THIRD FINALDRAFT:

WELL OF LIFE: A DISCUSSION ON THE INTERNATIONAL ASSESSMENTS OF

TRANSBOUNDARY AQUIFERS
Fyrsed Alsad A. Alfad III*

I) INTRODUCTION…………………………………………………...............................2
II) THE ESSENCE OF GROUNDWATER……………………………………………….4
III) UNDERSTANDING GROUNDWATER ISSUES ………………………………… . .5
IV) POTENTIAL FOR GLOBAL CONFLICT……………………………………………...7
A.) The Ceylanpinar Aquifer …………………………………………………………...9
B.) The Genevese Aquifer ……………………………………………………… . . .10
C.) The Arabian Peninsula Aquifer ……………………………………………… . . 10
D.) The US-Mexico Aquifer ………………………………………………………… .11
V) PERTINENT INTERNATIONAL LEGAL INSTRUMENTS……………………… . 12
VI) MANAGEMENT INITIATIVES………………………………………………………. 17
VII) CONCLUSION ……………………………………………………………………….18

*Second year, J.D., University of the East College of Law. The author received his degree in BS
Development Communications in 2005 from the University of the Philippines
1
 I. INTRODUCTION

Today’s generation is fortunate to bear witness to the development and refinement

of International Public Law. Several studies have contributed new findings that serve to
the benefit of the law of international water resources. These developments have
caught the eye of many organizations worldwide, including the International Law
Commission of the United Nations. In the past, there was a big lack of legal inquiry on
the case of international groundwater resources. The majority of international research
used to be focused mainly on surface water resources, notwithstanding the wide
acceptance of the drainage basin concept. 1 International law formerly subscribed to
limited concepts such as international river, river system, or river basin. However,
despite of the existence of the concept of the drainage basin, the concepts that formerly
influenced international law did not include groundwater resources. 2

As taught in basic political law, surface waters are not limited by any political
boundaries. The non-confinement of surface waters to any notion of political borders
also seems to apply to groundwater. The process of groundwater deposit is hydrologic
in nature.3 Simply put, water moves downward from surface water to groundwater. All
groundwater is collected and held in underground enclosures called aquifers, which is a
layer of water-bearing permeable rock, rock fractures, or unconsolidated materials (i.e.
gravel, sand, or silt).4 Groundwater enters an aquifer as precipitation seeps through the
soil. It can move through the aquifer and resurface through springs and wells. 5 The
illustration below is a typical depiction of an aquifer formation:

1
Pidwirny, M. (2006). "The Drainage Basin Concept". Fundamentals of Physical Geography, 2nd Edition.
2
International Waters: Review of Legal and Institutional Frameworks. United Nations Development Programme
(UNDP), Global Environment Facility (GEF), UBC. April 2012
3
Groundwater. Freeze, R.A. and Cherry, J.A. 1979 Prentice-Hall, Englewood Cliffs, New Jersey, 604 pp.
4
https://en.wikipedia.org/wiki/Aquifer
5
https://www.nationalgeographic.org/encyclopedia/aquifers/

2
 Illustration 1: An aquifer cross section6

The documented aquifers that are geophysically large encompasses the borders of
several countries. There are instances that these countries are those that need water
the most. There is the North Eastern African aquifer which extends under Libya, Egypt,
Chad, and Sudan; or the Arabian Peninsula aquifer shared by Saudi Arabia, Bahrain,
and perhaps Qatar and the United Arab Emirates. In these areas, the development of
industry and food production are best benefited by the constant and controlled
development of groundwater.7 There are also international aquifers that are known for
their grand economic stature, specifically, the Northern Sahara basin which is shared by
Algeria, Tunisia, and Libya; the Chad aquifer which is shared by Chad, Niger, Sudan,
the Central African Empire, Nigeria, and Cameroon; the Taoudeni basin in Chad, Egypt,
Libya and Sudan; and the Maestrichian basin which is shared by Senegal, Gambia,
Guinea Bissau, and Mauritania.8 North America, Asia, and Europe also have important
aquifers and these facts certainly suggest that all countries share a groundwater system
with one or more other countries.9
6
https://commons.wikimedia.org/wiki/File:Aquifer_en.svg by Hans Hillewaert
7
Ground Water in Africa, E 71, II Annexes (Agenda Item 16) (1971).
8
Ibid.
9
Atlas of Transboundary Aquifers. Global maps, regional cooperation and local inventories. United Nations
Educational, Scientific and Cultural Organization (UNESCO). 2009

3
 This Article will discuss the importance of groundwater in the international scale. The
Article will show how groundwater confined in aquifers can potentially lead to conflict
when they encompass the borders of the countries which share them. The Article willIt
also aims to illustrate how the passage of related international laws provides a deterrent
to a looming conflict between states and nations sharing aquifers. Finally, the principle
of conflict prevention between nations, vis-a-vis the potential issues which may arise,
will be addressed by showcasing means and methods of management of the major
aquifers in the world, in furtherance of the laws that provide for their mandate.

