日内瓦大学

International Water Law

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In recent decades, international law has undergone a series of major developments in order to accommodate the many new facets of freshwater management and protection. The adoption of universal, regional and basin instruments highlights how important it is to study the evolution of international water regulations and to be able to identify the main principles in this field. This course aims to provide the necessary background to understand and examine the regulation applicable to transboundary freshwaters especially to rivers, lakes and aquifers. It presents the principles and legal standards that govern the use, sharing, management and protection of these resources. The MOOC is made up of 5 modules. As each module addresses a different theme, they can be viewed in any order. However, the modules do follow a certain pedagogical logic and following in order will be especially helpful to those who are new to the subject. Each module is accompanied by an evaluation questionnaire or quiz. A certificate will be awarded to students who obtain an average of at least 80% in the quizzes. By the end of this course, you will be able to: 1) Describe the issues related to the regulation of transboundary freshwaters; 2) Explain how transboundary freshwater regulations have evolved; 3) Recall and interpret the key principles governing water resource regulation; 4) Understand the role of transboundary freshwater dispute settlement mechanisms in the development of international freshwater law (or to understand the role of international courts and tribunals in the resolution of conflicts) This MOOC was developed by the Platform for International Freshwater Law that is part of the Geneva Water Hub, assisted by the MOOC Team of the University of Geneva. Alongside the researchers and teachers of the Platform, several international experts have also participated. This MOOC is one of three courses supported by the Water Hub Geneva and the University of Geneva. The other MOOCS are "Water Management and Policy" (www.coursera.org/learn/gestioneau) and "Ecosystem Services: a method for sustainable development "(www.coursera.org/learn/ecosystem-services). The Global Water Program of the Swiss Agency for Development and Cooperation (SDC) has funded this course. This MOOC was originally created in French. It has English subtitles.

从本节课中

Module 2: The Evolution of the International Regulation on Fresh Water Resources

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.

2.2.1. The Origin of Codification of the Law Applicable to International Watercourses - Interview with Professor Lucius Caflisch, Honorary Professor at the Graduate Institute of International and Development Studies and Former Member of the UN International Law Commission9:08

2.2.2. The Significance of the Entry into Force of the Convention on the Law of the Non-Navigational Uses of International Watercourses of 1997 - Professor Makane Moïse Mbengue, Faculty of Law, Institute for Environmental Sciences, University of Geneva8:29

2.2.3. The Contribution of the Convention on the Protection and Use of Transboundary Watercourses and International Lakes of 1992 to the Regulation of Transboundary Water Resources - Interview with Ms Francesca Bernardini, Secretary of the Convention on the Protection and Use of Transboundary Watercourses and International Lakes11:29

2.2.4. The Role of Civil Society in the Ratification Process of the United Nations Convention of 1997 - Interview with Ms Marie-Laure Vercambre, Director, Water for Life and Peace Programme, Green Cross International17:00

与讲师见面

Laurence Boisson de Chazournes
Professor
Department of Public International Law and International Organization, Faculty of Law
Makane Moïse Mbengue
Professor
Faculty of Law and Institute of Environmental Sciences
Mara Tignino
Reader
Department of Public International Law and International Organization, Faculty of Law
Komlan Sangbana
Associate Researcher
Faculty of Law and Institute of Environmental Sciences

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One of the main objectives of international water regulation

since the mid-twentieth century has been to codify

the international rules of the management,

use and protection of international watercourses.

One of the first attempts of codification is

seen in the famous 1966 Helsinki rules from

the International Law Association, which helped identify

the customary principles of international water law.

After this first major attempt by the International Law Association at the

UN International Law Commission,

codification attempts have been made and these efforts,

these attempts at codification gave rise, in 1997, to the famous

New York Convention on the Law of

Non-navigational Uses of International Watercourses.

This Convention is very important because, it is the first

step towards the codification of principles

of international water law.

So, of course, not all States agree on whether

all the principles contained in this Convention

truly reflect customary international law,

but it still remains an attempt at codification, a first universal effort,

originating from the United Nations itself.

However, the reluctance and controversy

which characterizes some of the principles, including the customary nature

of some of the principles contained in the Convention, meant that

it took a long time to come into force.

It took almost 17 years to achieve the 35 ratifications

needed for its entry into force, but now it is done.

Since 17 August 2014, this Convention has been in force

and of course, this gives a certain impetus

to the idea of customary principles in the field of international water law.

Many States will surely apply

the Convention in the framework of

their cooperation but also within the framework of basin agreements.

The fact that this Convention has entered into force shows

that there is some recognition from the international community

about the importance of the principles contained in the

Convention (whether they are considered customary or not).

For the States which had already,

who already adhered to this Convention, it is a confirmation, because,

it should not be forgotten that before the Convention entered into force,

there were several instruments of international water law, (in particular

a number of basin agreements over the last 15 years) which already referred to

the principles of customary international law as codified by the 1997 Convention.

And so, for those States, this Convention was already seen as an instrument

of codification and they can be reassured by that.

Their position will be strengthened.

Of course, there are challenges.

There are major issues linked to this Convention.

In my opinion, we should consider adopting protocols.

Because, it should not be forgotten that this Convention

is a framework agreement.

If you look at the preamble of the 1997 Convention,

it clearly states that it is a framework agreement,

and it therefore only lays the foundation of an international régime

and as such the principles contained in this Convention deserve

to be clarified, to be elaborated.

I am one of those who believe it would be useful

to have certain protocols or annexes which

clarify the content and extent of some of the rules

contained in the 1997 Convention.

But another challenge is an institutional challenge.

That is, the secretariat responsible for

the day-to-day administration of the 1997 Convention.

There is still no consensus on this issue.

UNEP, but also the United Nations Economic Commission for Europe

would like to play the role of secretariat for this Convention.

So we have to think about all the institutional mechanisms,

because the Convention does not really put in place

institutional mechanisms to administer and sustain this Convention.

Ultimately a Convention is a living instrument,

and which need to develop over time.

In order to

develop this Convention in practice,

international tribunals, including the International Court of Justice are important mechanisms.

In 1997, when the New York Convention was

adopted, the Court had been really pioneering.

In its judgement on the Gabcikovo-Nagymaros case,

the court had already referred to the 1997 Convention.

So today, now the Convention is in force,

the Court could give more importance

to the principles contained in the 1997 Convention,

not only by confirming their customary nature, but also by trying to

clarify the content and the relationship between these different principles.

Questions remain over the relationship

between these different principles, and in particular the relationship between the

equitable and reasonable use and the principle not to cause a

significant damage to an international watercourse.

And therefore I think that the entry into force should encourage

international courts to refer to this Convention.

It is true that during the years when

it was not clear whether this Convention would enter into force.

there was very little reference to the Convention by the

international case law even though international courts and tribunals

dealt with several disputes concerning international rivers.

We hope that the entry into force will

enable international tribunals to contribute to the development,

to the interpretation of that 1997 Convention,

but it is clear that the primary role will rest with the Parties.

And so, a conference of the parties must be established

similar to that found in the field of climate,

so further decisions can develop and

strengthen the 1997 Convention, which ultimately is

a framework agreement.

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