Rethinking the management of transboundary freshwater resources: a critical examination of modern international law and practice

Available freshwater stocks are being depleted and impaired on a widespread basis, with acute shortages an increasingly frequent condition in arid climates. In transboundary basins, water scarcity and pollution compound interstate tension and contribute to human suffering and ecological damage. This article provides theoretical perspectives on shared freshwater disputes and on the evolution of the international law of shared water resources. It argues that the UN Convention on the Non‐Navigational Uses of International Watercourses (ratified by some countries, but not yet in force) is inadequate as a framework convention in terms of providing general obligations on the future parties or an institutional framework for future action. The paper suggests that three critical concepts be considered in future management of shared water resources: (1) the unitary character of watersheds (where the absence of extra‐basin diversions allows); (2) joint or “communitarian” watershed management; and (3) the relevance of international trade to alleviating regional food stress, resulting from local water scarcity. Finally, it proposes the establishment of an international advisory body on shared water disputes, modelled after the Intergovernmental Panel on Climate Change (IPCC), whose role is codified in the Kyoto Protocol to the United Nations Framework Convention on Climate Change.