Feasibility study of regional function of legal documents on exploitation of shared waters

Articles in Press

Document Type : Original Article

Authors
Mersedeh Mazloumi 1
Elham Aminzadeh 2
1 Ph.D. in International Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
2 Prof., Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
10.30503/ewl.2025.444333.1010
Abstract
The way of using shared waters has been of great importance for a long time due to the scarcity of these resources and the multitude of beneficiary countries. In such a way that each of the important regions of the world, including Europe, America, Asia, and Africa, have concluded important legal documents and, accordingly, they have prepared specific rules in this regard. Europe due to having a systematic and integrated approach, Africa due to the establishment of multiple water institutions with a consensus decision-making method, Asia due to giving importance to the ecological needs of nature when allocating water resources, and America due to the attention and putting the framework agreement on the agenda. Each of them involved innovations in the management of common water resources; But despite that, important regional documents have not included different legal requirements from each other; Rather, the requirements explained by these documents were common and therefore, the said documents did not have a regional function and each one did not establish unique and separate legal requirements; Rather, all of them have been based on the two important principles of the no-harm and equitable and reasonable utilization.
Keywords
feasibility study
function
region
legal documents
shared waters.
A) Books
1. Mason, S.A. (2004). From Conflict to Cooperation in the Nile Basin, Swiss, Swiss Federal Institute of technology.
2. Scheumann, Waltina and Neubert, Susanne (2006). Transboundary water management in Africa, German, German development institute.
3. Turton, A.R; Meissner, R; Mampane, P.M. and Seremo, O. (2004). A hydro political history of South Africa’s international river basins. Pretoria: water research commission.
 
B) Articles
4. Alexander, E.R. (2002). “The public interest in planning: from legitimation to substantive plan evaluation”, Planning theory, 1(3), pp. 249-226.
5. Cassar, A.Z. and Bruch, C.E. )2003(. "Transboundary environmental impact assessment in international Watercourse management", New York University Environmental Law Journal, 12, 169 pages.
6. Flem, B; Stalsberg, L and Seither, A. (2022). “Groundwater governance in international river basins-an analysis of the Norwegian-Swedish transborder area”, Journal of hydrology: regional studies, 44, pp. 1-12.
7. Green, Olivia o.; Garmestani, Ahjond S.; van Rijswick, Helena F.M.W. and Keessen, Andres (2013). “EU water governance: striking the right balance between regulatory flexibility and enforcement?”, Ecology and society, 18 (2), pp. 10-1.
8. Mbengue, Makane Moïse (2014). “A Model for African Shared Water Resources: The Senegal River Legal System”. Review of European Community & International Environmental Law (RECIEL), 23 (1), pp. 66-59.
9. Zeleke Mekonnen, Dereje (2010). “The Nile Basin Cooperative Framework Agreement Negotiations and the Adoption of a ‘Water Security’Paradigm: Flight into Obscurity or a Logical Cul-de-sac?”. The European Journal of International Law, 21(2), 440-421.
 
C) Online Resources
10. European commission (2022). “Questions and answers on new EU rules on surface water and groundwater pollution”, (3 February 2023), at: https://ec.europa.eu/commission/presscorner/detail/en/qanda
11. European Commission (EC) (2007). “Communication from the commission to the European parliament and the council towards sustainable water management in the European Union”, (20 January 2024), at:
12. Global water partnership (2016). “Integrated water resources management in Central America: the over-riding challenge of managing transboundary waters”, (4 June 2022) at:  https://www.gwp.org/globalassets/global/toolbox/publications/technical-focus-papers/tfp_central_america.pdf
13. MFAT (2018). “The History of IFAS Creation, Ministry of Foreign Affairs of Turkmenistan”, (1 July 2023) at: <https://www.mfa.gov.tm/en/articles/56?breadcrumbs=no&title=aral>.
 
D) Documents
14. Agreement between Finland and Sweden Concerning Transboundary Rivers, 1 October 2010.
15. Agreement between Republic of Kazakhstan, Kyrgyz Republic, Republic of Tajikistan, Turkmenistan, and Republic of Uzbekistan on joint activities in addressing the Aral Sea and the zone around the Sea crisis, improving the environment, and enduring the social and economic development of the Aral Sea region, 18 February 1992. 
16. Agreement between The Government of the Republic of Kazakhstan and The Government of the Kyrgyz Republic On the Use of Water and Energy Resources of the Naryn – Syr Darya Cascade of Reservoirs in 2000
17. Agreement between the republic of the Sudan and the United Arab Republic for the full utilization of the Nile waters, 8 November 1959.
18. Agreement On the Cooperation for The Sustainable Development of the Mekong River Basin, 5apr 1995.
19. Bamako convention, 25 May 1963.
20. Bilateral agreement between Namibia and South Africa regarding the Orange River, October 2011.
21. Convention on cooperation for the protection and sustainable use of the Danube River (Danube river protection convention), 1994.
22. Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention), 1991
23. Convention on the protection of the Rhine, 12 April 1999.
24. Directive 2000/60/EC of the European Parliament and the Council establishing a framework for Community action in the field of water policy (OJ L 327/1 of 22.12.2000), as amended by Decision 2455/2001/EC of the European Parliament and the Council establishing the list of priority substances in the field of water policy (OJ L 331/1 of 12.12.2001).
25. European Parliament resolution of 18 January 2023 on the implementation of the common foreign and security policy – annual report 2022 (2022/2048(INI))
26. Law under the Convention between Norway and Sweden on Certain Questions Relating to Watercourse Law of May 11, 1929
27. LHWP Treaty, (1986).
28. Protocol on the sustainable development of the Lake Victoria Basin, (2003).
29. The Agreement Almaty, 1992
30. The Nile basin cooperative framework agreement, October 2023. 
31. The Nordic Environmental Protection Convention between Denmark, Finland, Norway and Sweden, 5 October 1976.
32. The Rio de la Plata, 3 April 1969.
33. Treaty for Amazonian cooperation, Concluded at Brasflia, on 3 July 1978
34. Treaty of the Southern African Development Community (SADC Treaty), 28 August 1995 and Revised Protocol on Shared Watercourses, & August 2000. 
35. Treaty of the Southern African Development Community (SADC Treaty), 28 August 1995 and Revised Protocol on Shared Watercourses, August 2000. 
36. Zamcom Agreement, 2004. 
37. ZRA Agreement, (1987).
 
E) Others
38. Mngube, F. (2005). “Lake Victoria”, Interview per E-Mail.