1.2.1 Challenges in the Management and Protection of Transboundary Water Resources - Professor Laurence Boisson de Chazournes, Faculty of Law, University of Geneva

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International Water Law

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University of Geneva

International Water Law

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In recent decades, international law has undergone a series of major developments in order to accommodate the many new facets of freshwater management and protection. The adoption of universal, regional and basin instruments highlights how important it is to study the evolution of international water regulations and to be able to identify the main principles in this field. This course aims to provide the necessary background to understand and examine the regulation applicable to transboundary freshwaters especially to rivers, lakes and aquifers. It presents the principles and legal standards that govern the use, sharing, management and protection of these resources. The MOOC is made up of 5 modules. As each module addresses a different theme, they can be viewed in any order. However, the modules do follow a certain pedagogical logic and following in order will be especially helpful to those who are new to the subject. Each module is accompanied by an evaluation questionnaire or quiz. A certificate will be awarded to students who obtain an average of at least 80% in the quizzes. By the end of this course, you will be able to: 1) Describe the issues related to the regulation of transboundary freshwaters; 2) Explain how transboundary freshwater regulations have evolved; 3) Recall and interpret the key principles governing water resource regulation; 4) Understand the role of transboundary freshwater dispute settlement mechanisms in the development of international freshwater law (or to understand the role of international courts and tribunals in the resolution of conflicts) This MOOC was developed by the Platform for International Freshwater Law that is part of the Geneva Water Hub, assisted by the MOOC Team of the University of Geneva. Alongside the researchers and teachers of the Platform, several international experts have also participated. This MOOC is one of three courses supported by the Water Hub Geneva and the University of Geneva. The other MOOCS are "Water Management and Policy" (www.coursera.org/learn/gestioneau) and "Ecosystem Services: a method for sustainable development "(www.coursera.org/learn/ecosystem-services). The Global Water Program of the Swiss Agency for Development and Cooperation (SDC) has funded this course. This MOOC was originally created in French. It has English subtitles.

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Module 1: Introduction to international water law

With around two hundred and seventy-six (276) rivers and lakes and a large number of groundwater shared by two or more States, there is an increasing level of interest in the importance of international law in this area. This introductory module is designed to highlight how international regulation is fundamental to achieving a harmonious and peaceful management of these essential resources. It outlines the various issues and challenges related to the management and protection of water resources. Whilst emphasis is placed on the factors that can lead to conflict, the module will also show how water can be considered as an instrument of peace and cooperation among States. Within this context, the benefits of cooperation between States over transboundary freshwater are examined. We will also analyse the different uses linked to water resources and the relationships that exist between them. The module will be concluded by a quiz worth 15% of the final mark. You must have at least 80% of the answers correct to pass the module.

1.2.1 Challenges in the Management and Protection of Transboundary Water Resources - Professor Laurence Boisson de Chazournes, Faculty of Law, University of Geneva11:04

1.2.2. Transboundary Water Resources as a Possible Cause of Conflict - Dr Mara Tignino, Platform for International Water Law/Geneva Water Hub, University of Geneva9:53

1.2.3. The Benefits of Cooperation on Transboundary Water Resources - Dr Komlan Sangbana, Platform for International Water Law/Geneva Water Hub, University of Geneva9:46

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Laurence Boisson de Chazournes
Professor
Department of Public International Law and International Organization, Faculty of Law
Makane Moïse Mbengue
Professor
Faculty of Law and Institute of Environmental Sciences
Mara Tignino
Reader
Department of Public International Law and International Organization, Faculty of Law
Komlan Sangbana
Associate Researcher
Faculty of Law and Institute of Environmental Sciences

[MUSIC] [MUSIC]

Ladies and gentlemen. Hello.

I am going to talk about the particularities of

water as a resource and about the challenges this presents for international regulation.

So, water is a resource with specific qualities.

These specificities are numerous and they leave their mark

on the international regulations which govern how this resource is used.

Firstly, water is a finite resource.

What do I mean by a finite resource?

I mean that it is a resource that always exists in the same quantity.

You can not have more water,

(except if water is created, but this can only be done in a very limited way,

by the desalination of sea water.)

Let’s return to the main idea because I think that is what is most

important. Water is a finite resource, the quantity of which is always the same.

However, the stages of water, the forms of water, are able to evolve.

It can appear as ice, it can appear as rain,

it can infiltrate in the soil.

These different stages and

forms of water, are known as the water cycle or the hydrographic cycle.

This needs to be taken into account

because there is increasing pressure for more and more water.

However, we need to remember that the quantity itself can not evolve.

Another particularity of this resource

is that it is unevenly distributed throughout the planet.

It is unevenly distributed between the regions of the world,

between countries and even within countries.

This is due to climatic conditions,

to geophysical conditions.

And all of this must be taken into account because, as you know,

we all need access to water for different uses

and this can be a source of tension or conflict.

Another aspect is the overexploitation of water resources.

