Transboundary Water Policies: Assessment, Comparison and Enhancement

Transboundary water treaties are evaluated and compared using Multiple Criteria Decision Analysis (MCDA) in order to identify the most desirable treaty and suggest how existing treaties can be improved. More specifically, a flexible MCDA technique, called the Elimination Method, is employed for analyzing and comparing three multilateral treaties and one bilateral transboundary treaty according to three main criteria, which focus on each treaty’s capacity in dispute avoidance and resolution. The three multilateral agreements and one bilateral treaty which are studied consist of the 1998 Rhine Convention, 1995 Mekong River Basin Agreement, 1992 United Nations Economic Commission for Europe Convention, and the 1909 Boundary Waters Treaty between Canada and the United States, respectively. The analytical results reveal limitations of these international water policies with respect to conflict resolution, and provide directions for the possible improvement in cooperation over international water resources.     

Sharing Rivers for Peace,Development, and Security

Abstract

Water is a finite resource, and with the considerable upsurge in population, urbanization, and industrialization, it is also becoming an increasingly scarce resource. Many countries in the world rely on river waters, and many of those rivers are shared by two or more countries. Dams on those rivers have been a major source of tensions, disputes, and, in some cases, even conflict between riparian countries because dams could result in massive diversion of river flows. Those developments have, inter alia, highlighted the relevance and importance of the principles of international water law, as reflected in the United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses. The World Commission on Dams has also underscored the importance of, and elaborated on, those principles with regard to dams on shared rivers. This article discusses and analyzes the recommendations of the Commission in this area, and compares them with the principles of international water law as enunciated in the United Nations Convention     

Entry into force of the UN Watercourses Convention: why should it matter?

The United Nations Watercourses Convention entered into force on 17 August 2014, following a long and complex journey that dates back to 1970 when the UN referred the matter to its legal arm, the International Law Commission. This article follows the Convention through that long and turbulent road, examines its main provisions and analyses the reasons for the delay of its entry into force. It concludes by answering the question of why entry into force of the Convention should indeed matter.     

The evolving framework for transboundary cooperation in the Nubian Sandstone Aquifer System

ABSTRACT

The focus of this paper is the Nubian Sandstone Aquifer System, shared by Egypt, Chad, Sudan and Libya, and the agreements and other instruments of cooperation in place among the four countries. These combined instruments bear witness to an evolutionary pattern of cooperation, centred on procedural norms and on a joint institution. In the author’s opinion, the four countries should strive to attain a more mature level of cooperation covering substantive norms and the settlement of disputes. The author recommends the UN Draft Articles on the Law of Transboundary Aquifers (2008) as a basis for such an agreement.     

Modelling Equitable and Reasonable Water Sharing in Transboundary Rivers: the Case of Sirwan-Diyala River

There are over 260 transboundary river and lake basins in the world that many of them are facing great challenges of water sharing between riparian countries concerned. The 1997 UN Watercourses Convention, entered into force in 2014, includes articles and factors on water sharing which have not been completely used for modelling of the basins yet. In this paper, legal aspects (i.e. Articles 5, 6, 7 and 10 of the Convention) are integrated with a technical approach for water allocation in transboundary rivers. For this purpose, a new conceptual model is developed for quantification of the Convention provisions concerning equitable and reasonable water sharing. The method is applied to the Sirwan-Diyala transboundary river shared by Iran and Iraq. Some indicators are developed and quantified for determination of water shares of the riparian countries and different scenarios considering extreme and equal weights of the factors are defined. The basin is simulated by WEAP model to evaluate effects of the scenarios on up- and downstream of the basin. Five demand management alternatives comprising increasing of irrigation efficiency and eliminating second cultivation are proposed as appropriate measures for elimination or mitigation of possible significant harm. The proposed technical-legal approach paves the way for enhancing bargaining potentials of the riparian countries and increasing their cooperation to achieve a win-win solution in using waters of transboundary rivers.     

