The designations employed and the presentation of material throughout the publication do not imply the expression of any opinion what- soever on the part of UNESCO and or UNILC, in particular concerning the legal status of any country, territory or city or of its authorities, or concerning the delimitation of its frontier or boundaries. Ms Raya Marina Stephan, Expert in international water law, consultant at UNESCO-IHP, Coordinator of the UNESCO ISARM legal component. This brochure has been prepared for the International Hydrological Program IHP. The editor wishes to thank the UNESCO-IHP Secretariat for its support and in particular Mr. Farès Kessasra and Ms Rosalind Wright. Published in 2009 By the United Nations Educational, Scientific and Cultural Organization 7, place Fontenoy, 75352 Paris 07 SP Composed by Eric Loddé, 93200 Saint-Denis, France. Printed by UNESCO SC-2008/WS/35 REV ©UNESCO 2009 Printed in France #*#-*0(3"1): Appelgren B. Managing Shared Aquifer Resour- Internationally Shared (Transboundary) Aquifer ces in Africa, IHP-VI, UNESCO, Series on Resources Management, Their Significance and Groundwater No. 8, Paris, France, 2004, Sustainable Management. A framework Docu- <http://unesdoc.unesco.org/images/ ment, IHP-VI, Paris, France, November 0013/001385/138581m.pdf>. 2001. <http://unesdoc.unesco.org/ Da Franca N., Miletto M., Donoso M.C et images/0012/001243/124386e.pdf>. al., Sistemas Acuiferos transfronterizos en las Stephan R., Amani A., Otchet A. ‘A Blue Américas: Evaluacion preliminar, Programa Goldmine in Need of Protection’ in UNESCO/OEA ISARM Americas World of Science, Vol. 5, No. 3, July-Sep- No. 1, Montevideo, Washington D.C tember 2007. <http://www.unesco. 2007, <http://www.oas.org/dsd/Wa- org/science/Aquifers_July_2007.pdf>. ter/Documentos/Sistemas%20Acu%C UNECE. Our Waters: Joining Hands across 3%ADferos%20Transfronterizos%20e Borders, First Assessment of Transboundary n%20las%20Am%C3%A9ricas.pdf>. Rivers, Lakes and Groundwaters, New York Da Franca N., Stephan R.M., Donoso and Geneva, 2007. <http://unece.org/ M.C. et al., Marco legal e institucional en la env/water/publications/pub76.htm>. gestión de los sistemas acuíferos transfronterizos Vrba J. Groundwater Early Warning Moni- en las Américas, Programa UNESCO/ toring Strategy: A Methodological Guide, OEA ISARM Americas No 2, Monte- UNESCO-IHP 2008. video, Washington D.C 2008. <http:// Zaisheng H. Transboundary Aquifers in Asia unesdoc.unesco.org/images/0015/ with Special Emphasis to China, UNESCO- 001589/158963s.pdf>. IHP October 2006. Lopez-Geta J-A., Fornes Azcoiti J-M., WHYMAP Groundwater Resources of the World Ramos Gonzalez G., Villaroya Gil F., 1/25 000 000, August 2008. Groundwater: A Natural Underground Re- WHYMAP Groundwater Resource of the World source, Instituto Geológico y Minero de Transboundary Aquifer Systems 1/50 000 000, España and IHP. UNESCO, 2006. March 2006. <http://typo38.unesco. Puri S., Appelgren B., Arnold G., Aureli A., org/en/about-ihp/associated-pro- Burchi S., Burke J., Margat J., Pallas P. grammes/whymap.html>. ............. 5NITED.ATIONS )NTERNATIONAL %DUCATIONAL 3CIENTIlCAND (YDROLOGICAL0ROGRAMME #ULTURAL/RGANIZATION OF5.%3#/ TRANSBOUNDARY AQUIFERS Managing a vital resource The UNILC Draft Articles on the Law of Transboundary Aquifers Edited by Raya Marina Stephan TRANSBOUNDARY AQUIFER MANAGEMENT PREFACE he UNESCO International response to this, the IHP Intergovernmental Hydrological Programme (IHP) Council launched the International Shared is the only intergovernmental Aquifer Resources Management (ISARM) proj- programme of the UN system ect in 2000 to compile a world inventory of trans- T devoted entirely to water research, boundary aquifers and to develop wise practices water resources management, education and and guidance tools concerning shared ground- capacity building. Originally purely scientific, water resources management. the programme has since become management and policy-orientated, taking into account social, From a scientific perspective, it is hoped this bro- economic, institutional and cultural dimensions. chure will contribute to a better understanding The programme, tailored to the needs of Mem- of transboundary aquifers and the importance of ber States, is implemented in six-year phases their role in water governance and thus the draft- and 2008 saw IHP’s entrance into its 7th Phase ing of the Convention on Transboundary Aquifers. (2008-2013). IHP-VII is set to be action-orien- The recognition of the contribution of the UNILC tated and policy-relevant to the benefit of gov- draft articles towards the better management of ernments and civil society as well as the scientific aquifer systems is undeniable and we hope they community. receive the due attention of both the scientific and policy making communities. The IHP Programme has been dealing with the many issues related to groundwater resources Finally we are highly appreciative of the oppor- since 1996. Theme 2 of IHP-VII deals in partic- tunity given by the UNILC to enable UNESCO- ular with one of those issues - water governance. IHP to participate