Groundwater is humanitys most vital supply of freshwater. Freshwater resources contained in aquifer systems globally are two orders of magnitude greater than those found in all rivers, lakes, and other surface freshwaters combined. Moreover, approximately one half of the worlds population today is dependent on groundwater for its basic needs.
While these truisms are widely acknowledged, an additional reality is now recognized many of these subsurface freshwater reservoirs are actually transboundary formations shared amongst two or more nations. In fact, around 600 transboundary aquifers have been identified worldwide. They underlie the territory of nearly every non-island nation and are found in both humid and arid environments. Surprisingly, though, only a handful of transboundary aquifers worldwide are subject to any type of formal or informal international agreement.
Transboundary groundwater resources are now receiving growing attention among the international community. Questions are being raised about how they should be managed, allocated and protected, what rights aquifer riparians can enjoy, and what responsibilities these aquifer states might owe to neighbouring aquifer riparians. This book considers all these various aspects of the management and regulation of transboundary groundwater resources. It also presents case studies and explores recent efforts to engage the international community on best practices and global standards for governing transboundary aquifers. As communities and nations continue to expand their reliance on these critical sources of freshwater, they will have to address such issues and develop governance regimes for these shared subsurface resources.
The chapters in this book were originally published as a special issue of Water International.
This book considers various aspects of the management and regulation of transboundary groundwater resources. It presents case studies and explores recent efforts to engage the international community on best practices and global standards for governing transboundary aquifers.
Introduction: the ebb and flow of law and governance for transboundary
aquifers and groundwater resources
1. Strengthening cooperation on
transboundary groundwater resources
2. Codification of the Law of
Transboundary Aquifers (Groundwaters) by the United Nations
3. Managing
buried treasure across frontiers: the international Law of Transboundary
Aquifers
4. The customary law applicable to internationally shared
groundwater
5. The International Law Commissions flawed Draft Articles on
the Law of Transboundary Aquifers: the way forward
6. The World Bank policy
and practice for projects affecting shared aquifers
7. Governance of
transboundary aquifers: new challenges and new opportunities
8. Interpreting
the unknown: uncertainty and the management of transboundary groundwater
9.
Unitization: a lesson in collective action from the oil industry for aquifer
governance
10. Transboundary groundwater law in Europe: a look at an evolving
multi- level regime
11. The Agreement on the Guarani Aquifer: a new paradigm
for transboundary groundwater management?
12. Keeping it legal: transboundary
management challenges facing Brazil and the Guarani
13. Sustainable
transboundary groundwater management under shifting political scenarios: the
Ceylanpinar Aquifer and Turkey Syria relations
Gabriel Eckstein is Professor of Law at Texas A&M University and directs its Energy, Environmental, & Natural Resources Systems Law Program. He serves as President of the International Water Resources Association, and Executive Council Member of the International Association for Water Law.
Alice Aureli is Chief of UNESCOs Groundwater Systems and Water for Human Settlements Section. She is also a member of the Secretariat of UNESCOs intergovernmental International Hydrological Programme where, among other tasks, she is responsible for the International Shared Aquifers Resources Management (ISARM) initiative.