Future Function of the Danube River in United Europe

Abstract

The Danube River is the major navigational river in the central and south-eastern parts of Europe. A vision on the future role of the Danube River in the United Europe must aim to satisfy the evolving human needs in the region. A new, special type of unification of the majority of European countries has already begun and will likely lead to more rational, effective, widespread, and beneficial impacts on regional populations through such functions as comprehensive water resources development. An enoromous water resources development will occur in the Danube River Basin in the next two centuries, provided that Europeans succeed in uniting and remaining united.     

Implementing Equitable Water Allocation in Transboundary Catchments: The Case of River Nestos/Mesta

Border areas comprise inevitably problematic fields especially when the countries are bound to share common water resources. The conflict potential is rather high and quite often countries are directed to the negotiation table in order to form tranboundary agreements. These agreements aim to the settlement of tensions and conflicts originating from the management of shared water resources. Often a starting point of the conflict resolution is the water allocation scheme between the interested parts. The definition of entitlements over shared water resources in not an easy task and it requires the use of specific decision tools in order to reach the maximum level of objectivity. According to the Water Framework Directive (WFD) 2000/60, management of transboundary catchments shall be based on existing structures set by international agreements, such as the UN Convention on the Protection and Use of Transboundary Watercourses and International Lakes. The main aim of this paper is the implementation of a water allocation tool based on representative indicators characterizing the involved parties while placing emphasis on environmental protection. The variables used are proposed by the UN Convention on the Law of the Non-navigational Uses of International Watercourses incorporating both natural and socio-economic aspects. These factors are quantified for each country and a weight factor is assigned to each one depending on its importance and suitability for describing the environmental and socio-economic situation in each country. As an illustration example the transboundary river Nestos/Mesta case is presented.     

The EU Water Initiative at 15: origins,processes and assessment

This article examines the activities and achievements of the European Union Water Initiative, a transnational, multi-actor partnership established in 2002 by the European Commission to support water governance reforms around the world. Two regional components of the initiative – (a) Africa and (b) Eastern Europe, Caucasus and Central Asia – are studied with a focus on their organizational structures, activities, policies and achievements. The analysis provides evidence for improved regional dialogue and cooperation in the water sector, but also points to persistent weaknesses, in particular a lack of resources, ownership and mutual understanding as to the overall aims of the Initiative.     

Water as a Human Right: The Understanding of Water Rights in Palestine

The international community has affirmed the human right to water in a number of international treaties, declarations and other documents. Most notably, in November 2002 the UN Committee on Economic, Social and Cultural Rights adopted General Comment No. 15 on the right to water, setting out general standards and obligations related to the right to water. This paper analyses if and to what extent the UN concept is acknowledged in Palestine while focusing (a) on water rights allocation between Palestine and its neighbour Israel, taking the commonly shared Mountain Aquifer as an example; and (b) the governmental obligations with regard to the human right to water which broadly are to be categorized in obligations to respect, protect and fulfil this right. The paper analyses whether the institutional setting within the Palestinian water sector is appropriate to meet the challenge of the UN concept. The main obstacles and challenges facing strategic and coordinated governmental action towards the UN concept are discussed. While outlining the most important characteristics of the Palestinian water sector, the criteria of the UN concepts are evaluated. Finally, the paper discusses the precondition for the implementation of the human right to water in Palestine.     

The Helsinki Rules,the UN Watercourses Convention and the Berlin Rules: Perspectives on International Water Law

Shared water resources remain the most important area without a universal treaty regulating the uses and protection of such resources. This is notwithstanding the extensive work of two scholarly non-governmental organizations, the Institute of International Law and the International Law Association, as well as the work of the International Law Commission of the United Nations. The work of those institutions resulted in some basic international water law rules, such as the Helsinki and Berlin Rules, and the United Nations Watercourses Convention. The paper analyzes those instruments, discusses the basic areas of similarities and differences among them, and examines the basic challenges facing international water law.     

