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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,
treaties also do not meet the test of effective implementation. at the same time, underline their duty to do no significant
harm, as well as the duty to cooperate, including through the
Two global conventions, the 1997 UN Watercourses Convention exchange of information, protection of ecosystems, and through
and the 1992 UNECE Water Convention, consolidated the peaceful settlement of disputes. This provides a sound basis for
principles underpinning contemporary International Water Law. broader 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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