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International water law governs the use and management of transboundary water resources. The UN and various organizations have created policies and agreements, such as the Convention on the Law of Non-navigational Uses of International Watercourses, to promote fair and reasonable use, cooperation, and protection of the environment. Non-governmental associations and international courts also play a role in settling disputes.
International water law is the system of laws governing the use and management of water resources, primarily rivers, that cross borders between countries, known as transboundary resources. Different international organizations create and arbitrate different aspects of international water policies. Many, but not all, of the world’s 263 transboundary rivers are governed by some form of international water law.
Several branches of the United Nations (UN) have considered international water law since the organization’s formation. The United Nations General Assembly passed several resolutions on shared natural resources in the 1970s. During the same period, the UN held a conference on water and one on the human environment. More recently, the United Nations Conference on Environment and Development examined how to develop and manage transboundary water resources to protect its quality and supply.
The Convention on the Law of Non-navigational Uses of International Watercourses, which took place in 1997 and was adopted by the United Nations General Assembly, is probably the most comprehensive agreement in international water law. This convention considered surface and groundwater bodies shared by two or more countries. The convention required “the fair and reasonable use and participation” of the countries involved, and also specified obligations to cooperate, not cause significant harm, and share transboundary resource data. It also gave countries sharing a waterway joint responsibility for controlling pollution and protecting the environment.
Recommendations on pollution and other environmental problems in transboundary waters have also been made by the Organization for Economic Co-operation and Development (OECD). The International Conference on Water and the Environment, held in 1992, considered methods for resolving conflicts arising from transboundary water resources. There are also several regional intergovernmental organizations that consider transboundary waters in their respective regions, such as the Council of Europe, the Pan American Union, and the Asian-African Legal Advisory Committee.
Non-governmental associations of international law also consider the various difficulties arising from transboundary water resources. The International Law Association adopted a set of rules, called The Helsinki Rules on the Uses of the Waters of International Rivers, in 1966, and has since periodically added rules and articles to The Helsinki Rules. Resolutions and regulations concerning navigation and pollution of international waters have been adopted by the Institute of International Law. The International Association for Water Law and the Inter-American Bar Association have also made recommendations on transboundary waters.
Some international courts are responsible for settling disputes relating to transboundary waters. The Permanent Court of International Justice and the International Court of Justice have ruled on international water law cases. An arbitral tribunal is responsible for resolving cases involving arbitral awards.
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