FAO LEGISLATIVE STUDY 86

FAO LEGISLATIVE STUDY 86

Groundwater in international law
Compilation of treaties and other legal instruments

Stefano Burchi
Kerstin Mechlem

for the
Development Law Service
FAO Legal Office


UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION
FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS
Rome, 2005

 

Table of Contents


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CONTENTS

ACKNOWLEDGEMENTS

FOREWORD

LIST OF SELECTED ACRONYMS AND ABBREVIATIONS

I. INTRODUCTION

II. GROUNDWATER AGREEMENTS

Chad - Egypt - Libya - Sudan

1. Programme for the Development of a Regional Strategy for the Utilisation of the Nubian Sandstone Aquifer System (NSAS) - Terms of Reference For the Monitoring and Exchange of Groundwater Information of the Nubian Sandstone Aquifer System [Tripoli, 5 October 2000]

Algeria - Libya - Tunisia

2. Establishment of a Consultation Mechanism for the Northwestern Sahara Aquifer System (SASS) [2002]

III. WATER RESOURCES AND ENVIRONMENTAL TREATIES CONTAINING PROVISIONS ON GROUNDWATER

i. Global Conventions

3. United Nations Convention to Combat Desertification in those Countries Experiencing Serious Drought and/or Desertification, particularly in Africa [Paris, 17 June 1994]
4. United Nations Convention on the Law of the Non-navigational Uses of International Watercourses [New York, 21 May 1997]

ii. Multilateral Treaties

a. Regional Treaties

5. ASEAN Agreement on the Conservation of Nature and Natural Resources [Kuala Lumpur, 9 July 1985]
6. Convention on Environmental Impact Assessment in a Transboundary Context [Espoo, 25 February 1991]
7. Convention on the Protection and Use of Transboundary Watercourses and International Lakes [Helsinki, 17 March 1992]
8. Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters [Aarhus, 25 June 1998]
9. Protocol on Water and Health to the 1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes [London, 17 June 1999]
10. Revised Protocol on Shared Watercourses in the Southern African Development Community (SADC) [Windhoek, 7 August 2000]
11. Framework Convention on the Protection and Sustainable Development of the Carpathians [Kiev, 22 May 2003]
12. African Convention on the Conservation of Nature and Natural Resources [Maputo, 11 July 2003]

b. Treaties Concerning Specific River/Lake Basins

13. Convention on Cooperation for the Protection and Sustainable Use of the River Danube [Sofia, 29 June 1994]
14. Convention on the Protection of the Rhine [Berne, 12 April 1999]
15. Tripartite Interim Agreement Between the Republic of Mozambique, the Republic of South Africa and the Kingdom of Swaziland for Co-operation on the Protection and Sustainable Utilisation of the Water Resources of the Incomati and Maputo Watercourses [Johannesburg, 29 August 2002]
16. Framework Agreement on the Sava River Basin [Kranjska Gora, 3 December 2002]
17. The Convention on the Sustainable Development of Lake Tanganyika [Dar es Salaam, 12 June 2003]
18. Protocol for Sustainable Development of Lake Victoria Basin [Arusha, 29 November 2003]

iii. Bilateral Treaties

Austria - Germany, EEC

19. Agreement Between the Federal Republic of Germany and the EEC, on the one hand, and the Republic of Austria, on the other, on Cooperation and Management of Water Resources in the Danube Basin [Regensburg, 1 December 1987]

Canada - United States of America

20. Protocol Amending the 1978 Agreement Between the United States of America and Canada on Great Lakes Water Quality, as Amended on October 16, 1983 [Toledo, 18 November 1987]
21. Memorandum of Agreement Related to Referral of Water Right Applications (10 October 1996) - Appendix to British Columbia/ Washington Memorandum of Understanding [12 April 1996]

Israel - Jordan

22. Treaty of Peace Between the State of Israel and the Hashemite Kingdom of Jordan [Arava/Araba Crossing Point, 26 October 1994]

Israel - PLO

23. Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip: Annex III - Protocol Concerning Civil Affairs [Washington D.C., 28 September 1995]

Mexico - United States of America

24. Agreement of Cooperation Between the United States of America and the United Mexican States Regarding Pollution of the Environment Along the Inland International Boundary by Discharges of Hazardous Substances [San Diego, 18 July 1985]

Niger - Nigeria

25. Agreement Between the Federal Republic of Nigeria and the Republic of Niger Concerning the Equitable Sharing in the Development, Conservation and Use of Their Common Water Resources [Maiduguri, 18 July 1990]

Spain - Portugal

26. Agreement on Cooperation for the Protection and Sustainable Use of the Waters of the Spanish-Portuguese Hydrographic Basins [Albufeira, 30 November 1998]

IV. INTERSTATE AGREEMENTS ON GROUNDWATER OR CONTAINING PROVISIONS ON GROUNDWATER

i. United States

Idaho - Washington

27. Interagency Agreement in the Matter of the Coordinated Management of the Pullman-Moscow Ground Water Aquifer [20 April 1992]

ii. Australia

South Australia - Victoria

28. Border Groundwaters Agreement [15 October 1985]

Commonwealth of Australia - New South Wales - South Australia - Victoria

29. Murray-Darling Basin Agreement [24 June 1992]

Commonwealth of Australia - Queensland - South Australia

30. Lake Eyre Basin Intergovernmental Agreement [21 October 2000]

New South Wales - Queensland

31. Paroo River Intergovernmental Agreement [18 July 2003]

Commonwealth of Australia - Australian Capital Territory - New South Wales - Northern Territory - Queensland - South Australia - Victoria

32. Intergovernmental Agreement on a National Water Initiative [25 une 2004]

V. OTHER LEGAL INSTRUMENTS

i. European Community Law

33. Council Directive 91/676/EEC Concerning the Protection of Waters Against Pollution Caused by Nitrates from Agricultural Sources [12 December 1991]

34. Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 Establishing a Framework for Community Action in the Field of Water Policy [23 October 2000]
35. Proposal for a Directive of the European Parliament and of the Council on the Protection of Groundwater Against Pollution [19 September 2003]

ii. International Non-Binding Instruments

36. United Nations Water Conference - Mar del Plata Action Plan [1977]
37. United Nations Economic Commission for Europe - Charter on Groundwater Management [1989]
38. International Conference on Water and the Environment - The Dublin Statement on Water and Sustainable Development [1992]
39. United Nations Conference on Environment and Development - Agenda 21 - Chapter 18, Protection of the Quality and Supply of Freshwater Resources: Application of Integrated Approaches to the Development, Management and Use of Water Resources [1992]
40. United Nations International Law Commission - Resolution on Confined Transboundary Groundwater [1994]
41. United Nations Economic Commission for Europe - Guidelines on Monitoring and Assessment of Transboundary Groundwaters [2000]
42. Conference of the Contracting Parties to the Convention on Wetlands - Resolution VIII.40 - Guidelines for Rendering the Use of Groundwater Compatible with the Conservation of Wetlands [2002]
43. World Summit on Sustainable Development - Plan of Implementation of the World Summit on Sustainable Development [2002]

iii. Non-Governmental Instruments

44. International Law Association (ILA) - The Seoul Rules on International Groundwaters [1986]
45. Bellagio "Model Agreement Concerning the Use of Transboundary Groundwaters" [1989]
46. International Law Association (ILA) - The Berlin Rules on Water Resources [2004]

APPENDIX - List of treaties and other documents contained in: Ludwik A. Teclaff and Albert E. Utton (eds.), International Groundwater Law (London, Rome, New York: Oceana Publishers, Inc., 1981), reproduced with permission of Oceana Publishers, Inc.

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