II. THE ESSENCE OF GROUNDWATER

From the onset of recorded history, groundwater has been largely used for domestic
purposes, livestock, and irrigation. From the moment man discovered that water spurted
from the ground, methods and devices to deliver the water up to the surface have been
conceived and groundwater usage has, ever since, been staple. According to the World
Health Organization, groundwater is, by far, the most important natural component.
Studies show that groundwater constitutes about two-thirds of the freshwater resources
of the world and, if the polar ice caps and glaciers are not considered, groundwater
accounts for nearly all usable freshwater. 10 In comparison, surface waters such as
rivers, swamps, lakes, and reservoirs account for 3.5 percent, and soil moisture
accounts for only 1.5 percent, which highlights the important role of groundwater
resources.11 Thus, the preservation of groundwater is of utmost importance.

In the Philippines, people tend to think that groundwater is more important in barren
areas, and given the countries natural tropical climate, surface water is considered to be
more essential. Filipinos underestimate the importance of groundwater in water
supplies. This customary thinking is apparently exhibited worldwide in such a way that

10
Chapter 9: Groundwater. Water Quality Assessments - A Guide to Use of Biota, Sediments and Water in
Environmental Monitoring - Second Edition, J. Chilton and edited by Deborah Chapman, 1996
11
Idem. See reference no.3

4
the quality of groundwater is not taken too seriously. 12 The worldwide importance of
groundwater is proven by inventories of groundwater and surface water use. 13

Historical records have shown groundwater to be a major water source essential for
the proliferation of human life. With the creation of efficient pumps and electrification in
rural locales, global groundwater extraction surged in the last four (4) decades and
approximately 70% of this extraction is used for agriculture. 14 About half of domestic
human water consumption in urban areas is from groundwater. 15 Logic follows that with
increased water usage, there comes a possibility of issues and conflicts over
groundwater resources.

III. UNDERSTANDING GROUNDWATER ISSUES

Having established the valuable nature of groundwater contained in aquifers, it is

easy to foresee that its unbridled extraction can lead to adverse consequences.
Extraction is generally defined as the extraction of groundwater, pumped from
underground aquifers, as a source of freshwater. 16 Specifically, it is the process, either
deliberate or inadvertent, of extracting ground water from a source at a rate so in
excess of the replenishment that the ground water level declines persistently,
threatening exhaustion of the supply or at least a decline of pumping levels to
uneconomic depths.17 The natural process of replenishment of groundwater in aquifers
without any human intervention is referred to as Natural Recharge. 18 Natural
groundwater recharge occurs as precipitation falls on the land surface, infiltrates into
soils, and moves through pore spaces down to the water table. Natural recharge also

12
Natural Groundwater Quality: an underestimated and yet dangerous hazard. Luigi Lombardo May 21, 2018
13
Supra. See reference #10
14
Global depletion of groundwater resources. Yoshihide Wada et. al. Geophysical Research Letters, 2010
15
Global groundwater? Issues and solutions. Mark Giordano, Annual Review of Environment & Resources. Vol
34:153-178, 2009
16
A Dictionary of Environment and Conservation: Groundwater Abstraction, by Chris Park, 2nd Edition, Oxford
University Press, 2007
17
http://www.eionet.europa.eu/gemet/concept/3781
18
Spatial Discretization and Parameter Assignment. Mary P. Anderson, Randall J. Hunt, in Applied Groundwater
Modeling (Second Edition), 2015

5
can occur as surface-water leakage from rivers, streams, lakes, and wetlands. 19
Unfortunately, Natural refilling or replenishment of aquifers at depth is a very slow
process because ground water moves slowly through the unsaturated zone and the
aquifer.20 This is where the issues arise and the rate of groundwater recharge becomes
a very important consideration. An example of the issue is a study conducted on the
aquifer underlying the High Plains of Texas and New Mexico which is considered as an
area of slight precipitation. The study estimated that that if the aquifer that was emptied,
it would take centuries to refill the aquifer at the present small rate of replenishment. In
contrast, a shallow aquifer in an area of substantial precipitation may be replenished
almost immediately.21

Extraction leads to four (4) key groundwater issues that are common internationally,
to wit: (i) depletion of water, (ii) degradation of water quality, (iii) the water-energy
nexus, and (iv) transboundary water conflicts. 22

