Institutions for management of transboundary water resources: their nature, characteristics and shortcomings

Abstract

This paper examines the evolution structure and characteristics of the management systems of 12 transboundary river basins: The Mekong, Indus, Ganges–Brahmaputra, the Nile, Jordan, Danube, Elbe, Rio Grande and Colorado, Rio de la Plata, Senegal and Niger. The paper presents the legal principles which guide the legal regime of the studied rivers, particularly the principle of equitable use of transboundary water resources and the obligation not to cause harm in the management of transboundary water resources. The practice of management in the abovementioned rivers is divided into three categories:

(a) Treaties and agreements stopping short of allocating water between riparian states such as free navigation treaties or institutions which were established for a sole purpose such as combating pollution (Elbe, Danube, Rhine).

(b) Treaties and agreements allocating water between states (the Indus, Nile, Ganges, Jordan).

(c) Agreements for joint management of internationally shared waters (Colorado and Rio Grande, Mekong, Senegal and Niger).

Some of the institutions discussed in this paper have evolved only after a long conflict (Indus, Ganges, Jordan) and that there is a danger of adopting institutions for only a portion of a river basin (Mekong, Nile). The success of institutions which were founded on basin-wide joint management lie in their territorial coverage and broad functional frameworks. These institutions also reflect, in the best way, the current legal norms in the management of transboundary water resources.

Introduction

Transboundary¹ water resources are of two types: groundwater resources or surface (rivers, lakes) water resources. Because water is continuously in motion, issues of control, jurisdiction and sovereignty are much more complicated than when dealing with static land resources. This task is even more difficult when water resources are shared by a number of political entities. The United National Register of International River Basins listed 214 international transboundary river basins in the world in 1987 (UN Registry of International River Basins, 1978). In a more recent updating of the inventory of transboundary river basins 261, international rivers, covering 45.3% of the land surface of the earth were identified and listed (Wolf et al., 1999, pp. 389–391). Some even extend this number of transboundary river basins to 280 (Green Cross, 2000, p. 6)

The management of water resources confronts many obstacles: first, because of the critical importance of water for human existence and secondly, because of its many uses: for drinking and domestic purposes, irrigation, fishing and navigation, hydropower generation, flood management, recreation, tourism and preservation of uses are often in conflict and the satisfaction of one obstructs the fulfillment of the other. Other major difficulties in the management of transboundary water resources are their sheer scale and the frequent gaps between policies, plans and practices (Savenije & van der Zaag, 2000, p. 14). However, the many institutions which govern the management of transboundary water resources point to the fact that in many river basins countries are able to overcome their differences and cooperate to the benefit of all. These patterns or models of cooperation are then discussed, in depth, in this paper.

Four additional features make the management of water resources extremely difficult:

• scarcity,

• maldistribution,

• sharing (Frey, 1993, p. 54),

• over-utilization and misuse.

Water scarcity is not only a natural outcome of climate patterns. It is more a result of population increase and the substantial growth in the demand for fresh water for urban use, agriculture, diverse amenities and industry. Already, more than a billion people in the developing world lack safe drinking water, which those in the developed world take for granted (Gleick 1998, p. 488). As over 40% of the world's population resides in the abovementioned 261 transboundary river basins, the management policies and institutions are extremely important (Green Cross International, 2000, p. 16). Because of future anticipated population growth (global water demand is currently said to double every 21 years), water resources, especially international river basins, have been transformed into tense arenas for competitive exploitation by neighboring nations. Consequently, international disputes have arisen in almost every part of the world (Vlachos, Webb, & Murphy, 1986; Bingham, Wolf, & Wohlgenant, 1994). However, we are reminded that water, because of its nature as a shared resource, tends to induce even hostile co-riparians to cooperate, even as dispute rages over other issues (Wolf, 1999, p. 160).

Maldistribution of water resources is shaped by nature and also by climatic fluctuations. As a result, water-scarce countries, which often have high rates of population growth, frequently find themselves involved in both internal and external conflicts over the scarce water resource. These conflicts may arise because national interests differ and nations develop diverging policies and plans which are not compatible (Savenije & van der Zaag, 2000, p. 14). Areas which are more likely to have conflicts are regions in which scarcity, maldistribution and increase in demand interlock. Over 90% of the conventionally calculated water resources of the Middle East cross international borders, and Africa alone contains 60 international rivers (Green Cross International, 2000, p. 16). African countries, with their agrarian economies, find themselves in a struggle over water resources with the expanding urban sector, which are often located outside the state borders. In many areas of the world transboundary water resources are shared but not managed jointly and, consequently, there are no prior principles to guide partners as to how much each of them can utilize from common water resources and for what purposes. Again, the outcome is disastrous, as water resources all over the world are overutilized and heavily polluted.

In contrast to water conflicts, more than 3600 water-related treaties have stood firm since 805AD, while in the same period, there have been only seven minor water-related skirmishes (Wolf, 1999). Rogers (1992) identified 286 treaties which settle the management of international rivers. Not surprisingly, two thirds of these treaties were ratified in Europe and North America, where problems became acute sooner.

It is the purpose of this paper to explore the nature, characteristics and particular management systems of organizations or institutions which manage international water resources. It will stress three specific research areas: the legal and organizational foundations for management of shared water resources, their structure and functions, and their strength and weakness as institutions. This paper is based on an in-depth study of 12 international river basins which developed elaborate institutions for the management of their transboundary water resource. The 12 river basins are: the Mekong, Indus, Ganges–Brahmaputra, the Nile, Jordan, Danube, Elbe, Rio Grande and Colorado, Rio de la Plata, Senegal and Niger. Other instances of river basins will be mentioned only briefly. The article is divided into two sections. In the first, general principles for the development of organizations for the management of transboundary water resources are presented; in the second part, the structure, functions, strength and weakness of the abovementioned institutions of the 12 river basins are discussed.