Proposed Convention Proposed Convention on Transboundary y
Groundwater
Fadia Daibes, Ph.D.
International Water Law Research Institute
Dundee University
P t ti t th UNESCO E t C lt ti M ti Presentation to the UNESCO Expert Consultation Meeting
P i t f D t
Points of Departure
| The 1997 UN Watercourses Convention covers connected groundwater within its scope.
| States have accepted that fact which was a major achievement in the field of regulating international watercourses
| The substantive rules and principles that govern the utilization development and protection of surface water equally apply to connected transboundary
equally apply to connected transboundary
groundwater. Equitable and reasonable utilization principle which includes the factor of degree of harm govern in the case of transboundary groundwater
govern in the case of transboundary groundwater
Continue...Points of Departure
| The Procedural rules in the UN Convention are not adequate to respond to the specific q p p needs of transboundary groundwater and have to be elaborated
| Non renewable (confined is only one type)
| Non-renewable (confined is only one type) transboundary groundwater were left
unregulated and that what needs to be t k f d thi i iti ti
taken care of under this initiative.
| Clear reference to the 1997 UN
Watercourses Convention in the preamble Watercourses Convention in the preamble
Continue…Points of Departure
|
A combination of the 1997 UN WC
C ti ( b t ti l ) d
Convention (substantive rules) and the Bellagio Draft Treaty (procedural
l ) ith difi ti i ht
rules) with some modification might provide the ideal framework
agreement.
Wh t t t t A id What to try to Avoid
|
Introducing transboundary
groundwater law as a new subject which will only confuse States
|
Ignoring the Draft Resolution on
|
Ignoring the Draft Resolution on Confined Transboundary
Groundwater
Groundwater
Definitions and Use of Terms
| I agree that the use of the term “confined” is confusing since the legal experts mean something while in
h d l it thi l
hydrology it means something else.
| Nonrenewable transboundary groundwater System is more appropriatepp p
z the non-renewable groundwater is of two types
• ”fossil waters” which describe an aquifer (whether confined or unconfined) containing water that was confined or unconfined) containing water that was buried at the same time as the geologic formation in which it is trapped.
• “Connate Waters” a confined aquifer in which the trapped water is of a different age than that of the encompassing geologic formation.
S b t ti R l
Substantive Rules
|
Equitable and Reasonable Utilization hi h i l d th f t f d f which includes the factor of degree of harm
|
The operationalization of this principle in the case of groundwater might g g
require special modification as to what was provided by the 1997 UN WC
was provided by the 1997 UN WC
P d l R l
Procedural Rules
| Borrow the major procedural rules as in the 1997 UN WC Convention: Cooperation
1997 UN WC Convention: Cooperation, exchange of information, consultation and negotiation and prior notification with
negotiation and prior notification with modifications in the details
| Borrow procedural rules from the Bellagio
| Borrow procedural rules from the Bellagio Draft Treaty with modifications and special emphasis on planned depletion and p p p
emergency and crises management
