Transboundary Aquifers, Management, Conflict, and International Law

?? Country borders were historically often defined by geological formations or #surfacewater such as large rivers. Groundwater however is invisible and aquifers don't stop at an arbitrary man-made line on the map.

?? Transboundary aquifers refer to #groundwater reservoirs that cross international boundaries and are shared by neighbouring nations. Considering the importance of groundwater as the major #freshwater resource for the world population, managing these transboundary aquifers correctly is crucial as they can be affected by the activities in multiple countries.

?? According to a 2021 publication of IGRAC, World Meteorological Organization, Government of the Netherlands, and UNESCO (https://www.un-igrac.org/sites/default/files/resources/files/TBAMAP-2021__2023-update.pdf), there are 468 transboundary aquifers, and they are present under almost every nation.

?? An interactive map can be found here: https://ggis.un-igrac.org/view/tba/

?? Mapping of transboundary aquifers is an important step towards transboundary governance. Effective management is required to ensure sustainable use of water resources, preventing over-exploitation and pollution, and addressing potential conflicts.

?? The UNESCO International Hydrological Programme and IAH - International Association of Hydrogeologists launched the ISARM (Internationally Shared Aquifer Resources Management) initiative (https://www.un-igrac.org/special-project/isarm) and published the Draft articles on the Law of Transboundary Aquifers to provide a legal framework for Transboundary Aquifer management (https://legal.un.org/ilc/texts/instruments/english/draft_articles/8_5_2008.pdf).

?? Additional legal resources:

?? International Association for Water Law (AIDA) (AIDA): https://www.aida-waterlaw.org/

?? https://www.internationalwaterlaw.org/blog/category/transboundary-aqufers/

?? Gabriel Eckstein: International law and transboundary aquifers?(2017), https://scholarship.law.tamu.edu/facscholar/882/?utm_source=scholarship.law.tamu.edu%2Ffacscholar%2F882&utm_medium=PDF&utm_campaign=PDFCoverPages

?? Francesco Sindico: International Law and Transboundary Aquifers (2020), https://www.e-elgar.com/shop/gbp/international-law-and-transboundary-aquifers-9781788117623.html

?? Nevertheless, management of transboundary aquifers can be challenging:

?? Competing water uses: Different countries can have different priorities for water use, such as agriculture, industry, and domestic consumption.

?? Over-extraction: If one country excessively extracts water from a shared aquifer, it can negatively impact neighboring nations.

?? Environmental impact: Activities like industrial pollution or inadequate waste disposal can contaminate transboundary aquifers.

?? Legal/political challenges: Lack of a clear legal framework and political tensions can limit effective collaboration.

?? These challenges are particularly present in conflict areas with transboundary aquifers, such as:

?? Tigris-Euphrates River Basin: Turkey, Syria, and Iraq, with conflict over dam constructions, water allocations, and the impact on downstream water availability.

?? Indus River Basin: India and Pakistan with conflict over water distribution, dams construction and diversions.

?? Nile River Basin: Ethiopia, Sudan, and Egypt with conflict over the construction of the Grand Ethiopian Renaissance Dam (GERD), water rights and downstream impacts.

?? Jordan River Basin: Israel, Jordan, Palestine, and Syria with competing claims for water resources exacerbating regional tensions. (Washington Post article by Daniel Wolfe ?? https://www.washingtonpost.com/world/interactive/2023/gaza-israel-water-crisis/)

?? Amu Darya and Syr Darya River Basins: Tajikistan, Uzbekistan, Turkmenistan, and Kyrgyzstan with conflicts over water usage and dam constructions.

?? Mekong River Basin: the Mekong River Basin is a transboundary area where increasing demand for water resources and the construction of dams have raised concerns about future disputes.

?? La Plata Basin: Argentina, Brazil, Paraguay, and Uruguay with historical disputes over dam constructions and water use.

?? The Mexico-US transboundary aquifers: Transboundary area where overexploitation and pollution have raised concerns about future disputes. (OpEd by Gabriel Eckstein : https://mexicotoday.com/2023/11/06/opinion-out-of-sight-out-of-mind-out-of-water/)

?? Resolving transboundary water disputes requires a collaborative approach and effective management strategies to ensure equitable and sustainable use of shared water resources. This can be achieved by an effective legal framework, and scientific knowledge on the hydrogeological, socio-economic, and environmental issues.

?? Unfortunately, some countries experience armed conflict and any form of collaboration is deemed impossible. Even in these situations, the protection of water resources should be maintained as stipulated by the International Humanitarian Law.

?? International humanitarian law (IHL) or the law of armed conflict focuses on regulating the conduct of armed conflicts and protecting civilians and healthcare workers. IHL doesn't specifically address groundwater in detail, but some principles are relevant to the protection of groundwater during armed conflicts.

?? Prohibition of Attacks on Objects Indispensable to the Survival of the Civilian Population: Groundwater sources, such as wells and aquifers, can be considered indispensable to the survival of the civilian population. Attacking or damaging these resources may violate international humanitarian law.

?? Precautionary Measures: Parties to a conflict are required to take all feasible precautions to avoid, and in any event, minimize harm to the civilian population and civilian objects. This includes taking measures to avoid contaminating or depleting groundwater sources.

?? Protection of the Natural Environment: IHL includes provisions that aim to protect the natural environment during armed conflicts. Contamination or destruction of groundwater sources that could have severe consequences for the environment and the civilian population may be subject to legal scrutiny.

?? Responsibility to Provide Essential Needs: Parties to a conflict have a responsibility to ensure that essential needs of the civilian population, including access to water, are met. Deliberate actions that deprive civilians of access to clean water, including groundwater, may be in violation of IHL.

?? Although groundwater is usually not a main topic of concern during an armed conflict, restricted access or pollution of this important resource can have a major impact on the population that depends on this freshwater source for their survival. Even in areas without conflict every precaution should be taken to safeguard the integrity of this resource through strong international legal strategies.