Convention illustrate the
             prevention of armed conflicts. Existing transboundary water   specific nature of International Water Law:
             cooperation systems are broadly  recognized  as  essential in
             this context and are recommended to all States sharing water     ▪ The two basic principles, expressing the notion of water
             resources.                                           sharing are the principle of equitable and reasonable
                                                                  utilization of the watercourse and the obligation not to cause
             Transboundary water cooperation mechanisms may not always   significant harm (Articles 5 and 7). These two principles are
             be able to prevent political tensions and armed conflicts, but they   mutually supportive and should serve as the guide to decision
             always provide a viable vehicle towards peace. One example is   making in any watercourse state: taking into account the
             the Mekong Committee, which continued its activities during the   effects in other watercourse States is a necessary ingredient
             armed conflict in Vietnam, revealing the way to peaceful post-  of that decision making.
             conflict cooperation in Southeast Asia. The Indus Water Treaty     ▪ The second pillar is a general obligation of riparian States to
             of 1960 remained in force and the Permanent Indus Commission   cooperate, taking into account geographic, hydrographic,
             established by that treaty continued to serve as the channel   hydrological, climatic, and environmental factors. This
             of  communication  between  India  and  Pakistan during armed   can be achieved by such means as joint mechanisms and
             hostilities between the two parties in the 1960s and 1970s. In   commissions where the riparian States are represented, by
             the Senegal River Basin, when relations between Senegal and   regular  exchange of information  and by notification of  the
             Mauritania were strained due to boundary delimitation issues in   planned measures (Articles 8, 9 and 11-19).
             the late 1980s and early 1990s, the common management of the     ▪ Particular attention needs to be paid to the strengthening and
             river basin, in effect since the 1970s, prevailed. When relations   promotion of mechanisms for the exchange of information
             among riparian States are heated or even characterized by   (Article 9).
             violence, joint river mechanisms and commissions established
             by water agreements may serve as an avenue for communication     ▪ A broad set of norms applicable to the protection,
             and dialogue. In these situations, water cooperation serves the   preservation and management of ecosystems is provided in
             broader cause of peace.                              part IV of the Convention (Articles 20-26).
                                                                   ▪ Disputes need to be avoided or settled peacefully by the usual
             Cooperation on the world’s transboundary rivers and lakes has a   means of settlement of international disputes or by a fact-
             long history, and has resulted in a body of norms communicated   finding commission that can be established at the request of
             in treaties and customs applied to internationally shared rivers,   one of the parties (Article 33).
             lakes, and groundwater resources. Over time a number of
             treaties have been established at the basin level; these usually   The same principles are embedded in the 1992 UNECE Water
             reflect the characteristics of individual river basins and aquifers.   Convention. The two Conventions reflect the state of general,
             It should be noted, however, that in several cases, these treaties   customary international law today. They offer any of the two
             are neither sufficiently comprehensive in their coverage nor   riparian States (or any number of riparian States) the basic
             inclusive of all riparian countries. Some transboundary water   norms of fair and equitable sharing of the watercourse, and, at
             treaties also do not meet the test of effective implementation.   the same time, underline their duty to do no significant harm, as
                                                                well as the duty to cooperate, including through the exchange
             Two global conventions, the 1997 UN Watercourses Convention   of information, protection of ecosystems, and through peaceful
             and the 1992 UNECE Water Convention, consolidated the   settlement of disputes. This provides a sound basis for broader
             principles underpinning contemporary International Water Law.   cooperation among the riparian States and for their joint
             These global instruments complement existing basin specific   management of water resources.
             treaties and aim at  encouraging  the  necessary  regulatory
             changes in the regimes of those treaties, as well as fill the gaps   The UNECE Water Convention includes several additional
             where no specific treaties exist.                  elements that are potentially of global importance. The
                                                                Convention covers both surface and groundwater (both
             Basic Principles and Norms                         connected to surface waters and unconnected), contains
                                                                more detailed provisions on the protection of the environment
             International Water Law constitutes a set of principles and   (especially as it relates to pollution problems) and provisions
             norms of International Law which provide practical tools for the   related to public information.
             riparian States in identifying solutions that will benefit everyone.





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