Groundwater depletion has not been completely defined and its explanation has
changed over time. To attempt a basic definition, a balance was originally sought
between groundwater extraction and its replenishment by recharge such that extraction
could continue in equilibrium.23 The concept of depletion has since evolved into one that
acknowledges sustainability and integrated water management. 24 Presently, dDepletion
is still measured by decreases in groundwater levels and decreases in baseflow or
levels in connected surface water bodies and degradation in water quality. 25

19
Chapter Six - Climate Change, Droughts, and Water Resources. Applied Drought Modeling, Prediction, and
Mitigation. By Zekâi Şen, King Abdulaziz University, Jeddah, Kingdom of Saudi Arabia, 2015
20
https://pubs.usgs.gov/gip/gw/how_a.html
21
Ibid.
22
The International Scale of the Groundwater Issue. Integrated Groundwater Management. Fienen M.N., Arshad
M. Springer, Cham. (2016)
23
Aquifer overexploitation: what does it mean?. Emilio Custodio, Hydrogeology Journal, April 2002
24
Assessing the economic viability of alternative water resources in water-scarce regions: Combining economic
valuation, cost-benefit analysis and discounting. By Ekin Birol, et. al, Ecological Economics, 2009
25
Supra. See reference no. 22

6
 Degradation of water quality falls into two broad categories: (a) that which is due to
natural conditions and (b) that which is due to anthropogenic causes. 26 Extraction can
alter groundwater flow directions or expose aquifer material to air, allowing for
previously clean water to encounter natural contaminants such as radium, salt, arsenic,
and fluoride and resulting in poor water quality and associated health impacts. 27 On the
other hand, chemical and biological contaminants emanating from industry and
agriculture also cause water quality degradation. 28

The water-energy nexus is an issue resulting from water extraction, water quality,
and energy production/consumption.29 Declining water levels due to extensive extraction
lead to increased lift required by pumps, thereby increasing the amount of energy
required for irrigation and domestic use. 30 Exploration for new energy sources—for
example, shale gas—also has the potential to create groundwater contamination from
various activities associated with its production, such as during hydraulic fracturing and
deep disposal of drilling fluids.31

IV. POTENTIAL FOR GLOBAL CONFLICT

While it cannot be denied that the issues mentioned in the previous chapter are of
major importance, the potential for global conflict seems to be more likely in the case of
transboundary aquifers (TBAs) as their depletion and degradation of the groundwater
therein have the potential to cause social unrest and spark conflict within and between
countries.32 These are often referred to as potential hotspots. 33 Transboundary Aquifers,
26
Interactions of Water Quality and Integrated Groundwater Management: Examples from the United States and
Europe.. by Warner K.L., Barataud F., et. al , Integrated Groundwater Management. Springer, Cham. (2016)
27
Ibid.
28
Anthropogenic Pollution of Ground Water – Mitigation measures. BHUJAL MANTHAN – A NATIONAL DIALOGUE
ON CLEAN AND SUSTAINABLE GROUND WATER. Central Ground Water Board (CGWB)
Ministry of Jal Shakti, Department of Water Resources, River Development and Ganga Rejuvenation,Government
of India
29
Water Quality and Sustainability, J.L. Schnoor, in Comprehensive Water Quality and Purification, 2014
30
The Water–Energy Nexus in Europe and Spain S. Villamayor-Tomas, in Competition for Water Resources, 2017
31
Shale Gas Exploration and Environmental and Economic Impacts: Chapter 8 - Environmental Concerns of Shale
Gas Production. Author links open overlay panel. A.M.Dayal, 2017
32
https://www.unwater.org/water-facts/transboundary-waters/
33
Global Assessment of Current and Future Groundwater Stress With a Focus on Transboundary Aquifers. By
Claudia Herbert and Petra Döll. Water Resources Research, 2019

7
or TBAs, are defined as a groundwater units shared by two or more nations. 34 Conflicts
between these nations can be substantial and are very likely to be violent. The common
array of literature tackling transboundary water conflict is mainly on surface water.
There is a scarcity of discussions revolving around groundwater conflict. But if we are to
apply syllogism, the twin uncertainties in defining ground water flow and the hydraulic
35
connection between groundwater and surface water, coupled with the ever-increasing
water usage needs— especially for agricultural irrigation 36— severe conflict over TBAs
and resources seems inevitable. The lack of regulation and management of
groundwater, which is often blamed on the same uncertainties surrounding the quantity
and dynamics of groundwater at the regional scale, 37 is not making things any easier. A
potential scenario is where the source of water to the TBA is in one country but the
brunt of the demand pertains to another. 38 To date, those that fall within this scenario
are listed to be as many as 408 TBAs worldwide.39

