The Law of Transboundary Aquifers: Many Ways of Going Forward, But Only One Way of Standing Still

Review of European Community & International Environmental Law, Vol. 3(1), pp. 32-42 (2014)

11 Pages Posted: 27 Apr 2014

See all articles by Gabriel Eckstein

Gabriel Eckstein

Texas A&M University School of Law

Francesco Sindico

University of Strathclyde - School of Law

Date Written: January 1, 2014

Abstract

The international community has been considering international legal norms and policies for the management of transboundary aquifers for more than ten years. In 2008, the International Law Commission provided a framework with the adoption of the Draft Articles on the Law of Transboundary Aquifers, which are now formally annexed to a United Nations General Assembly (UNGA) Resolution. Since 2008, the topic of the law of transboundary aquifers has thrice been placed on the agenda of the UNGA Sixth Committee with a specific mandate to discuss the future form of the Draft Articles. This article explores the options before the international community regarding the future form of the Draft Articles and considers the possible advantages and disadvantages of each option. The article also discusses the extent to which the actual form of the Draft Articles matters in itself, or whether their impact ultimately will depend on other factors.

Keywords: transboundary aquifer, international, groundwater, International Law Commission, United Nations

JEL Classification: K33, Q25,

Suggested Citation

Eckstein, Gabriel and Sindico, Francesco, The Law of Transboundary Aquifers: Many Ways of Going Forward, But Only One Way of Standing Still (January 1, 2014). Review of European Community & International Environmental Law, Vol. 3(1), pp. 32-42 (2014). Available at SSRN: https://ssrn.com/abstract=2429569

Gabriel Eckstein (Contact Author)

Texas A&M University School of Law ( email )

TX
United States
817-212-3912 (Phone)

Francesco Sindico

University of Strathclyde - School of Law ( email )

Lord Hope Building
John Anderson Campus 141 St. James' Rd
Glasgow G4 0LT, Scotland G4 0LT
United Kingdom

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