Global water law provisions, sustainable
development and the SDGs
Marie-Laure Vercambre, Green Cross International
on behalf of the UNWC Global Initiative
STATUS OF GOVERNANCE OF
TRANSBOUNDARY BASINS
- > 60% of transboundary basins do not have
agreements
-80%
of existing agreements are bilateral/don’t
necessarily involve all basin states
-Many
agreements do not:
Provide
for regular data-sharing/ notification
Establish
water allocation & benefit-sharing
criteria/processes
Contain
Apply
dispute prevention/settlement rules
to entire river basin / aquifer system, etc.
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WHY PROMOTE THE WATER CONVENTIONS?
Water sometimes the “missing link”
 Complement other treaties/
conventions
 Horizontal coordination,
harmonization, inclusive approach
 Can support climate change
adaptation
 Knowledge and information
exchange
 Accountability & transparency:
clear responsibilities and rights and
incorporate other stakeholders

UNECE and WWF August,3
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WHY
Water is “ Local” – yes – but guidance and common
frameworks needed
Foster a common language and shared
understanding >> cooperation
Facilitate negotiations (agenda & procedures
available)
Need to harmonize between and in countries
No good (technical) work can be done sustainably
on environment and eco systems without good
water management and enabling legal frameworks
Contribute to and guidance for SDGs especially
goal 6 implementation
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The SDG targets
 6.5 By 2030, implement integrated water resources
management at all levels, including through
transboundary cooperation as appropriate
 6.6 By 2020, protect and restore water-related
ecosystems, including mountains, forests, wetlands,
rivers, aquifers and lakes
 11.5 By 2030, significantly reduce the number of deaths
and the number of people affected and substantially
decrease the direct economic losses relative to global
gross domestic product caused by disasters, including
water-related disasters, with a focus on protecting the
poor and people in vulnerable situations
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Indicators and implementation
 % of existing and new agreements on transboundary
water management and river basin agreements are
strong indicators of formalized cooperation
 Existing and future mechanisms for cooperation
connected to the conventions can facilitate
implementation (and no need for new mechanisms)
(ECE WC, working groups, RAMSAR, CBD etc)
 Capacity Development on international water law and
treaties will enhance the chance of joint
implementation
 Treaties and their mechanisms can assist in making the
connection between global, national and cross
boundaries monitoring and implementation
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Improving the governance of transboundary
water resources, at all levels
Global
Regional
Basin
Sub-basin
Community,
individual
UN Watercourses convention, convention on
biodiversity, RamSAR convention,
UN Convention on desertification
SADC Protocol, EU WFD & directives, UNECE
Water Convention (initially), Espoo & Aarhus
Agreements on Rhine, Danube, Dniester,
Senegal, Niger, Nile, Mekong, etc.
Congo, Sava
Right to water & sanitation
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Conventions (water-related)
 1997 UN Convention on the Law of the Non-Navigational Uses
of International Watercourses (UN Watercourses Convention/
UNWC/ New York convention) – in force 17 August 2014
 1992 Convention on the Protection and Use of Transboundary
Watercourses and International Lakes (UNECE Water
Convention/ ECEWC/ Helsinki Convention) – in force 1996;
amendment in force 2013 but waiting for 3 countries)
 1999 Protocol Water and Health – in force 2005
 ILC Draft Articles on the law of Transboundary Aquifers – no
treaty “ status”
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Why did countries accede?
 Water safety high priority
 You cannot do it alone – cooperation needed
 Principles of international law/ cooperation
 Makes for a complete set of laws at various levels on
protection and enhancement of water quality, water
quantity and the infrastructure for international
watercourses
 general obligation to protect and maintain the
ecosystems of international watercourses also in other
treaties.
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Do we need more global “legislation”?
 Rivers and lakes do not respect political boundaries –
indeed, they are often the basis of them.
 What mechanisms exist to prevent water from being
held, diverted, or polluted by one country to the
disadvantage of others?
 Which are the procedures or frameworks for
considering claims or resolving disputes over
transboundary water resources?
 Three quarters of the world’s countries face potential
disputes with neighbours over shared rivers, lakes,
wetlands or aquifers
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WHY promote the conventions? Why do we
need global “legislation”?
National laws do not provide for “across the river”
Harmonization even within countries / between
basins with same riperians; States struggle to
implement multiple agreements in a coordinated
fashion
National laws e.g. non-existent, outdated
Stimulate cooperation among countries and
involvement of stakeholders at large
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WHY promote the conventions? Why do we
need global “legislation”? (2)
Complement other treaties/ conventions
Instrument for climate change adaptation talks and
Transboundary Aquifers draft convention
 knowledge and information exchange
Accountability & transparency: clear responsibilities
and rights and incorporate other stakeholders
Facilitate negotiations (agenda & procedure
available)
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Prevent Potential conflict
 Development related Disputes (state and non-state
actors): where water resources or water systems are a
major source of contention and dispute in the context
of economic and social development
 Control of Water Resources (state and non-state
actors): where water supplies, hydropower or access
to water is at the root of tensions
 Political Tool (state and non-state actors): where
water resources, or water systems themselves, are
used by a nation, state, or non-state actor for a
political goal
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Actions:
 All countries become contracting states to one or
both conventions;
 Current contracting states to call on their
neighbours and partner countries to join the
conventions as well; (diplomatic efforts/” adoption
plans”; development cooperation)
 All states to employ their best efforts to promote both
conventions’ broad(er) accession and effective
implementation, including:
– Involving joint river basin organizations in the
process and seeking guidance from their experts;
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Actions:
 Authorizing the regional economic integration
organizations of which they may be part to accede to
the conventions and engage in their implementation;
 Asking UN General Assembly to give a mandate to an
appropriate UN agency or program to lead efforts to
raise
awareness,
promote
accession
and
implementat° of the conventions within UN system;
 Requesting the High Level Political Forum on
sustainable development to incorporate the
implementation of the conventions into their
monitoring framework;
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Actions
 UN Water, the relevant UN agencies, programs, IUCN,
the World Bank, and other dev’t institutions to provide
financial and technical assistance to countries
through the ratificat° and implementat° processes;
 Int’l water community at large, incl. non-state actors
in the fields of water, conservation, climate change,
human rights, gender, to raise awareness of the value
and importance of the conventions; especially among
ministers and parliamentarians, for getting additional
accessions necessary for the Conventions to have a real
global coverage and impact.
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Resources:
 http://www.panda.org/unwc
 http://www.unece.org/fileadmin/DAM/env/water/pu
blications/WAT_Guide_to_implementing_the_WC/E
CE_MP.WAT_39_Guide_to_implementing_water_con
vention_small_size_ENG.pdf
 http://www.unwatercoursesconvention.org/
 http://www.transboundarywaters.orst.edu/database/
 http://www.un.org/waterforlifedecade/water_coopera
tion.shtml

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Resources
 http://www.un.org/waterforlifedecade/transboundary
_waters.shtml
 http://www.internationalwaterlaw.org/blog/category/
un-watercourses-convention/
 http://www.siwi.org/knowledgeservices/transboundary-water-management/
 http://www.thehagueinstituteforglobaljustice.org
 http://www.unitar.org/event/introduction-waterdiplomacy
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Resources
 http://www2.worldwater.org/conflict.html
 http://www.ramsar.org/cda/en/ramsar-
home/main/ramsar/1_4000_0 (RAMSAR)
 http://www.transboundarywaters.orst.edu/database/
 http://www.unece.org/env/eia/eia.html (ESPOO)
“The UN Water Courses Convention in force”, Earth
scan ISBN 978-1-84971-446-4 (2013)
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