With the looming infamy of the issues surrounding groundwaters, several analysis
methods have been conceptualized to understand the major factor contributing to these
issues. One such analysis is the Groundwater Footprint, which is defined as the area
required to sustain groundwater use and groundwater-dependent ecosystem services. 40
The Groundwater Footprint analysis conclusively showed that humans are
overexploiting groundwater in many large aquifers that are critical to agriculture,
especially in Asia and North America. 41 Using the analysis of groundwater footprint, a
quantitative assessment of water stress for the 408 identified TBAs was performed and

34
International Groundwater Resources Assessment Centre: Transboundary Aquifers of the World, Update 2012.
Delft: IGRAC; 2012.
35
International borders, ground water flow, and hydroschizophrenia. Ground Water. Jarvis T, Giordano M, Puri S,
Matsumoto K, Wolf A (2005)
36
Intensive groundwater use: silent revolution and potential source of social conflicts. Journal of Water Resources
Planning and Management- Llamas MR, Martinez-Santos P (2005)
37
Transboundary Aquifer Resources. International Water Law and Hydrogeological Uncertainty. Shammy Puri,
2009
38
Transboundary aquifers: conceptual models for development of international law. Ground Water, Eckstein Y,
Eckstein GE (2005)
39
Transboundary Aquifers of the World 2012. United Nations International Groundwater Resources Assessment
Centre. UN-IGRAC (2012)
40
Water balance of global aquifers revealed by groundwater footprint. Nature 488, 197–200, Gleeson, T., Wada, Y.,
Bierkens, M. et al. (2012).
41
Ibid.

8
it was determined that 8% of those are, indeed, stressed by human consumption. 42
More importantly, they identified that many of these TBAs are found in geopolitically
charged areas such as the Arabian Peninsula, the United States—Mexico border, and
between India and Pakistan.43

A. The Ceylanpinar Aquifer

The Ceylanpinar aquifer is located between the border of Turkey and Syria with
a recharge in the Turkish headwaters and the majority of discharge in the Ras al-Ain
Springs in Syria.44 In 1997 Turkey and Syria were on the brink of war and were
engaged in a very real power struggle. Turkey was aligned with Syria's main enemy,
Israel, and there were intractable differences on the issues of borders, the sharing of
river waters, and trans-border communities.45 The borders between the two
countries were laden with landmines some of which have not yet been disarmed and
extracted.46 In less than a decade, relations were transformed from enmity to amity.
Border issues and water water-sharing quarrels were moving towards an amicable
settlement.47
Researchers have created a scale model of this aquifer in an attempt to calculate
sustainable extraction rates based on discharge from the springs. 48 Results show
that organic agriculture along the border, which was non-arable due to landmines,
can be mutually beneficial to both states. 49 In order to prevent over-depletion of the
aquifer , a proposal for joint management is very feasible, but this requires
cooperation.50 However, with the happening of the Syrian Uprising, relations

42
Assessment of transboundary aquifers of the world-vulnerability arising from human water use. Environment
Resource Letter 8(2), Wada Y, Heinrich L (2013)
43
Ibid.
44
Sustainable transboundary groundwater management under shifting political scenarios: the Ceylanpinar Aquifer
and Turkey–Syria relations. Articles Sustainable transboundary groundwater management under shifting political
scenarios: the Ceylanpinar Aquifer and Turkey–Syria relations Mehmet Öztan and Mark Axelrod. 2011
45
Turkey-Syria Relations. Between Enmity and Amity By Özlem Tür, Raymond Hinnebusch, Copyright Year 2013
46
https://reliefweb.int/sites/reliefweb.int/files/resources/explosive_remnants_of_war_erw_and_landmines_aug_2
014.pdf
47
Idem. See reference no. 42
48
Idem see reference no.41
49
Ibid.
50
Supra. See reference no. 22

9
 returned to enmity,51 and any notion of collaboration are now at odds with the other
priorities of these two countries.52

B. The Genevese Aquifer

The Genevese Aquifer extends over 19 kilometers underneath the southern

extremity of Lake Geneva and the Rhône River across the border between France
and Switzerland.53 During the 1960’s and 1970’s, uncontrolled over over-pumping
and the lack of coordination between distributors and beneficiaries led to the
groundwater levels falling drastically that dried out wells had to be closed. 54 This
sparked a slight upheaval between the states but fortunately, an joint effort for
resolution was called instead.

