Transboundary rivers (1-2) 

Dr Inas Mohammed Ahmed

Transboundary rivers have shifted from a natural resource to a potentially dangerous geopolitical tool amid rising global water demand driven by rapid population growth, worsening environmental change, and poor resource management. The situation became more dangerous when water was used as a strategic weapon. Therefore, the international community defines a transboundary river as one whose tributaries or branches fall within the territory of two or more states, such as the Nile or the Euphrates and Tigris rivers, or one that forms borders between two or more states, such as the Senegal River. These rivers and others have been used peacefully, without conflict or complaint from any of the countries through which they pass, until disputes over fresh water emerged and demand increased, sometimes leading to greater greed. Thus, the Paris Peace Treaty was signed on May 30, 1814, to find mutually agreeable solutions to address any tensions over river waters and prevent any war caused by them. This treaty established the concept of an international river and was the first to organise the treatment of bordering countries along rivers, laying down the principle of freedom of river navigation, especially for European rivers such as the Rhine, to facilitate trade. However, the Paris Treaty of 1814 did not provide detailed operational provisions; it set principles and referred to the Vienna Conference of 1815 to formulate practical regulations, which organised navigation in international rivers and the transport of goods. However, it did not address vital issues such as irrigation, energy generation, or the distribution of fresh water shares. The Vienna Conference of 1815 established general, enforceable rules applicable to all international rivers, and the same principles were reiterated in the Treaty of Versailles of 1919 and the Geneva Agreement of 1921. Notably, the Geneva Agreement recognised river navigation and established a system for it, but because none of the signatory countries (except the Netherlands) were river countries, international legal scholars criticised the agreement as mere theoretical principles far from practical practice. After World War II, reconstruction and rebuilding gained momentum, which was reflected in the search for freshwater sources to implement development plans and in the international community’s growing interest in economic and geographical criteria for international rivers, in addition to political and geographical criteria. This was evidenced by the Stockholm Declaration of 1961 and the Salzburg Recommendations of 1966, and the Helsinki Rules of 1966, which set out non-binding guidelines for countries. Subsequently, the Rio de Janeiro Declaration of 1992 and the Report of the International Law Commission of 1994 were adopted, leading to the United Nations Convention on the Use of International Watercourses in 1997, which completed the required ratifications to enter into force on May 19, 2014, after Vietnam’s accession, making it State No. 35 to join the Convention. Vietnam became the required number of ratifications for the Convention to enter into force, considering it a framework agreement containing general rules that can be supplemented. A stream of international legal scholars argues that this Convention may be a distinctive mark, but it is binding only on the countries that have ratified it. At the same time, non-ratifying countries are not exempt from the obligations outlined in the Convention, as it represents stable and clear customary legal principles. The Convention codifies widely used and internationally accepted customary law. On December 23, 2003, the United Nations General Assembly adopted resolution 58/217 titled “The International Water Convention, Water for Life,” which decided to increase focus on water-related issues at all levels and implement programs, projects, and human settlements related to it. In this context, civil society organisations, including the World Water Council, have held several global forums, such as the Istanbul Fifth Forum and the Marseille Sixth Forum, which have led to numerous decisions and recommendations that have helped the United Nations speed up the adoption of new international decisions. In addition, the United Nations has held several conferences to move water issues away from potential conflict arenas, such as the Mar del Plata Conference in Argentina on March 25, 1977, the Dublin Conference of 1992, and the Berlin Rules of 2004. These rules, issued by these conferences, have formed a collection of customary legal principles that have become stable and clear for all. These conventions have benefited over 30 countries entirely within transboundary water basins. The need for an international agreement to regulate relations among them, in addition to bilateral agreements between these countries, such as the Norway-Soviet Border Water Agreement to preserve and prevent pollution of border waters, the Italy-Switzerland Agreement of September 1955 on Lake Lugano to preserve the right of the two states not to build, change, or obstruct the lake, and the Indus Water Treaty of 1960 between India and Pakistan, and the Indus River Basin Agreement of 1961 between Canada and the United States of America regarding the Columbia River, which originates from Lake Columbia and passes through two Canadian provinces and seven U.S. states, and is one of the strongest sources of hydroelectric power in the world, leading to the creation of a balanced system of water use through a quota system. The 1995 Meconch River Basin Agreement between Thailand, Cambodia, Vietnam, and Laos aimed at ensuring equitable water use and management remains relevant to applying international law in water disputes, transforming them from disputes and differences into joint cooperation based on internationally acceptable principles and a global legal framework governing the use of shared river waters among more than one country.

To be continued…

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