The Berlin Rules on Water Resources is a document adopted by the
International Law Association (ILA) to summarize
international law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
customarily applied in modern times to
freshwater
Fresh water or freshwater is any naturally occurring liquid or frozen water containing low concentrations of dissolved salts and other total dissolved solids. Although the term specifically excludes seawater and brackish water, it does include ...
resources, whether within a nation or crossing international boundaries. Adopted on August 21, 2004, in
Berlin
Berlin ( , ) is the capital and largest city of Germany by both area and population. Its 3.7 million inhabitants make it the European Union's most populous city, according to population within city limits. One of Germany's sixteen constitue ...
, the document supersedes the ILA's earlier "
", which was limited in its scope to international
drainage basin
A drainage basin is an area of land where all flowing surface water converges to a single point, such as a river mouth, or flows into another body of water, such as a lake or ocean. A basin is separated from adjacent basins by a perimeter, t ...
s and
aquifer
An aquifer is an underground layer of water-bearing, permeable rock, rock fractures, or unconsolidated materials (gravel, sand, or silt). Groundwater from aquifers can be extracted using a water well. Aquifers vary greatly in their characterist ...
s connected to them.
Background
In 1966, the ILA adopted "The Helsinki Rules on the Uses of the Waters of International Rivers", an unenforceable guideline governing the usage of rivers and connected groundwaters that crossed national boundaries.
As the guideline did not address other aquifers, various other guidelines were subsequently drafted and adopted by other organizations to replace or supplement them, including the
United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
' "
Convention on the Law of Non-Navigational Uses of International Watercourses" and the ILA's own "
Rules on International Groundwaters
Rule or ruling may refer to:
Education
* Royal University of Law and Economics (RULE), a university in Cambodia
Human activity
* The exercise of political or personal control by someone with authority or power
* Business rule, a rule perta ...
."
However, these documents were restricted to addressing international waters. In 1996, the ILA appointed
Joseph Dellapenna to produce a compilation of water related laws, following the production of which in 1997 it decided to create a comprehensive document, addressing all freshwater resources as well as issues affecting the climate that impacts them.
Provisions
The document requires that nations take appropriate steps to sustain and manage water
Water (chemical formula ) is an inorganic, transparent, tasteless, odorless, and nearly colorless chemical substance, which is the main constituent of Earth's hydrosphere and the fluids of all known living organisms (in which it acts as a ...
resources, in conjunction with other resources, and minimize environmental harm. In addition to setting out various regulations for nations to follow with respect to water within their boundaries and water they may share, it regulates behavior in wartime, including damage to water installations such as dam
A dam is a barrier that stops or restricts the flow of surface water or underground streams. Reservoirs created by dams not only suppress floods but also provide water for activities such as irrigation, human consumption, industrial use, a ...
s and dike
Dyke (UK) or dike (US) may refer to:
General uses
* Dyke (slang), a slang word meaning "lesbian"
* Dike (geology), a subvertical sheet-like intrusion of magma or sediment
* Dike (mythology), ''Dikē'', the Greek goddess of moral justice
* Dikes, ...
s. Nations are not permitted to take action that may result in a shortage of life-sustaining water for civilians, unless a nation being invaded is compelled by military emergency to disable its ''own'' water supply, or that may cause undue ecological damage. Poisoning water necessary for survival is in all cases forbidden.
Where water resources are internationally shared, it regulates equitable use with reasonable consideration of such factors as past customary usages of the resource and balancing variant needs and demands of all bordering nations. It mandates that the first consideration in weighing needs is satisfying the requirements of human beings for water to sustain life. It requires that nations sharing water make reasonable efforts not to cause harm to one another by the ways in which the water is used. It permits free navigation by all nations sharing a water system, although it allows reasonable restriction by a nation of water navigation within its jurisdiction for security. Nations are expected to work together as needed to sustain shared water resources.
The document requires a reasonable openness to the international community of information related to water resources and their usage, particularly in those cases where nations sharing a water resource may be impacted. Except in cases of emergency, usage that may significantly impact others should be discussed in advance with all interested nations, with disagreements resolved by appeal as necessary to international governing committees.
Regardless of the location of water, and whether or not a water resource is shared, it asserts the right of every individual to equally access water to sustain life without discrimination, even in times of war. It requires states to enable their citizens to participate in decisions affecting water access by providing reasonable information about the water resource and plans impacting it. It also mandates the compensation of those who are displaced in the interests of securing water preservation. It requires that nations be mindful of the environmental factors that affect water resources and preserve them appropriately, such as by preventing water pollution
Water pollution (or aquatic pollution) is the contamination of water bodies, usually as a result of human activities, so that it negatively affects its uses. Water bodies include lakes, rivers, oceans, aquifers, reservoirs and groundwater. Water ...
and preserving native ecosystem
An ecosystem (or ecological system) consists of all the organisms and the physical environment with which they interact. These biotic and abiotic components are linked together through nutrient cycles and energy flows. Energy enters the syste ...
s, even if they are occupying foreign territory during a time of war. It requires appropriate measures to address flooding and drought
A drought is defined as drier than normal conditions.Douville, H., K. Raghavan, J. Renwick, R.P. Allan, P.A. Arias, M. Barlow, R. Cerezo-Mota, A. Cherchi, T.Y. Gan, J. Gergis, D. Jiang, A. Khan, W. Pokam Mba, D. Rosenfeld, J. Tierney, an ...
, both in communicating quickly about these to nations sharing a water resource and in working to eliminate or prevent harm to a water resource and the population dependent on it.
The Berlin Rules on Water Resources provides that nations must enforce its provisions through local legislation and also submit to international review as necessary to ensure that they are compliant.
References
External links
International Law Association Berlin Conference (2004): Water Resources Law
{{DEFAULTSORT:Berlin Rules On Water Resources
Water law
Environmental issues with water
2004 in international relations
2004 in law
2004 in Germany
Rules on Water Resources
August 2004 events in Germany
International environmental law
2004 in the environment