20 October 2016: The UN General Assembly’s (UNGA) Sixth Committee (Legal) discussed draft articles of a proposed law on transboundary aquifers, as UN and European Union (EU) leaders put forward examples of good practice.

The draft articles provide guidance for countries entering into international agreements and arrangements for the proper management of transboundary aquifers. In the Sixth Committee discussion, speakers welcomed the draft articles that have been developed by the International Law Commission as a basis for countries to develop their own agreements with neighbors, and some called for the provision of further scientific information.

Some countries foreshadowed the possibility of the draft articles of a proposed law on transboundary aquifers forming the basis of an international convention.

Some countries foreshadowed the possibility of the draft articles forming the basis of an international convention. The Russian Federation stated that it was “too soon” to raise the issue of developing a convention, but that States should take the draft articles into consideration in their practice. Israel called for flexible guidelines, while observing that the topic was “not suitable” for codification in a binding form. Viet Nam believed the draft articles could become a convention, which would however, require a thorough review by States beforehand.

Countries also noted the importance of proper management of transboundary aquifers, which are said to provide 65% of the earth’s drinking water. Japan highlighted the importance placed on ensuring the sustainability of water resources in the 2030 Agenda for Sustainable Development, and Venezuela urged countries to prioritize Sustainable Development Goal 6 (SDG 6) on water and sanitation.

The US reaffirmed its October 2013 position on the draft articles. A statement by the US mission to the Sixth Committee at the time did not support having a global convention, and had encouraged states to enter into bilateral or regional arrangements for managing transboundary aquifers.

The UN Educational, Scientific and Cultural Organization (UNESCO) provides scientific and technical assistance to countries on groundwater and transboundary aquifer management through its International Hydrological Programme (UNESCO-IHP). On 17 October, in a lead-up to the Sixth Committee discussion, UNESCO-IHP, the EU, and the Government of Slovakia jointly organized a seminar on ‘Groundwater Resources and the Law of Transboundary Aquifers.’ Speakers called for closer cooperation on transboundary aquifers, and for further scientific studies to be conducted. UNESCO reported that its 2015 inventory of groundwater resources had identified 592 transboundary aquifers around the world, and emphasized that technical cooperation will be necessary to support future agreements among countries on joint management of these resources. One of the seminar presenters, Gabriel Eckstein of the Texas A&M University School of Law, stated that the draft articles fill the gap in existing international regimes, and can serve as a framework for developing locally-specific agreements.

The UN General Assembly previously adopted Resolution 68/118 on the ‘Law of Transboundary Aquifers,’ which included the 19 draft articles in its annex.

On 25 October, the European Environment Agency (EEA) released a report presenting lessons learned on improving the state of local rivers and lakes through urban planning and design for environmentally resilient cities. The report, titled ‘Rivers and Lakes in European Cities: Past and Future Challenges,’ presents case studies from 17 cities, including Aarhus, Bucharest, Leipzig, Madrid, Oslo and Vienna. Waterway restoration in these and other cities have contributed to better flood control, water quality and recreational options, while the return of fish to some urban waterways has signaled improvements in water quality. [UN Summary of Sixth Committee Discussion] [UN Summary of Work on Law of Transboundary Aquifers] [US Mission to the UN, Web Page on October 2013 Statement] [UNESCO Press Release] [EEA Press Release] [Rivers and Lakes in European Cities: Past and Future Challenges] [Resolution 68/118 on the Law of Transboundary Aquifers]