Comments on the International Law Commission's Draft Articles on the Law of Transboundary Aquifers (2006)

7 Pages Posted: 2 Apr 2008

See all articles by Stephen C. McCaffrey

Stephen C. McCaffrey

University of the Pacific - McGeorge School of Law

Date Written: March 30, 2008

Abstract

The U.N. International Law Commission (ILC) adopted a set of draft articles on the Law of Transboundary Aquifers on first reading at its 2006 session. It is likely that the ILC will give the draft a second and final reading at its session to be held in the summer of 2008. The draft, which many expected to deal with a form of transboundary groundwater not covered by the 1997 U.N. Convention on the Law of the Non-Navigational Uses of International Watercourses, in fact overlaps with the 1997 Convention in terms of the subject matter it covers and thereby gives rise to confusion. Moreover, the draft introduces a dangerous and novel concept into the law of shared freshwater resources: sovereignty over the portion of those resources located in the territory of a state. For these reasons, the draft is fundamentally flawed and should not be adopted by the Commission without revisions that eliminate these problems.

Keywords: International Law Commission, Law of Transboundary Aquifers, International Watercourses

JEL Classification: K33

Suggested Citation

McCaffrey, Stephen C., Comments on the International Law Commission's Draft Articles on the Law of Transboundary Aquifers (2006) (March 30, 2008). Available at SSRN: https://ssrn.com/abstract=1114988 or http://dx.doi.org/10.2139/ssrn.1114988

Stephen C. McCaffrey (Contact Author)

University of the Pacific - McGeorge School of Law ( email )

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