Transboundary Waters

Water does not follow state borders. Where one state ends, rivers and streams continue. And underneath our feet, the groundwater flows regardless of national boundaries. River and lake basins that are shared by more than one country cover almost half the world’s surface and are inhabited by 40 percent of the world’s population(UN-Water, 2009). A total of 145 States have international basins within their territory, and 30 countries lie entirely within them. In addition, there are approximately 300 major transboundary aquifer systems worldwide (ibid).

Most transboundary river basins are shared between just two countries, but there are many river basins where this number is much higher. 13 basins worldwide are shared between 5 to 8 countries. Five river basins: The Congo, Niger, Nile, Rhine and Zambezi, are shared between 9 to 11 countries. The river that flows through the most countries is the Danube, which passes through the territory of 18 countries (ibid).

History of agreements

In 2500 BC, the two Sumerian city-states of Lagash and Umma created an agreement in order to end a water dispute along the Tigris River. This agreement is the first in a long line of international water treaties. The Food and Agriculture Organization of the United Nations has identified more than 3,600 treaties relating to international water resources dating from AD 805 to 1984. The majority of these treaties are concerned with some aspect of navigation. During the last century, up to 300 treaties on international waters have been signed.

At the moment, there is no international convention in force that regulates international waters. The UN Convention on the Law of the Non-navigational Uses of International Watercourses was adopted May 21, 1997 after 27 years of development. This Global Convention sets out the basis rights and obligations between States relating to the management of international watercourses. While the ten-year anniversary of the Watercourses Convention passed in May 2007, only 17 nations have ratified the Convention. For the Convention to enter into force, 35 are needed.

The primary substantive rules of international law is that States must utilize their international watercourses in an equitable and reasonable way and without causing significant harm to their neighbors. (UN-Water, 2009)

Why states cooperate

With more and more states experiencing rising water stress as a consequence of increasing populations, climate change, pollution and poor water management, the competition for water resources might become fiercer ahead. This has led to a debate around whether international waters could be a source of conflicts in the future. However, history has shown that transboundary waters spark cooperation much more often than they trigger conflicts. The fundamental necessity to access water can incite cooperation even in countries which lack political dialogue. When cooperation is established, however, it is often on unequal terms dictated by the most powerful riparian.

Countries cooperate in the management of transboundary waters when the net benefits of cooperation are perceived to be greater than the net benefits of non-cooperation, and the distribution of these net benefits is perceived to be fair. Areas where states can create increased mutual benefits include the development of hydropower and power trading; optimised “blue” and “green” water  management through improved agriculture, and cooperation to improve water allocation to enhance urban and industrial development and secure ecosystem services.

Transboundary waters on the agenda

2009 World Water Week puts an extra focus on Transboundary Waters. 25 events during the week will deal with issues connected to international water cooperation, offering insights into lessons learned in basins all over the world. The focus is in line with this year’s UN World Water Day, which took place on March 22nd. The theme for 2009 was “Sharing Waters, Sharing Opportunities”, with focus on transboundary waters.