We will talk about this later

but there is a multiplication of water uses,

whether for irrigation, industrial means,

for energy production or other uses.

And there is a great appetite for water and its different uses.

So, it is overexploited and, at the same time, it is a

finite resource, of finite quantity, (it is not possible to create water)

and therefore the challenge is to exploit this resource in the best way possible.

I say that it is overexploited, but there is also another aspect that needs to be taken

into account. Very often, water is wasted.

This waste should also be kept in mind.

Often waste occurs because water facilities

are of poor quality or

there is a problem with the non-treatment of wastewater etc..

Well, international law needs to be concerned with how to best manage

this resource and minimise this waste.

I would also like to talk about another important aspect.

When we talk about water resources internationally,

we are very interested by international rivers, or what we

call international watercourses and international lakes.

And in this context, well, we soon realise just how many there are.

You may encounter different statistics

but very often you will hear that there are 280 international watercourses.

And these international watercourses, well, they need to be managed,

and it is essential that all the riparian countries

have access to the water.

They have to be managed because if you look at the studies,

we soon realise that a very large part of the world's population depends

on access to them.

Almost 40% of the world's population depend on access to these

transboundary water resources.

And here, too, international law

is concerned by these rivers, these international lakes.

I have not yet mentioned transboundary groundwaters,

but they also deserve to be mentioned as they need to be regulated at the international level.

And then, well, international law must take into account the

particularity of each international watercourse,

each international lake, or even each international underground body of water.

And that presents another challenge to international law.

So you see, these particularities

mean that international law requires very particular content.

I would also like to point out that international law, in order to take into account

these different aspects, has to exist at different levels.

The universal level - since rules are required for all States.

The regional level - since there may be regional distinctions

to be considered.

And the local level. When I talk about the local level, well,

this refers to all the agreements that relate to particular river basins.

So this first aspect refers the multi-levels,

the multi-levels of governance regulations.

When we talk about a river,

when we talk about groundwater

international water law must be applied but there

are also other bodies of norms which are very significant.

Here, I am thinking of international environmental law and

later, there is a section all about how international

environmental law contributes to the protection of transboundary waters.

I am also thinking about human rights.

You are going to see how the desire to protect

international watercourses for the benefit of mankind,

for all the human beings on the planet has increased in momentum.

And then there is international economic law, often

regarded as a poor relative

when it comes to international water law.

But international economic law also has a place. Think about

private and public investment. Not only for sanitation infrastructures but also

for the construction of canals or dams.

And then there is the whole issue of trade.

So this question may seem futuristic to you,

but increasingly, water transfers, from one

country to another or from one region to another are being considered.

So, you see, when I first introduced these different bodies of norms,

we recognised the need for a holistic approach.

By “holistic” I mean that it is important to appreciate that

international law needs to be taken into account in its entirety.

Likewise, we need to consider how international law can be created to ensure a good

level of protection for these resources, but also, we need to consider how to best apply the law.

And this presents another challenge for international law

in the field of water resources - how to implement this law to

ensure that every watercourse on the planet is adequately protected.

Then you realise (and here I will touch on the theory of

international law) that we are going to talk a lot about treaties.

But this is important. They are agreements between States, riparian States or

States of a region or member States of the international community.

But there are also watercourses which

don't benefit from a particular legal regime.

And in this context, in addition to the universal rule of treaties,

international custom plays a very important role.

And so we will talk about what is referred to

in international law, as the principles of international law

applicable to the management of international watercourses.

So, you see,

there are multiple issues and challenges for the rule of international law.

I would also like to highlight another challenge, a challenge that

has taken on increasing importance within the international community.

This challenge is the relationship between water and

peace, water and international security.

As you know, I've already mentioned - the finite amount,

a distribution that is not geographically equal because of

geophysical or climatic conditions, and then there is overexploitation and waste.

And against this background, well, there will be tensions,

rivalries between groups who would like to have access to

the same water resource, or tensions between States,

where a State does not have as much water as another

State that wants more water resources.

And in this context, well, these rivalries could create tensions,

may be a source of conflict or may contribute to, alongside other reasons,

to the rise of conflicts.

I emphasise this aspect because it is something that we will have to face

in the twenty-first century, particular due to climate challenges.

You all know that the greenhouse effect

is a fundamental issue for the international community.

The Paris Agreement will enter into force very soon,

but it will not solve every problem.

And in this context, well,

the United Nations are increasingly taking into account

water and its uses as potential sources of conflict.

And that is an aspect on which

we must reflect on especially in terms of prevention.

It is true that we can settle (or hope to be able to settle a conflict)

but the ability to prevent it in the first place is of utmost importance.

And in order to prevent conflict, especially when there are circumstances that are

related to the issue of water management and protection,

more attention needs to be given to how water is managed,

to efficient water management.

A whole series of considerations are outlined here

to give you an overview of what the challenges are

for both the management of, and the protection of, water.

As the various speakers will show you,

well, you will see that international law

attempts to address these challenges.

Thank you.

[MUSIC]

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