The Draft Articles on the Law of Transboundary Aquifers: The Process at the UN ILC

Stephan, Raya Marina

doi:10.1163/187197311x582287

Cited by 10 publications

(4 citation statements)

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“…Conservation of biodiversity often requires operating across country boundaries (Liu et al., 2020), an endeavour often complicated by bureaucracy and geopolitical instability (Allan et al., 2019; Sousa et al., 2022). Worldwide, 468 transboundary aquifers (namely aquifers crossing multiple states, Stephan, 2009) have been delineated (IGRAC, 2021), several of which are subject to mounting human pressure (Wada & Heinrich, 2013). However, there is currently no specific global convention or law for the management of transboundary aquifers.…”

Section: Setting the Ground(water) For A More Effective Protection Of...mentioning

confidence: 99%

Groundwater is a hidden global keystone ecosystem

Saccò,

Mammola,

Altermatt

et al. 2023

Global Change Biology

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Groundwater is a vital ecosystem of the global water cycle, hosting unique biodiversity and providing essential services to societies. Despite being the largest unfrozen freshwater resource, in a period of depletion by extraction and pollution, groundwater environments have been repeatedly overlooked in global biodiversity conservation agendas. Disregarding the importance of groundwater as an ecosystem ignores its critical role in preserving surface biomes. To foster timely global conservation of groundwater, we propose elevating the concept of keystone species into the realm of ecosystems, claiming groundwater as a keystone ecosystem that influences the integrity of many dependent ecosystems. Our global analysis shows that over half of land surface areas (52.6%) has a medium‐to‐high interaction with groundwater, reaching up to 74.9% when deserts and high mountains are excluded. We postulate that the intrinsic transboundary features of groundwater are critical for shifting perspectives towards more holistic approaches in aquatic ecology and beyond. Furthermore, we propose eight key themes to develop a science‐policy integrated groundwater conservation agenda. Given ecosystems above and below the ground intersect at many levels, considering groundwater as an essential component of planetary health is pivotal to reduce biodiversity loss and buffer against climate change.

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Section: Setting the Ground(water) For A More Effective Protection Of...mentioning

confidence: 99%

Groundwater is a hidden global keystone ecosystem

Saccò,

Mammola,

Altermatt

et al. 2023

Global Change Biology

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“…This has changed, as the UNECE Water Convention makes no mention of sovereignty and the UNWC recognizes only sovereign equality and territorial integrity of states, i.e., that downstream states have the right to receive the waters they have always received in the past. However, the Draft Articles explicitly recognize sovereignty over transboundary aquifers and aquifer systems, subject to the principles of cooperation, equitable and reasonable use, and not causing significant transboundary harm (Eckstein, 2007;Sindico, 2011;Stephan, 2011). There is thus concern that the draft rules signal a return to sovereignty (McCaffrey, 2011(McCaffrey, , 2013McIntyre, 2011;Stoa, 2014).…”

Section: Discursive Normative and Substantive Challengesmentioning

confidence: 99%

Global climate change and global groundwater law: their independent and pluralistic evolution and potential challenges

Gupta

Conti

2017

Water International

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Although the climate and groundwater systems have close links, the international climate change regime and global groundwater laws have developed independently, despite being negotiated within a few years of each other. Hence this article addresses the question: Do global legal instruments on climate change and groundwater consider the geophysical links between the two systems, and how can their legal frameworks be improved? It argues that there are six geophysical links between groundwater and climate change which are presently inadequately accounted for in the legal regimes and there are four key contradictions between the two legal systems. It makes four recommendations to enhance the linkages between the systems. ARTICLE HISTORY

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“…However, it was excluded from all scholarly codifications and laws on international waters since then, until the 2008 ILC Draft Articles (see Principles in italics are specifically applicable to water resources a Although the human right to water and sanitation is a composite right in the UN General Assembly's text on the subject, it is separated here because most texts assessed do so b Also included as principles here because they are strong starting points for water governance Fig. 1 Types of principles/rights in global governance texts Global governance principles for the sustainable… 859 ''State'' means a sovereign state or a regional economic integration organization, there is no further reference to sovereignty with respect to water transboundary aquifers (Eckstein 2007;Sindico 2011;Stephan 2011;Yamada 2011). Nevertheless, inclusion of the sovereignty principle could affect the achievement of sustainable development if used to avoid implementation of other groundwater governance principles.…”

Section: General Principles Applicable To Groundwatermentioning

confidence: 99%

Global governance principles for the sustainable development of groundwater resources

Conti

Gupta

2015

Int Environ Agreements

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A normative framework for the governance of groundwater is emerging at the global level. However, existing analyses have not comprehensively covered all the governance texts that have a bearing on transboundary groundwater resources or looked at them from the perspective of sustainable groundwater governance. Therefore, this paper responds to the questions: What are the global governance texts (including international laws) applicable to groundwater resources; to which forms of the resource do they apply; which principles have been included over time; and what are the implications for sustainable development of groundwater resources now and in the future? The analysis highlights key groundwater concepts, discusses twelve global groundwater governance texts and the thirty principles therein, classifies the principles into ideal-typical categories based on the sustainable development concept; and assesses the gaps and conflicts between the principles and texts. The paper has three key findings. First, groundwater governance is rapidly evolving and there are a number of principles available to promote sustainable development. Second, however, these collective principles do not adequately address (a) the link with all water resources; (b) the potential impact of climate change on water resources; and (c) the impact of trade on equitable sharing of groundwater and protection of groundwater-related ecosystems. Third, to the extent that this collection of principles can contribute to sustainable development, they are inconsistently included in the legally binding groundwater governance texts. Therefore, much progress is needed to ensure a global normative framework that can guide the sustainable governance of groundwater resources.

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The Draft Articles on the Law of Transboundary Aquifers: The Process at the UN ILC

Cited by 10 publications

References 0 publications

Groundwater is a hidden global keystone ecosystem

Groundwater is a hidden global keystone ecosystem

Global climate change and global groundwater law: their independent and pluralistic evolution and potential challenges

Global governance principles for the sustainable development of groundwater resources

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