International Law International Law

(1)

Transboundary Aquifers in Transboundary Aquifers in

I t ti l L I t ti l L

International Law International Law

The process at the UN ILC

(2)

UN International Law Commission UN International Law Commission

z Established by the General Assembly in 1947

1947

z Promotes the progressive development of international law and its codification

international law and its codification

C d f 34 b l d b h

z Composed of 34 members elected by the

(3)

UN Watercourse Convention UN Watercourse Convention UN Watercourse Convention UN Watercourse Convention 1997

1997 1997 1997

z In 1971 the ILC started the study of the

l th i ti l f

law on the non-navigational uses of international watercourses

z In 1994 the final version of the draft

z In 1994 the final version of the draft articles was presented at the General Assembly

Assembly

(4)

Discussion on Groundwater Discussion on Groundwater

z 1991 introduction of the subject by S. Mc

C ff Th ILC t i l d i th

Caffrey. The ILC agrees to include in the Convention groundwater related to surface water.

z 1992 R. Rosenstock suggests to include all gg groundwaters in the scope of the

Convention. The proposal was not p p accepted.

(5)

Definition of a Watercourse Definition of a Watercourse

A system of surface waters and

d t tit ti b i t f

groundwaters constituting by virtue of their physical relationship a unitary whole

d ll fl i i

and normally flowing into a common terminus (article 2 a)

(6)

Resolution on «

Resolution on « confined confined »»

Resolution on «

Resolution on « confined confined » »

transboundary groundwater 1994 transboundary groundwater 1994 y g y g

Recommends to States the application of the Recommends to States the application of the

principles contained in the draft articles to regulate transboundary groundwater

regulate transboundary groundwater

(7)

First report on outline 2003 First report on outline 2003

z Scope of the study :

d t th t h d b

groundwaters « that are shared by more than two States but are not covered by article 2(a) of the Convention »

article 2(a) of the Convention… »

z The Special Rapporteur intends to conduct studies on :

studies on :

• the practice of States

• case of conflicts

• Domestic and international rules

(8)

Debates at the ILC and the 6th Debates at the ILC and the 6th Debates at the ILC and the 6th Debates at the ILC and the 6th Committee of the GA

Committee of the GA Committee of the GA Committee of the GA

I f h i i l f i

z Importance of the principle of sovereignty

z Doubts on the applicability of 1997 pp y Convention to the topic

z Importance of regional developments

(9)

Second report : transboundary Second report : transboundary Second report : transboundary Second report : transboundary groundwaters 2004

groundwaters 2004 groundwaters 2004 groundwaters 2004

z Adopts the term transboundary, and the term aquifer

aquifer

z Decides to cover all groundwater

z Draft articles on :

• The scope

• The obligation not to cause harmThe obligation not to cause harm

• General obligation to cooperate

• Regular exchange of data and informationRegular exchange of data and information

• Relationship between different kind of uses

(10)

Debate at the ILC May 2004 Debate at the ILC May 2004

z Importance of regional developments

z Clarification of the definition of an aquifer, in particular the concept of exploitablep p p

z Need to include principles on

environmental protection and sustainable environmental protection and sustainable use

z Clarification of the obligation not to cause

(11)

Third report 2005 Third report 2005

z Formulate several key principles

z Provide an international framework on the prevention of harm

p

z The Special Rapporteur needs more information on :

information on :

• State practice

E i i i

• Existing treaties

• Domestic legislationg

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UN ECE Water Convention UN ECE Water Convention UN ECE Water Convention UN ECE Water Convention 1992

1992 1992 1992

z Transboundary waters : « any surface or ground waters which mark cross or are ground waters which mark, cross or are located on boundaries between two or more States »

more States… »

z Principles :

• Reasonable and equitable utilisation

• Precautionary principle

• Polluter-pays p y

• Sustainable development

(13)

International Law Association International Law Association

z 1966 Helsinki Rules : concept of drainage b i

basin

z 1986 Seoul Rules on groundwater : g

application of the Helsinki Rules to all groundwaters, connected or not

g ,

z Revision (Berlin 2004) : application to domestic and transboundary waters

domestic and transboundary waters.

Introduction of environmental law.

(14)

Bellagio Draft Treaty 1989 Bellagio Draft Treaty 1989

Model treaty drafted by a group of

ltidi i li t

multidisciplinary experts.