chapter  6
36 Pages

Groundwater and Aquifers Under the UN Draft Articles on the Law of Transboundary Aquifers

ByGabriel Eckstein

The Draft Articles on the Law of Transboundary Aquifers follow and build on the provisions found in the Watercourses Convention. In December 2008, the UN General Assembly accepted the final work-product of the UNILC and adopted Resolution 63/124 containing the nineteen Draft Articles on the Law of Transboundary Aquifers proposed by the UNILC. The Draft Articles are divided into sections: introductory articles on scope and definitions; articles delineating general principles related to States' rights and obligations; articles enumerating specific obligation related to protection, preservation, and management; and a miscellaneous section containing supplementary articles. Most treaties contain introductory provisions delineating the scope—the subject matter that falls within the purview of the instrument—and provide definitions for some of the special or unique terms used in the agreement. The Draft Articles recognize the value that the institutional mechanisms can provide for encouraging cooperation as well as the sound management of transboundary groundwater resources.