C. The Arabian Peninsula Aquifer

The Arabian Peninsula is an arid group of nations with limited water supplies.
The greater percentage of water supplies definitely comes from groundwater in
aquifers which cover two-thirds of Saudi Arabia and some of them extend into
Kuwait, Bahrain, Qatar, the United Arab Emirates, Oman, and Yemen, as well as
into Jordan, Syria, and Iraq. 55 The environment, economy, and development of any
country are significantly influenced by the regional and seasonal variation in the
available quantity and quality of surface and groundwater. 56 Excessive use of
groundwater has created major problems such as depletion of aquifers and

51
How the Syrian uprising began and why it matters. By Wendy Pearlman, The Conversation, March 2019
52
Supra. See reference no. 42
53
An Overview of Groundwater in International Law – A Case Study: The Franco-Swiss Genevese Aquifer. By
Bernard J. Wohlwend, Workshop III on Harmonization of Diverging Interests in the Use of Shared Water Resources,
17-19 Dec. 2002
54
The aquifer recharge system of Geneva (Switzerland): a 20 year successful
experience. de los Cobos, G.: In: Dillon, P.J. (Ed.) Management of Aquifer recharge for Sustainability, AA
Belkama Publishers, Lisse, 49 - 52. (2002)
55
Water scarcity in the Arabian Peninsula and socio-economic implications. George O. Odhiambo. Applied Water
Science, June 2016
56
Water UN (2012) Global Annual Assessment of Sanitation and drinking-water (GlAAS) 2012 report: the challenge
of extending and sustaining services. UN, New York

10
 deterioration of groundwater quality. 57 Continued water scarcities will affect the
region’s social and economic potential, increase land vulnerability to salinisation and
desertification and raise the risk for political conflict around the limited water
available.58

D. The US-Mexico Aquifer System

These aquifers are located along the 1,250 miles of border between Texas and
Mexico.59 In the 1970s, groundwater became a major new issue on the agenda of
U.S.-Mexican relations.60 As early as the 1900s, the dispute over the groundwater
has been existing. This escalated in the 1960s with the diversion of drainage waters
from the Wellton-Mohawk Irrigation Project near Yuma, Arizona into the Colorado
River waters delivered to Mexico, producing severe salinization and consequent
damage to Mexican agriculture.61 In response, the Mexican government protested
and several deliberations were held. 62 However, the negotiations were lackluster
and slow Mexican officials to construct a major well field adjacent to the border at
San Luis, with the capacity to extract 160,000 acre acre-feet of water annually,
roughly one-tenth of the annual Mexican treaty allotment of Colorado River water. 63
This threatened U.S. groundwater reserves. Fearing the possibility of “a pumping
war”, Minute 242 sought to establish annual withdrawals limits of each nation while
acknowledging existing uses, and providing a basis for the stabilization of the
groundwater table in that area.64 Several treaties have been entered into by the two
countries in the decades that followed but the potentiality of conflicts over these

57
“Excessive Use of Groundwater Resources in Saudi Arabia: Impacts and Policy Options.” By Abdulla Ali Al-
Ibrahim.Ambio, vol. 20, no. 1, 1991
58
FAO (2003) Review of world water resources by country. Water Reports No. 23. ISSN 1020-1203. Rome.
59
The U.S.-Mexican Conflict over Transboundary Groundwaters: Some Institutional and Political Considerations, by
Stephen P. Mumme, 12 Case W. Res. J. Int'l L. 505 (1980)
60
IBWC Minute No. 242, Aug. 30, 1973, Mexico-United States, 24 U.S.T. 1971, T.I.A.S. No. 7708,
61
The Colorado River Salinity Agreement of 1973 and the Mexicali Valley, Furnish & Ladman,15 NAT. (1975).
62
Ibid.
63
Ground Water Occurrence and Utilization in the Arizona-Sonora Border Region, Bradley & DeCook ,18 NAT.1978).
64
Supra. See reference no. 57

11
 aquifers have never ceased and tensions are always brewing. These aquifers are
even described a “time-bomb” that may severely compromise US-Mexico relations. 65

V. PERTINENT INTERNATIONAL LEGAL INSTRUMENTS

Through the years, there are no reported international disputes that pertain to the
importance of groundwater and the huge array of international groundwater systems. 66
When viewed in the context of global water security and climate change adaptation, the
importance of groundwater in aquifers could not be underestimated. Yet, transboundary
aquifer agreements around the world are only a handful and the international legal
framework that is applicableapplies to transboundary aquifer management are is still in
its infancy. This could be a cause of for concern especially in the scenario where two
countries acknowledge the existence of a transboundary aquifer which covers their
borders. Despite the lack of international tension, groundwater has been the subject of
some international communications and negotiations of countries who fall into this
scenario, such as those between the United States and Mexico, Sudan and Egypt,
Algeria and Tunisia, and Hungary and Romania. 67