The Participatory Regime of Water Governance in the Iberian Peninsula

Abstract

Transparency and public participation are important ingredients to achieve effective water governance. Since the Rio Conference, diverse international instruments advocate access to information and public participation in river basin management. At the European Union level, the Water Framework Directive (WFD) establishes specific obligations for member states to include the public in the planning and management of river basins processes. In addition, the WFD Guideline on Public Participation includes three forms of public participation: active involvement, consultation, and provision of information. At the present moment, Spain has a legal and institutional framework that allows a very limited participatory process: only water users holding an economic stake can participate in the management of Spanish river basins. Concerning transparency, the law establishes the right to accede to information but this right has two different levels: for the general public and for water users. In the Iberian shared river basins regulated by the 1998 Luso-Spanish Convention, mechanisms allowing public participation in the terms of the WFD are not in place yet. It is necessary to reform the legal and institutional framework to facilitate real participation and to achieve effective water governance.     

Effective Multi-Jurisdictional River Basin Management

Abstract

Hydrologic data collection is an important aspect of multi-jurisdictional river basin management. The Murray-Darling Basin Commission in Australia, and the Mekong River Commission in southeast Asia, are structured similarly and have established similarly structured monitoring networks. The efficiency and effectiveness of these two networks differ however. The reasons for the differences are examined, and it is concluded that contrasting socio-economic development provides only part of the explanation. The technical capacity of each organisations member states, the extent each organisation depends on its own databases and the developmental stage of each organisation itself are also critically important.     

Interstate negotiation mechanisms for cooperation in the Mekong river basin

Abstract

China, an upstream state and a regional hegemon in the Mekong River Basin, is commonly viewed as unilaterally exploiting water resources, irrespective of downstream states (Myanmar, Thailand, Laos, Vietnam, and Cambodia). This view is derived mainly from China's unilateral exploitation of the upper watershed for hydroelectricity and navigation, raising concerns about negative socio‐ecological impacts on the downstream states. However, recent empirical evidence shows that China is gradually getting involved in negotiations and processes with the downstream states, compromising with them little by little. Indications of this policy shift include: (a) its signing agreements for hydrological data exchange, (b) confidence‐building with co‐riparians in the Dialogue Meeting of the Mekong River Commission, and (c) multinational negotiation with co‐riparians in framework of regional institutions. In light of this shift, this article argues that China is not fully enjoying its superior resources or its superior riparian position, contrary to the common view. The aim of this paper is to (1) explain and provide updated information on these negotiation mechanisms, which are attempting to resolve the upstream‐downstream dispute in the Mekong River Basin, and (2) produce counterevidence against the Theory of Hegemonic Cooperation.     

An Integrated Decision Support Framework for Incorporating Fairness and Stability Concerns into River Water Allocation

Self-enforceable and sustainable management strategies for transboundary rivers necessitate synchronously considering fairness and stability, which involves synthesizing the multidimensional nature of hydrology, environment, and socio-economy. Based on the equitable and reasonable principles of international resource distributions defined by the UN Watercourses Convention, this study proposed an integrated decision support framework by combining the multi-criteria decision making, the bankruptcy theory, and the power index with the aim of managing transboundary rivers fairly and sustainably. Subsequently, an optimization model based on this new framework was established by introducing the linear interval function to formulate the utility objective for all agents. Finally, using the Dongjiang River Basin in China to illustrate the availability of the proposed framework and optimization model. The results showed that the proposed methods could provide insights for transboundary river management through simultaneous consideration of the fairness and stability criteria.

     

Water Quantity and Quality in the Zerafshan River Basin: Only an Upstream Riparian Problem?