in the preparation of these The water crisis is primarily one of governance: draft articles. It has allowed for us to call upon our institutions lack the capacity to overcome conflict- international network of hydrogeologists, brought ing approaches in the use and allocation of water together to render their scientific expertise suitable from within one basin or aquifer system – both for the compilation of this instrumental tool. We at national and transboundary level. This lack of would especially like to thank Ambassador Chu- integration, sectoral approaches and institutional sei Yamada, whose inspiration and enthusiasm resistance all contribute to the fragmented man- for this project has never waned and on whom we agement of freshwater sources. Yet water-related have always been able to rely to facilitate our own systems are interdependent and have to be man- understanding of the process involved. aged in an integrated manner. Many solutions to water problems lie in better governance, with Alice Aureli sharing water as one of the key challenges. In UNESCO-IHP 3 Codification of the law of transboundary aquifers by the UN International Law Commission he UN International Law Com- management of their transboundary aquifers, mission (ILC) embarked on the taking into account the provisions of these draft codification of the law of trans- articles and also decided to examine the ques-- boundary aquifers in 2002 in tion of the final form of these draft articles in T order to provide legal regime for its 66th session in 2011. The texts of the draft the proper management of aquifers in view of articles and the UN resolution are reproduced in the critically important freshwater resources. this brochure. UNESCO-IHP played a central role in providing the valuable assistances and support to the ILC As the problem of aquifers is indeed an urgent by mobilizing hydrogeologists, aquifer adminis- global matter, it would be most desirable if the trators and water lawyers. UN General Assembly would decide to transform the draft articles into a legally binding frame-- In a rather short period of 6 years, the ILC was work convention. It is my firm belief that such a able to adopt a set of 19 draft articles at its ses- decision will contribute to promote cooperative sion in 2008. It sent the draft articles together relations among the States in solving world water with the commentaries thereto to the 63rd ses- crisis and it is my sincere hope that the readers of sion (2008) of the UN General Assembly. this brochure would render their valuable sup-- port to this important cause. The UN General Assembly adopted the resolu- tion entitled “The law of transboundary aqui- Ambassador Chusei YAMADA fers” which took note of the draft articles, encour- Former Special Rapporteur on the topic aged the States concerned to make appropriate of Shared Natural Resources of the UN bilateral or regional arrangements for the proper International Law Commission TRANSBOUNDARY AQUIFER MANAGEMENT BACKGROUND Importance of groundwater resources and transboundary aquifers ater is humanity’s most fers that are hydraulically connected. A trans- important natural resource. boundary aquifer or transboundary aquifer The availability of, and access system is an aquifer or aquifer system, parts of to, fresh water is high on the which are situated in different States (Fig 2). Wagenda of planers, politicians An aquifer State is a State in whose territory and executives. any part of a transboundary aquifer or aqui- fer system is situated. As geological forma- Most of all freshwater is found in aquifers, tions and aquifers know no political borders, many of them transboundary. In recent decades international boundaries are often crossed by groundwater has become a source of wealth groundwater flow. and well-being for a society that shows an increasing need for water. Because of this any Currently, rising demands from population effort made to protect and wisely use aquifers growth and food production call for larger will contribute greatly towards the improve- and more reliable quantities of water on the ment of human life and the preservation of one hand. While on the other hand declining groundwater dependent ecosystems. To define resources due to pollution, over-pumping and the characteristics of the world’s groundwa- climate changes are reducing useable water ter resources, the world map (WHYMAP) was resources per capita. prepared (Fig.1) within the framework of the sixth phase of the UNESCO International Groundwater is often the primary source for Programme (IHP) 2002-2007. water supplies. It supports agriculture by pro- viding large quantities of water for irrigation Characteristics of the aquifers are different purposes, especially in regions where the cli- from those of surface water bodies. An aquifer mate is dry and crop production without irri- can be defined as a permeable water-bearing gation is simply not feasible. The development geological formation underlain by a less per- of groundwater has provided great socio-eco- meable layer and the water contained in the nomic benefits.