The UN ILC Draft Articles on the Law of Transboundary Aquifers

Tuesday, April 13, 2010: 4:20 p.m.
Tabor Auditorium (Westin Tabor Center, Denver)
Shaminder Puri , International Assoc. of Hydrogeologists, Oxon, United Kingdom
In 1997 the IAH set up an International Commission on Transboundary Aquifer Resource Management (TARM). In 2000 UNESCO-IHP launched a joint initiative with the IAH-TARM on Internationally Shared Aquifer Resource Management (ISARM). From 2003 to 2008, the International Law Commission of the UN received six detailed reports from their Special Rapporteur with 36 Draft Article on the Law of Transboundary Aquifers. In December 2008 the UN General Assembly took note of these draft Articles and Resolved to further review them in order to possibly promote these Draft Articles into a future UN Convention.
 
This oral presentation will trace the background to the process outlined above and describe the convergence of the concepts of the hydrogeological community with the understanding of the legal community in taking "science to policy" and the successes and challenges in that journey. It will discuss how terminology applicable in science may not always apply directly in law, and how to find an aceptable process that will allow convergence, making some 'compromises' on the way but ensuring that basic principles remain in tact. The presentation will outline the Global Atlas on Transboundary Aquifers (UNESCO 2009) that has recently been published as a result of the ISARM Programme and it will discuss the 'what next?' in the lead up to the UN's further consideration of the Articles in 2011. Finally the presentation will provoke discussion by asking the question - will the Draft Articles make any difference to the sustainable use of transboundary aquifers by UN Member States?.