In discussing the 1997 UN Watercourses Convention, McCaffrey (1998) gave a theoretical example of the late-developer problem. This paper complements that theoretical example with a real case study of the Zerafshan basin in Central Asia. While McCaffrey addressed the water quantity issue in his example, the focus here also includes water pollution. The aim of the paper is to analyze some of the provisions of the mechanisms in the field of international water law—the Helsinki Rules and the UN Watercourses Convention—for water quantity and quality aspects, as well as to provide an insight into the basin regarding these two aspects.     

Scientific and Engineering Issues in Design and Forecasting for Floods

ABSTRACT

The article assesses problem areas identified in publications dealing with the 1993 flood on the Mississippi and Missouri river basins. This event, because of its long duration, gave federal and state agencies an unequaled opportunity to marshal1 data-gathering teams who collected data as the event progressed. Recent development of new instruments and strategies for measuring streamflows and bathymetry quickly and accurately enhanced this opportunity Major areas deserving future emphasis are identified as development of highly trained teams for gathering, transmitting, and assembling field data during large flood events, and refinement of methods of real-time forecasting.     

The Great Lakes Region and Bulk Water Exports

Abstract

The article provides an overview of the latest developments in the debate concerning the bulk water export of Great Lakes water. It examines the policy and legal dimensions of this new debate. The policy dimension focuses on the public attention and concern, in Canada, regarding bulk water removals from the Great Lakes basin. This concern has triggered the new Canadian federal legislation banning water exports from the region (Bill C-15). Is this a sign that the Canadian government now embraces a water conservation ethic? Is its position in line with the recent recommendations on the issue of the International Joint Commission (IJC), the joint body created by the United States and Canada to manage its shared waters? The attempt by investors to export water from the Great Lakes basin raises issues regarding Canada's obligations under international and regional trade agreements, most notably the General Agreement on Tariffs and Trade (GATT) and the North American Free Trade Agreement (NAFTA). The article examines the provisions of those two trade agreements in the context of the water export debate in Canada and concludes that increased clarity on Canada/US transboundary water issues is required.     

The Perception of Water Quality Among Rural Communities in South-Western Nigeria: Lesson for Planners

ABSTRACT

“Clean water for all” is one of the goals of the UN International Drinking Supply and Sanitation Decade 1981–90. This goal to be accomplished, requires a level of governmental investment which is difficult to reach in many developing countries. This is particularly so of Nigeria where a vast majority of rural people is yet to benefit from improved water supply and where the level of priority accorded domestic water supply is dismally low, with some states devoting just about 1% of their total capital expenditure to water supply provision.

At the same time, there is evidence that the rural people in many places, aware of the advantages of good water sources and the disadvantages of bad ones, show preferences for and undertake development programmes connected with good quality water supply: this is here exemplified by three rural communities in southwestern Nigeria. Not only are these people knowledgeable about water quality and its relationship with health, they are also eager to seize any feasible opportunities to improve their water supply situation.

It is argued that rather than rely on gigantic time-consuming, capital intensive and difficult to maintain schemes, as we have presently with government projects, more modest ones within the competence of the rural communities should be encouraged.     

Collective Capacity: Regional Information Sharing in Support of Floodplain Management

Abstract

An approach for assessing regional receptivity to flood risk reduction is presented, taking into account institutional, cultural, and technical capacities. Since floodplain boundaries often cross multiple jurisdictions it is important to view the management of flood hazards within a regional context. In order to be effective, mitigation strategies should include some measure of the social system itself. This is necessary to ensure that the proper measures are being applied to the proper community. Attempts to evaluate regional receptivity based on resident floodplain management practices are therefore provided, with emphasis placed on non-structural approaches to hazards mitigation. The Red River of the North, which straddles the US/Canadian border, was chosen as the study area of choice owed largely to its repeated history of extreme flood events in combination with a relatively advanced means of coping with them. In order to construct the risk reduction evaluation templates presented, cross-border communications patterns were assessed, expressed user needs for region-wide information sharing were consolidated, and potentially transferable functional areas were isolated. The results suggest a risk-sharing framework that is suited for performing inter-basin comparisons.