Cookies Policy
X
Cookie Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

International Water R esources Law and the International Law Commission Draft Articles on Transboundary Aquifers: A Missed Opportunity for Cross-Fertilisation?

MyBook is a cheap paperback edition of the original book and will be sold at uniform, low price.

Buy this article

Price:
$30.00+ Tax (if applicable)
Add to Favorites

image of International Community Law Review

While the Draft Articles on the Law of Transboundary Aquifers adopted in 2008 by the International Law Commission (ILC)1 follow the same format as the 1997 UN Watercourses Convention2 and might reasonably have been expected to adopt a similar normative approach wherever possible, the Preamble to the Draft Articles fails to make any reference to this or to other seminal instruments or codifications in the area of international water resources law and the document takes, in some respects, a radically different and less progressive stance. The principal difference in the Draft Articles, and one which can be linked to most of the other deviations, is the inclusion of an express reference to the sovereignty of aquifer States in a manner implying that this is the key guiding principle of the instrument. This emphasis on State sovereignty over shared, and often migratory, water resources appears to represent something of a retreat from the distributive equity inherent in the firmly established principle of equitable and reasonable utilization and from the intense procedural and institutional cooperation required to achieve the community of interests approach necessary to give meaning to this principle. Reliance on sovereignty implies instead a drift towards a position based more on the narrow and immediate self-interest of States. In order to avoid such an interpretation, it would have been better if the Draft Articles had sought to establish two separate but parallel regimes, one based on sovereignty and covering the static geological formation of the aquifer, and one covering the shared water resources contained in, and transiting through, the formation and based on equitable and reasonable utilization.

Affiliations: 1: University College Cork Cork, Co. Cork Ireland

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Create email alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Name:*
    Email:*
    Your details
    Name:*
    Email:*
    Department:*
    Why are you recommending this title?
    Select reason:
     
     
     
     
    Other:
     
    International Community Law Review — Recommend this title to your library

    Thank you

    Your recommendation has been sent to your librarian.

  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation