UN General Assembly Resolution 63 / 124"The law of transboundary aquifers“:Status and Recent DevelopmentsBeirut, Lebanon  ...
Outline• 2008 UN GA resolution on  "The law of transboundary aquifers“:     – 63 / 124 of 11 Dec 2008• SG Report to Sixth ...
09 Dec 2011:UN GA adopts follow-up resolutionUN General Assembly adopted on 09 Dec 2011draft resolution recommended by the...
11 December 2008   2008 UN GENERAL ASSEMBLY   RESOLUTION 63 / 124 ON   “THE LAW OF TRANSBOUNDARY AQUIFERS”01 February, 201...
11 Dec 2008:UN GA adopts resolution 63 / 124UN General Assembly adopted on 11 Dec 2008 resolution63 / 124 on “The law of t...
29 June 2011, 16 August 2011   2011 UN GA, SIXTH (LEGAL) COMMITTEE,   REPORT OF THE SECRETARY GENERAL:   COMMENTS AND OBSE...
29 Jun 2011 and 16 Aug 2011:UN GA Sixth Comm. A/66/116, A/66/116/Add.1UN General Assembly, Sixth (Legal) Committee publish...
29 Jun 2011 and 16 Aug 2011:UN GA Sixth Comm. A/66/116, A/66/116/Add.1Argentina, Brazil, Paraguay and Uruguay:• “5. (…) th...
29 Jun 2011 and 16 Aug 2011:UN GA Sixth Comm. A/66/116, A/66/116/Add.1El Salvador:• “44. (…) in line with the general prin...
29 Jun 2011 and 16 Aug 2011:UN GA Sixth Comm. A/66/116, A/66/116/Add.1Comments from Arab States & LAS 1/2:• Comments relat...
29 Jun 2011 and 16 Aug 2011:UN GA Sixth Comm. A/66/116, A/66/116/Add.1Comments from Arab States & LAS 2/2:• (…)• Draft art...
09 December 2011   2011 UN GENERAL ASSEMBLY   ADOPTS FOLLOW-UP   RESOLUTION A/66/47701 February, 2012     www.escwa.un.org...
09 Dec 2011:UN GA adopts resolution A/66/477 – 1/2The law of transboundary aquifers    The General Assembly,    Recalling ...
09 Dec 2011:UN GA adopts resolution A/66/477 – 2/2The law of transboundary aquifers    (…)    1. Further encourages the St...
‫ا‬                      ً‫شكر‬UN General Assembly Resolution 63 / 124"The law of transboundary aquifers“:Status and Recen...
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R. Klingbeil, 2011: UN General Assembly Resolution 63/124 - "The law of transboundary aquifers“: Status and Recent Developments

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Klingbeil, R., 2011. UN General Assembly Resolution 63/124 - "The law of transboundary aquifers“: Status and Recent Developments. Presentation at the Second Intergovernmental Consultative Meeting on the Draft Legal Framework for Shared Groundwater Resources in the Arab Region, 13-14 December 2011, Beirut, Lebanon.

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R. Klingbeil, 2011: UN General Assembly Resolution 63/124 - "The law of transboundary aquifers“: Status and Recent Developments

  1. 1. UN General Assembly Resolution 63 / 124"The law of transboundary aquifers“:Status and Recent DevelopmentsBeirut, Lebanon Ralf Klingbeil13-14 December 2011 Regional Advisor Environment & Water
  2. 2. Outline• 2008 UN GA resolution on "The law of transboundary aquifers“: – 63 / 124 of 11 Dec 2008• SG Report to Sixth (Legal) Committee of UN GA: Comments and observations of Governments on draft articles: – A/66/116 of 29 Jun 2011, A/66/116/Add.1 of 16 Aug 2011 – Overview of comments – Participation of Arab region in commenting• 2011 UN GA resolution for follow-up: – A/66/477 of 09 Dec 201101 February, 2012 www.escwa.un.org 2
  3. 3. 09 Dec 2011:UN GA adopts follow-up resolutionUN General Assembly adopted on 09 Dec 2011draft resolution recommended by the Sixth (Legal)Committee as follow-up to resolution 63 / 124Including, inter alia:• Taking note of the comments of Governments,• Further encourages States concerned to make appropriate bilateral or regional arrangements,• Decides to include in the provisional agenda of its sixty-eighth session the item entitled “The law of transboundary aquifers”, and• Continue to examine (…) question of the final form that might be given to the draft articles.01 February, 2012 www.escwa.un.org 3
  4. 4. 11 December 2008 2008 UN GENERAL ASSEMBLY RESOLUTION 63 / 124 ON “THE LAW OF TRANSBOUNDARY AQUIFERS”01 February, 2012 www.escwa.un.org 4
  5. 5. 11 Dec 2008:UN GA adopts resolution 63 / 124UN General Assembly adopted on 11 Dec 2008 resolution63 / 124 on “The law of transboundary aquifers”:• Noting that the subject of the law of TBAs is of major importance in the relations of States,• Taking note of the comments of Governments (…),• Takes note of the draft articles on the law of TBAs (…) annexed to (…) resolution, and commends them to the attention of Governments (…),• Encourages the States concerned to make appropriate bilateral or regional arrangements (…),• Decides to include in the provisional agenda of its sixty-sixth session an item entitled “The law of TBAs”, and  2011• (…) examining (…) question of the form that might be given to the draft articles.01 February, 2012 www.escwa.un.org 5
  6. 6. 29 June 2011, 16 August 2011 2011 UN GA, SIXTH (LEGAL) COMMITTEE, REPORT OF THE SECRETARY GENERAL: COMMENTS AND OBSERVATIONS RECEIVED FROM GOVERNMENTS01 February, 2012 www.escwa.un.org 6
  7. 7. 29 Jun 2011 and 16 Aug 2011:UN GA Sixth Comm. A/66/116, A/66/116/Add.1UN General Assembly, Sixth (Legal) Committee published“Report of the Secretary General - Comments and observationsreceived from Governments“ on the UN GA resolution63 / 124 on “The law of transboundary aquifers” -Overview of comments:• 25 comments from Governments, – 6 comments from Arab States (ALG, EGY, LEB, LIB, OMA, SAU)• 1 comment from League of Arab States (LAS),• Comments focused on the – Preamble, such as the “sovereignty” clause, with particular support from South America, – Individual articles, detailed technical suggestions and proposed changes to wording, demonstrating the complexity of groundwater and aquifers, – Final form of draft articles with suggestion to give more time to test draft as guidelines and non-legally binding resolution or declaration.01 February, 2012 www.escwa.un.org 7
  8. 8. 29 Jun 2011 and 16 Aug 2011:UN GA Sixth Comm. A/66/116, A/66/116/Add.1Argentina, Brazil, Paraguay and Uruguay:• “5. (…) the four countries had signed the Agreement on the Guaraní Aquifer (…) on 2 August 2010 (…) also signed a Joint Declaration, (…) reaffirmed the political will to make progress on such programmatic elements as were needed for the timely and effective implementation of the Agreement.”• “6. (…) important as a political and technical instrument, (…) strengthen cooperation and integration among States parties and expanded the scope of concerted action for the conservation and sustainable use of the transboundary water resources of the Guaraní aquifer system, located on their territories.”• “7. (…) took into consideration [GA] resolutions 1803 (XVII) on permanent sovereignty over natural resources and 63/124 on the law of transboundary aquifers and bore in mind the 1972 Stockholm Declaration on the Human Environment and the 1992 Rio Declaration on Environment and Development, represented an important contribution by the region, as it was the first international agreement on activities involving a transboundary aquifer..”01 February, 2012 www.escwa.un.org 8
  9. 9. 29 Jun 2011 and 16 Aug 2011:UN GA Sixth Comm. A/66/116, A/66/116/Add.1El Salvador:• “44. (…) in line with the general principles recognized under international environmental law, thus forming a coherent part of the existing legal corpus, which was intended to be conducive to sustainable development, access to shared natural resources, respect for the principles of precaution and prevention, and harmonious balance between sovereignty and responsibility, a notion applicable to international law in general.”• “45. With regard to environmental protection, (…) that notion encompassed all the measures aimed at maximizing the long-term benefits of using aquifers, while protecting and preserving them.”• “46. (…) advisory opinion of the International Court of Justice (…) the existence of the general obligation of States to ensure that activities within their jurisdiction and control respected the environment of other States or of areas beyond national control was now part of the corpus of international law relating to the environment.”01 February, 2012 www.escwa.un.org 9
  10. 10. 29 Jun 2011 and 16 Aug 2011:UN GA Sixth Comm. A/66/116, A/66/116/Add.1Comments from Arab States & LAS 1/2:• Comments related to future legal form of draft articles, raising doubts about potential for stand alone UN convention on TBAs,• Overlap with UN 1997 “Convention on the Law of Non- Navigational Uses of International Water Courses”, esp. related to “discharge zone”,• Concept of sovereignty over aquifers contradicting the concept of participation in UN 1997 convention,• Proposal for inclusion of reference to UN 1997 convention in preamble of the Law of TBAs,• Need for more knowledge on actual extend and characteristics of TBAs with regard to their respective Aquifer states,• (…)01 February, 2012 www.escwa.un.org 10
  11. 11. 29 Jun 2011 and 16 Aug 2011:UN GA Sixth Comm. A/66/116, A/66/116/Add.1Comments from Arab States & LAS 2/2:• (…)• Draft articles not sufficiently addressing non-renewable aquifers,• Missing focus on groundwater quality and minimum flows for the environment,• Lease or sale of rights to use groundwater of TBAs,• Areas of recharge / discharge zones and inclusion of these areas in the definition of Aquifer states,• General recurrent problems with Arabic translations.01 February, 2012 www.escwa.un.org 11
  12. 12. 09 December 2011 2011 UN GENERAL ASSEMBLY ADOPTS FOLLOW-UP RESOLUTION A/66/47701 February, 2012 www.escwa.un.org 12
  13. 13. 09 Dec 2011:UN GA adopts resolution A/66/477 – 1/2The law of transboundary aquifers The General Assembly, Recalling its resolution 63/124 of 11 December 2008, in which ittook note of the draft articles on the law of transboundary aquifersformulated by the International Law Commission, Noting the major importance of the subject of the law oftransboundary aquifers in the relations of States and the need forreasonable and proper management of transboundary aquifers, a vitallyimportant natural resource, through international cooperation, Emphasizing the continuing importance of the codification andprogressive development of international law, as referred to in Article13, paragraph 1 (a), of the Charter of the United Nations, Taking note of the comments of Governments and the discussionsin the Sixth Committee at its sixty-third and sixty-sixth sessions on thistopic,1 (…)01 February, 2012 www.escwa.un.org 13
  14. 14. 09 Dec 2011:UN GA adopts resolution A/66/477 – 2/2The law of transboundary aquifers (…) 1. Further encourages the States concerned to make appropriatebilateral or regional arrangements for the proper management of theirtransboundary aquifers, taking into account the provisions of the draftarticles annexed to its resolution 63/124; 2. Encourages the International Hydrological Programme of theUnited Nations Educational, Scientific and Cultural Organization,whose contribution was noted in resolution 63/124, to offer furtherscientific and technical assistance to the States concerned; 3. Decides to include in the provisional agenda of its sixty-eighthsession the item entitled “The law of transboundary aquifers” and, inthe light of written comments of Governments, as well as views  2013expressed in the debates of the Sixth Committee held at its sixty-thirdand sixty-sixth sessions, to continue to examine, inter alia, the questionof the final form that might be given to the draft articles.01 February, 2012 www.escwa.un.org 14
  15. 15. ‫ا‬ ً‫شكر‬UN General Assembly Resolution 63 / 124"The law of transboundary aquifers“:Status and Recent DevelopmentsBeirut, Lebanon Ralf Klingbeil13-14 December 2011 Regional Advisor Environment & Water

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