The Convention on the Protection and Use of Transboundary Watercourses and International Lakes, also known as the Water Convention, is an
international environmental agreement and one of five
UNECE's negotiated environmental
treaties
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal per ...
.
The purpose of this Convention is to improve national attempts and measures for protection and management of transboundary surface waters and groundwaters. On the international level, Parties are obliged to cooperate and create joint bodies. The Convention includes provisions on: monitoring, research, development, consultations, warning and alarm systems, mutual assistance and access as well as exchange of information.
It was opened for signature in Helsinki on 17 March 1992 and entered into force on 6 October 1996. As of November 2022, it has been ratified by 47 parties, which includes 46 states and the
European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been ...
. It has been signed but not ratified by the United Kingdom.
About the Convention
Some of the UNECE's water related problems are of water quantity and water quality, high
water stress and
overexploitation
Overexploitation, also called overharvesting, refers to harvesting a renewable resource to the point of diminishing returns. Continued overexploitation can lead to the destruction of the resource, as it will be unable to replenish. The term ap ...
of water resources, increasing droughts and floods, contaminated water resulting in water-related diseases, etc. These issues are even harder to solve due to transboundary nature of watersources UNECE region. More than 150 major rivers and 50 large lakes are either shared or are situated along the borders of two or more countries.
The Water Convention approaches its issues in a
holistic
Holism () is the idea that various systems (e.g. physical, biological, social) should be viewed as wholes, not merely as a collection of parts. The term "holism" was coined by Jan Smuts in his 1926 book ''Holism and Evolution''."holism, n." OED Onl ...
way, equally emphasizing the importance of
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, human societies and economies, and stressing the integrated water management instead the previously used focus on specific localized problems.
In 2003, the Water Convention was
amended, allowing countries outside the UNECE region to join the Convention, and thus benefit from its legal framework and experience; the amendment entered into force in 2013. This is especially beneficial for countries bordering UNECE region.
History of international agreements concerning transboundary waters
UNECE's records on transboundary water agreements previous to the Water Convention:
* in 1858 Austria and Bavaria signed the agreement concerning the regulation and management of the
river Inn
* in 1863 Belgium and the Netherlands signed the treaty concerning the regulation of water supply from the
Meuse
The Meuse ( , , , ; wa, Moûze ) or Maas ( , ; li, Maos or ) is a major European river, rising in France and flowing through Belgium and the Netherlands before draining into the North Sea from the Rhine–Meuse–Scheldt delta. It has a ...
* in 1890 Germany and Switzerland signed the agreement concerning the hydropower station at
Rheinfelden
* from 1909 dates the first and still existing agreement covering both water-quality and water-quantity issues, and setting up a joint body, between Great Britain and the United States of America relating to boundary waters between Canada and the United States
Parties and signatories
Party: European Union
Signatory only: United Kingdom of Great Britain and Northern Ireland
Implementation
At their second meeting the State Parties decided to help countries in establishing joint bodies, as required by certain provisions of the Convention. Also, it was decided to facilitate cooperation between this and other UNECE conventions, and to examine difficulties arising when implementing the Convention (administrative practices).
At the fifth session of the meeting of the parties, a Guide to implementing the Convention was adopted. A Guide offers commentaries to the provisions, and examples of good practices. In addition to that, an Assessment was made, to show the current status of transboundary waters. The Second Assessment covers more than 140 transboundary rivers, 25 transboundary lakes, about 200 transboundary groundwaters and 25
Ramsar sites or other
wetland
A wetland is a distinct ecosystem that is flooded or saturated by water, either permanently (for years or decades) or seasonally (for weeks or months). Flooding results in oxygen-free ( anoxic) processes prevailing, especially in the soils. T ...
s of transboundary importance.
List of joint bodies in the European Union
*
(ICPDR)
*
International Sava River Basin Commission
* Internationale Kommission zum Schutz der Elbe (IKSE)
* Internationale Commissie voor de Bescherming van de Maas (ICBM)
* Internationale Kommission zum Schutze des Rheins
* Internationale Kommissionen zum Schutze der Mosel und der Saar (IKSMS)
* Internationale Gewässerschutzkommission für den Bodensee(IGKB)
* Internationale Kommission zum Schutz des Genfersees
* Internationale Scheldecommissie (ISC)
* International Commission for the Protection of the Odra River against Pollution
*
Interstate Commission for Water Coordination of Central Asia
* The Commission of the Republic of Kazakhstan and the Kyrgyz Republic on the Use of Water Management Facilities of Intergovernmental Status on the Rivers Chu and Talas
[Implementation](_blank)
UNECE (25 March 2000).
List of joint bodies in North America
* Great Lakes, St. Lawrence River and other transboundary waters shared by Canada and the United States:
International Joint Commission
The International Joint Commission (french: Commission mixte internationale) is a bi-national organization established by the governments of the United States and Canada under the Boundary Waters Treaty of 1909. Its responsibilities were exp ...
(IJC)
*
Great Lakes Commission (GLC)
Convention Bodies
Meeting of the Parties
Meeting of the Parties is the main governing body of the Water Convention that reviews its implementation. It consists of all Parties to the Convention. Other Signatories and States as well as
non-governmental
A non-governmental organization (NGO) or non-governmental organisation (see spelling differences) is an organization that generally is formed independent from government. They are typically nonprofit entities, and many of them are active i ...
and
intergovernmental organizations can participate as observers.
Bureau
The Bureau of the Meeting of the Parties makes arrangements to further develop the workplan, adapts it to changing circumstances and avoids duplication of efforts with water-related activities of other United Nations bodies and other international organizations. Is also takes initiatives to strengthen implementation of the Convention.