At present, International relations concerning groundwater resources were

developed by virtue of two reasons: first, the nature of the resource itself makes it an
ideal subject for international cooperation, second, countries are coming to attach
increasing importance to water in general, and to groundwater in particular, so that
international cooperation is becoming increasingly vital. 68 To guide us in our pursuit of
understanding the veracity of such a scenario, we shall be guided by two key questions,
to wit; 1) Given that the countries in question have the political will, are there rules that
they can follow in case they both want to govern and manage the aquifer? 2) If there are
rules, are the bordering countries legally bound to observe them? To answer these
questions, we shall referthe Author will refer to the currently existing international legal
65
There’s a time bomb for US-Mexico relations ticking underground. By Zoë Schlanger, Shallow Waters. August
2018
66
Principles for International Groundwater Law, Dante A. Caponera Dominique Alheritiere, Vol. 18, 1978
67
Supra. See reference #2
68
Supra. See reference # 6

12
instruments that are embodied in the United Nations International Law Commission
Draft Articles on the Law of Transboundary Aquifers. We This Article shall focus on the
sessions that made the most impact.

1. 2008 – The 63rd session of the United Nations (UN) General Assembly
adopted Resolution A/RES/63/124 on the Law of Transboundary
Aquifers by consensus. The resolution encourages States concerned
“to make appropriate bilateral or regional arrangements for the proper
management of their transboundary aquifers, taking into account the
provisions of these draft articles,” which are annexed to the resolution.
The Assembly welcomed the conclusion of the work of the Commission
on the law of transboundary aquifers, accepted the Commission’s
recommendations, and commended the draft articles to the attention of
Governments without prejudice to the question of their future adoption
or other appropriate action.69 These provisions include cooperation
among States to prevent, reduce, and control pollution of shared
aquifers.70 Clearly, all major states have already considered
groundwaters as precious resources which, in turn, prompted the need
for countries sharing a groundwater system to negotiate.

2. 2011 - At its sixty-sixth session, the General Assembly further

encouraged the states concerned to make appropriate bilateral or
regional arrangements for the proper management of their
transboundary aquifers, taking into account the provisions of the draft
articles, and encouraged the International Hydrological Programme of
the United Nations Educational, Scientific and Cultural Organization to
offer further scientific and technical assistance to the States concerned.
The Assembly also decided, in the light of written comments of
Governments, as well as views expressed in the debates of the Sixth
Committee held at its sixty-third and sixty-sixth sessions, to continue to
69
UN General Assembly Resolution on the Law of Transboundary Aquifers
70
UN General Assembly Resolution on the Law of Transboundary Aquifers. A/RES/63/124

13
 examine, inter alia, the question of the final form that might be given to
the draft articles.71

3. 2013 - At its sixty-eighth session, the General Assembly commended to

the attention of Governments the draft articles on the law of
transboundary aquifers as guidance for bilateral or regional agreements
and arrangements for the proper management of transboundary
aquifers; encouraged the International Hydrological Programme of the
United Nations Educational, Scientific and Cultural Organization to
continue its contribution by offering further scientific and technical
assistance to the States concerned; and decided to include in the
provisional agenda of its seventy-first session the item entitled “The law
of transboundary aquifers” 72

4. 2016 – At its seventy-first session, the states concerned were made to

give their statements thru their representatives. Statements were made
by the representatives of Tunisia (on behalf of the Arab Group),
Argentina (also on behalf of Brazil, Paraguay, and Uruguay), Qatar, El
Salvador, the Russian Federation, Japan, Chile, Israel, Bangladesh,
Venezuela (Bolivarian Republic of), Viet Nam, Algeria, the United States
of America and Morocco.73 Delegations generally reiterated their
appreciation to the International Law Commission for the preparation of
the draft articles, which concerned a very important topic. Delegations
also recognized the important contribution to the topic by the
International Hydrological Programme of the United Nations
Educational, Scientific and Cultural Organization. 74 In particular, several
delegations stressed the need for further scientific and technical
knowledge in this area. The social and economic factors linked to the

71
UN General Assembly Resolution on the Law of Transboundary Aquifers. A/RES/66/104
72
UN General Assembly Resolution on the Law of Transboundary Aquifers. A/RES/68/118
73
UN General Assembly Resolution on the Law of Transboundary Aquifers A/C.6/71/SR.18
74
Ibid.

