It is the propaganda of Sindhi’s that there is international law for river water or lower
riparian. In fact, there is no international law for river water or lower riparian.
Water law is still regulated mainly by individual countries. There are
international sets of proposed rules such as the Helsinki Rules on the Uses of
the Waters of International Rivers and the Hague Declaration on Water Security
in the 21st Century.
The
Convention on the Law of Non-Navigational Uses of International Watercourses is
a document adopted by the United Nations on May 21, 1997, pertaining to the
uses and conservation of all waters that cross international boundaries,
including both surface and groundwater. "Mindful of increasing demands for
water and the impact of human behavior", the UN drafted the document to
help conserve and manage water resources for present and future generations.
To enter
into force, the document requires ratification by 35 countries, but as of 2013
has received only 30 ratifications. Though not in force, the document is
regarded as an important step towards arriving at international law governing
water.
Though
there are globally 263 trans-boundary river basins, many of them lack an agreement
among the riparian states about how to share or to jointly manage the water
resources. On a global level, there is no binding international agreement on
trans-boundary water in force.
Nevertheless,
over the last century, a strong customary law has evolved. In 1911, the
Institute of International Law published the Madrid Declaration on the
International Regulation regarding the Use of International Watercourses for
Purposes other than Navigation. It recommended to abstain from unilateral
alterations of river flow and to create joint water commissions.
In 1966,
the International Law Association developed the Helsinki Rules on the Uses of
the Waters of International Rivers. Their core principles are related to the
«equitable utilization» of shared watercourses and the commitment not to cause
«substantial injury» to co-riparian states. These principles are also the core
of the UN Convention on the Law of the Non-Navigational Uses of International
Watercourses, which was adopted by the General Assembly in 1997, after more
than 25 years of preparation. Besides the confirmation of the principles of
«equitable and reasonable utilization» and the «obligation not to cause
significant harm», the convention contains regulations for the exchange of data
and information, the protection, and preservation of shared water bodies, the
creation of joint management mechanisms and the settlement of disputes.
However, it is still not in force as the necessary quorum of 35 countries'
ratification has not yet been reached.
One reason the reluctance of states to sign the convention is a certain vagueness of
the core principles, which can lead to contradictions. An upstream country
might claim its right to a previously unused «equitable share» of the water
resources, which could cause economic harm to a downstream country that has
used these resources for a long time. Whose rights and which principle have
priority? And what exactly is an equitable share? Where is the borderline
between harm that has to be accepted and significant harm? These questions
are not answered in detail by the conventions, which only provide for the
general principles and criteria. And this is very wise because many of these
questions can only be answered specifically for each basin, rather than
applying to all. In this respect, the conventions provide a framework of joint
principles on which regional agreements can be negotiated, not a blueprint for
all river basins.
But there
is a binding regional convention for the European and Central Asian region that
made these two principles obligatory for its parties and provided a framework
and guidelines for their application in specific river basins: the UNECE 1992
Convention on the Protection and Use of Trans-boundary Watercourses and
International Lakes (the so-called Helsinki Convention). The Convention obliges
parties to prevent, control and reduce transboundary impact, use
trans-boundary waters in a reasonable and equitable way and ensure their sustainable
management. Parties bordering the same transboundary waters shall cooperate by
entering into specific agreements and establishing joint bodies. The Convention
includes provisions on monitoring, research, and development, consultations,
warning and alarm systems, mutual assistance and exchange of information, as
well as public access to information.
In Central
Asia, Kazakhstan, and Uzbekistan have signed it and the other states, though not
formal members, are participating in some of its activities. Though the
convention is now only applicable to countries of the UNECE region, thus not
Afghanistan, Iran, or China, an amendment intends to open it to others. As soon
as this amendment is in force, the Helsinki Convention could also be a basis
for water cooperation between Central Asia and its neighboring states.
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