International Water Law

With around two hundred and seventy-six (276) rivers and lakes and a large number of groundwater shared by two or more States, there is an increasing level of interest in the importance of international law in this area. This introductory module is designed to highlight how international regulation is fundamental to achieving a harmonious and peaceful management of these essential resources. It outlines the various issues and challenges related to the management and protection of water resources. Whilst emphasis is placed on the factors that can lead to conflict, the module will also show how water can be considered as an instrument of peace and cooperation among States. Within this context, the benefits of cooperation between States over transboundary freshwater are examined. We will also analyse the different uses linked to water resources and the relationships that exist between them. The module will be concluded by a quiz worth 15% of the final mark. You must have at least 80% of the answers correct to pass the module.

This module outlines the major milestones in the evolution of international freshwater regulation. It will present the scope and contribution of the United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses (1997 Convention) and the Convention on the Protection and Use of Transboundary Water and International Lakes of the United Nations Economic Commission for Europe (UNECE) (1992 Convention). The role of international organizations, international academic societies and civil society in the development and promotion of these instruments will be highlighted. The unique nature of groundwater regulation is also addressed and we will look closely at the main features of the 2008 International Law Commission’s Draft articles on the Law of Transboundary Aquifers. We will also examine the best practice shown in the 2008 Convention on the Protection, Utilisation, Recharge and Monitoring of the Franco-Swiss Genevois Aquifer. The module will be concluded by a quiz worth 20% of the final mark. You must have at least 80% of the answers correct to pass the module.

This module presents the general principles governing how water is shared and we will also examine the rules associated with planned measures on transboundary waters. We will take a look at the theory behind the principle of equitable and reasonable use, the obligation to not cause significant harm and the principle of cooperation. The rules of notification, consultation and negotiation in the case of planned measures will be examined in detail. We will also focus how these principles interact with each other. The module will be concluded by a quiz worth 25% of the final mark. You must have at least 80% of the answers correct to pass the module.

This module highlights how other bodies of norms such as international environmental law, human rights and the law of climate change have contributed to the protection of transboundary freshwaters. The module presents the main international conventions that deal with the environment and details the principles that apply to the management of shared water resources (such as prevention, precaution and the obligation to conduct an environmental impact study). We will examine new legal instruments that take into account these aspects of international freshwater law via the water charters (such as for the Senegal River, the Niger River Basin, the Lake Chad Basin). The module will be concluded by a quiz worth 25% of the final mark. You must have at least 80% of the answers correct to pass the module.