14
 exploitation of transboundary aquifers, and the importance of capacity-
building, technical assistance, and international cooperation, were also
underlined. The view was expressed that carrying out a complete survey
of all aquifers in the world would further foster cooperation at the
international level.75

The 2016 session proved to be a momentous one. Many delegations

made substantive comments on the draft articles. According to a
number of delegations, the draft articles had achieved a clear and fair
balance between the rights and obligations of States. 76 The importance
of balancing the rights and responsibilities of States in the proper
management of transboundary aquifers was underlined. Some
delegations expressed the view that sovereignty over aquifers must be
exercised in conformity with other rules of international law, which
provide limits to the overuse or exploitation thereof. 77 The view was also
expressed by a number of delegations that the issue of a potential
overuse of resources was especially prevalent, for different reasons, in
areas with a dry climate and in areas under foreign occupation. 78
According to some delegations, a more appropriate subject for the draft
articles would have been all international common aquifers, not only
those which are transboundary in nature, because questions of
reasonable and equitable use may arise from the transboundary effects
of the exploitation of aquifers which are not transboundary. The need to
apply the concept of equitable use in relation to future generations was
also underlined.79

75
International Law and Transboundary Aquifers. By Francesco Sindico, Elgar Online Publications, 18 December
2020
76
UN General Assembly Resolution on the Law of Transboundary Aquifers A/C.6/71/SR.19
77
UN WATERCOURSES CONVENTION -User’s Guide. Alistair Rieu-Clarke, et al. IHP-HELP Centre for Water Law,
Policy and Science (under the auspices of UNESCO). 2012
78
Ibid.
79
UN General Assembly Resolution on the Law of Transboundary Aquifers A/C.6/71/SR.33

15
 5. 2016 - At the 33rd meeting, on 11 November, the representative of
Japan, on behalf of the Bureau, introduced a draft resolution entitled
“The law of transboundary aquifers”. 80 At the same meeting, the
Committee adopted the draft resolution without a vote. Under the terms
of this draft resolution, the Assembly would, inter alia, once again
commend the draft articles annexed to its resolution 68/118 to the
attention of Governments as guidance for bilateral or regional
agreements and arrangements for the proper management of
transboundary aquifers, and it would encourage the International
Hydrological Programme of the United Nations Educational, Scientific
and Cultural Organization to continue its contribution by providing
further scientific and technical assistance upon the consent of the
recipient State and within its mandate.81

6. 2019 – The seventy-fourth, almost mirrored the seventy-first session.

Statements were made by the representatives of Denmark (also on
behalf of Finland, Iceland, Norway, and Sweden (Nordic countries)),
Israel, United States of America, Mauritius, Turkey, El Salvador, Japan,
Portugal, Chile, and Egypt.82 The delegations generally reiterated their
appreciation to the International Law Commission for the preparation of
the draft articles, which concerned a very important topic. The social
and economic factors linked to the exploitation of transboundary
aquifers, and the importance of capacity-building, technical assistance,
and international cooperation, were also underlined. 83 Several
delegations highlighted the importance of the work on transboundary
aquifers for the achievement of the Sustainable Development Goals
(SDGs), specifically SDG 6 concerning ensuring availability and
sustainable management of water and sanitation for all. 84 As to the
80
UN General Assembly Resolution on the Law of Transboundary Aquifers (A/C.6/71/L.22)
81
Supra. See reference #80
82
UN General Assembly Resolution on the Law of Transboundary Aquifers A/C.6/74/SR.21
83
UN General Assembly Resolution on the Law of Transboundary Aquifers A/C.6/74/SR.34
84
Ibid.

16
 future form of the draft articles, a number of delegations recognized
their importance as guidelines for States in their elaboration and
conclusion of bilateral or regional agreements. Several delegations
expressed their continued view that the draft articles constitute an
useful basis for negotiation among concerned States, in context-
specific arrangements. A view was expressed that the draft articles
should evolve into an international framework convention. 85

VI. MANAGEMENT INITIATIVES

What can be surmised from the sessions of the United Nations General Assembly
on the law of Transboundary Aquifers is that all the states concerned do manifest a
clear intention to cooperate. Surprisingly, as early as the year 2000, a term has already
been coined for such act, which is, Transboundary Cooperation. The objectives of
Transboundary Cooperation can be divided into three categories: 1) maximum
utilization of the common good (utilitarian approach); 2) conflict prevention; 3)
maintaining ecological sustainability. 86 Transboundary Cooperation will enable Member
States to improve their institutions, strengthen professional capacities and develop
regulations for the sustainable management and environmentally sound protection of
transboundary aquifers.87

