REPORT
TRANS-BOUNDARY
WATER CO-OPERATION &
INTERNATIONAL WATER
LAW
By Tan Moi Kwan
W
ith the increasing demand for water
among countries sharing common
water basins, competition for water use
is getting more intense as populations expand
along with greater land use among the riparian
countries. It was reported in UN WATER that
over the last 50 years, there have been 37 acute
disputes involving violence over water disputes
and 150 treaties signed. The UN believes that
water disputes should be handled diplomatically.
The Mekong River is a good example where
water sharing (between Cambodia, Laos, Thailand
and Vietnam) is being managed cordially under the
Mekong River Commission. The UNDP report 2006
provided the breakdown of sectorial distribution
of 145 agreements on trans-boundary water
resources in relation to:
a. hydropower(39%)
b. water utilization (37%)
c. flood control (9%)
d. industrial allocation (6%)
e. navigation (4%)
f. pollution (4%) and
g. fishing (1%).
Geographically, a total of 145 countries have
their territories within international basins and
21 countries lie entirely with international basins.
Treaties on trans-boundary water management
require close co-operation among the riparian
countries sharing a common river basin. History
of water treaties can be traced back thousands
of years where disputes among countries were
settled through agreements. One quoted example
was the water dispute between neighbouring
nations along the Tigris River that was settled
through some form of agreement few thousand
years ago.
There are some questions related to the force
of law on these treaties but many of them serve
their purpose well. Some of the main treaties and
doctrines of interest used among the riparian
countries are listed below for reference.
The Doctrine of Absolute Integrity
A state may not alter the natural flow of waters
passing through its territory in any manner which
will affect the water in another state.
Doctrine of Limited Territorial Sovereignty
Conforms to the general legal obligation to use
one’s property in a manner which will not cause
injury to others.
61