Subsidiary Bodies to the Meeting of the Parties
The two Working Groups collaborate closely through cooperation on a number of joint activities. They hold one ordinary meeting per year.
1. Working Group on
Integrated Water Resources Management
The focus of this Group are the intersectoral activities related to the integrated management of transboundary water resources. Activities tend to prevent damage to the environment, promote the ecosystem approach in the framework of integrated water resources management, and ensure conservation and possibly, restoration of water-related ecosystems. Further efforts include promotion of the concept of
payments for ecosystem services, prevention of accidental
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. Wate ...
, and
adaptation to climate change
Climate change adaptation is the process of adjusting to current or expected effects of climate change.IPCC, 2022Annex II: Glossary öller, V., R. van Diemen, J.B.R. Matthews, C. Méndez, S. Semenov, J.S. Fuglestvedt, A. Reisinger (eds.) InClimat ...
in the transboundary context, including floods and droughts management.
2. Working Group on Monitoring and Assessment
The focus is establishing and implementing joint programmes for monitoring the conditions of transboundary waters, including floods and
ice drift
Sea ice arises as seawater freezes. Because ice is less dense than water, it floats on the ocean's surface (as does fresh water ice, which has an even lower density). Sea ice covers about 7% of the Earth's surface and about 12% of the world's oc ...
, as well as transboundary impacts. Also, this Working Group prepares periodic assessments on the status of transboundary waters and international lakes in the UNECE region. It encourages Parties to inform each other and the general public about any critical situation that may have a transboundary impact and to make available the results of water and effluent sampling.
Legal Board
The Legal Board was established in November 2003, to facilitate legal issues related to the work under the Convention. The Legal Board has developed the Guide to Implementing the Convention, together with the Working Group on Integrated Water Resources.
Task Force on Water and Climate
The Task Force is responsible for activities related to adaptation to climate change, including flood and drought management. In 2007–2009 they prepared a Guidance on Water and Adaptation to Climate Change which provides recommendations for the governments. The Task Force implements the Guidance through various pilot projects and a platform for exchanging experience.
Joint Ad Hoc Expert Group on Water and Industrial Accidents
This Group deals with prevention of the accidental pollution of transboundary waters.
International Water Assessment Center
The Centre was established at the second meeting of the Parties (Paris, March 2000). It serves as an operational body of the Convention and its Provisions.
Implementation Committee
The objective of the Implementation Committee is to facilitate, promote and safeguard the implementation and application and compliance with the Water Convention. Established in November 2012, the committee is to be simple, non-confrontational, non-adversarial, transparent, supportive and cooperative, building on the collaborative spirit of the Convention.
Protocols to the Convention
There are two protocols to this Convention:
Protocol on Water and Health
This protocol was negotiated in 1999. It is addressing the problems of water related diseases in the UNECE region, where one out of seven people do not have access to safe drinking water and adequate sanitation. Consequently, that brings diseases such as
cholera
Cholera is an infection of the small intestine by some strains of the bacterium '' Vibrio cholerae''. Symptoms may range from none, to mild, to severe. The classic symptom is large amounts of watery diarrhea that lasts a few days. Vomiting a ...
,
bacillary dysentery, coli infections, viral
hepatitis A
Hepatitis A is an infectious disease of the liver caused by ''Hepatovirus A'' (HAV); it is a type of viral hepatitis. Many cases have few or no symptoms, especially in the young. The time between infection and symptoms, in those who develop them ...
and
typhoid
Typhoid fever, also known as typhoid, is a disease caused by ''Salmonella'' serotype Typhi bacteria. Symptoms vary from mild to severe, and usually begin six to 30 days after exposure. Often there is a gradual onset of a high fever over several d ...
.
The implementation of this Protocol requires setting firm targets: the process of setting targets consists of analyzing the national situation, streamlining and harmonizing responsibilities and commitments in water and health. A State Party has to elaborate a realistic plan for improvement. This process helps focus the attention on the services and actions needed.
Some of the areas of work of the Protocol are: small scale water supplies, water supply and sanitation in extreme weather events, water-related disease surveillance, equitable access to water and sanitation etc.
The Protocol on Water and Health entered into force in 2005. As of 2013, it has been ratified by 26 European states.
Protocol on Civil Liability
The
was formally adapted at the Ministerial Conference "Environment for Europe" in Kiev, Ukraine, on 21 May 2003. It was initiated by a first joint special session of the Parties to the Water Convention together with the Parties to the
Convention on the Transboundary Effects of Industrial Accidents. Its aim is to give individuals affected by the transboundary impact of industrial accidents on international watercourses (e.g. fishermen or operators of downstream waterworks) a legal claim for adequate and prompt compensation.
The financial limits of liability as well as the minimum amount of financial securities have been agreed by all the actors of the negotiation, including the insurance sector, and are therefore realistic and appropriate.
Civil Liability – Home
UNECE. As of 2013, the Protocol has been ratified only by Hungary
Hungary ( hu, Magyarország ) is a landlocked country in Central Europe. Spanning of the Carpathian Basin, it is bordered by Slovakia to the north, Ukraine to the northeast, Romania to the east and southeast, Serbia to the south, Croa ...
and is not in force.
References
Tayia, A. Transboundary Water Conflict Resolution Mechanisms: Substitutes or Complements. Water 2019, 11, 1337
External links
International Water Law, Research Guide International Law
Peace Palace Library
The Peace Palace Library is a collection of studies and references specializing in international law. It is located in The Hague, Netherlands, and was established to support the Permanent Court of Justice.
Description
The library is one ...
UN Water
website
Signatures and ratifications
{{DEFAULTSORT:Protection and Use of Transboundary Watercourses and International Lakes Convention
Environmental treaties
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Transboundary environmental issues