At the forefront of the pursuance and maintenance of transboundary cooperation is

the United Nations Educational, Scientific and Cultural Organization's (UNESCO),
particularly its International Hydrological Programme (IHP) which is the international

85
UN General Assembly Resolution on the Law of Transboundary Aquifers A/C.6/74/SR.35
86
Transboundary water management: Who Does What, Where? Analysing the Data in SIWI’s Transboundary Water
Management Database by, Kyungmee Kim and Karin Glaumann, Swedish Water House
87
https://en.unesco.org/themes/water-security/hydrology/groundwater/transboundary-cooperation

17
scientific cooperative program in water research, water resources management,
education, and capacity-building.88 To compile a world inventory of transboundary
aquifers and to develop wise practices and guidance tools concerning shared
groundwater resources management UNESCO IHP established the long long-term
ISARM (Internationally Shared Aquifer Resources Management) Programme launched
at the 14th Session of Intergovernmental Council of the UNESCO IHP (2000). 89 Within
the first phase of the UNESCO ISARM programme, UNESCO – IHP provided technical
support to the United Nations International Law Commission for the preparation of the
draft articles on the Law of Transboundary Aquifers. The UN General Assembly
adopted Resolution on the Law of Transboundary Aquifers in December 2008. 90

Since its start in 2000, ISARM has launched a number of global and regional
initiatives. More than 200 transboundary aquifers have been identified. Inventories were
undertaken in the Americas, Asia, Africa, South-Eastern Europe, Central Asia, and
Caucasus, and the Middle East have been already published separately. 91 These
initiatives These are designed to delineate and analyse transboundary aquifer systems
and to encourage riparian states to work cooperatively toward mutually beneficial and
sustainable aquifer development. 92

The Convention on the Protection and Use of Transboundary Watercourses and

International Lakes (Water Convention) is a unique international legal instrument and
intergovernmental platform which aims to ensure the sustainable use of transboundary
water resources by facilitating cooperation. Initially negotiated as a regional instrument,
it has been opened up for accession to all UN Member States in 2016. 93 Groundwater
management is also addressed in the Water Convention’s Protocol on Water and
Health. The Protocol sets out the obligations for its Parties in the areas of water supply

88
http://h2o.water.gov.my/ihp/index.php/about/introducing-unesco
89
https://isarm.org/isarm-internationally-shared-aquifer-resources-management
90
UN General Assembly Resolution on the Law of Transboundary Aquifers , A/RES/63/124
91
Atlas of Transboundary Aquifers – Global Maps, Regional Cooperation and Local Inventories
Puri. S and Aureli, A (eds.), 2009. Atlas of Transboundary Aquifers – Global Maps, Regional Cooperation and Local
Inventories. UNESCO-IHP ISARM Programme. UNESCO, Paris.
92
Ibid.
93
https://unece.org/environment-policy/water

18
and sanitation which require respective action for the management and protection of
groundwaters that, whether in domestic or transboundary aquifers, should be
considered as one of the sources of water supply. 94

VII. CONCLUSION

The vitality of aquifers as a source of groundwater carries with it the importance of

establishing an international legal framework that will govern them, especially in the
case of transboundary aquifers. The precarious location of the valuable resource may
provoke the political will of the states who invoke adverse claims of ownership and
management of such aquifers. The absence or lack of any legal instrument that will
serve as a basis and guidance for the bordering states would nurture the brewing
potential of conflict between such states. It is extremely fortunate thatFortunately, no
major conflict has ever been recorded in modern history with respect toconcerning
transboundary aquifer disputes. What is admirable is the willingness of the various
states locked in a transboundary scenario, to actually submit to the competent authority
and allow legal framework and instruments to govern them and, likewise, obligate
themselves to be bound by such legal initiatives. The realization of the importance of
these aquifers truly prompted these states to negotiate instead of resorting to grand
conflict. While it took so long for laws to be set in place to govern aquifers, the sessions
conducted by the UN General Assembly on the Law of Transboundary Aquifers have
gainied massive ground and traction, thereby, making their resolutions utterly
significant.

The establishment of firm international laws governing aquifers and groundwater will
be the best deterrent of any potential conflict that may arise from adverse claims on
transboundary aquifers. Being a source of life-giving water, international laws that could
be incorporated into a state’s internal laws should be set in stone to allow the universal
enjoyment of such a vital resource. It is the author’s humble opinion that when it
traverses borders, perhaps the intention was to unite the states it covers and not to
94
https://unece.org/environment-policy/water/areas-work-convention/management-transboundary-
groundwaters

19
cause a wanton divide. Aquifers are, indeed, the world’s well of life that should be
shared for every individual’s mutual benefit.

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