International Water Jurisdiction: Laws, Disputes, and Management
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Added on 2019-10-18
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Understand the concept of international water jurisdiction, trans-boundary waters, laws, and disputes. Learn about the management of high seas and UNCLOS. Read more on Desklib.
International Water Jurisdiction: Laws, Disputes, and Management
Added on 2019-10-18
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International Water Jurisdiction Introduction to International Waters The term international water has remained one of the most debatable topics internationally. There are several countries which share water bodies in their boundaries. Therefore, there is also water dispute among various nations. So, it is important to understand the concept of international water jurisdiction and laws apply to it in order to resolve the dispute. The term of international waters is also known as trans-boundary waters. This term applies if any of the following water bodies such as ocean, rivers, wetlands, groundwater system, regional seas (enclosed or semi-enclosed) as well as estuaries, and large marine ecosystem transcend international boundaries. International water or trans-water boundary does not belong to the jurisdictions of any of the countries or nations. Under the doctrine of Mare liberum, the nations have the right to overflight,navigate, fishing, scientific research as well as lying pipeline and cables. Seas, oceans, rivers, as well as waters outside the jurisdictions of a country, are referred to as mare liberum or high seas.The term mare liberum means free sea. The first convention on international waters or high sea was signed in 1958. This convention had 63 signatories. This convention defined the high sea to mean the entire parts of the sea which are not added or included in the internal waters or territorial sea of the nation. No state can purport validly at the defined high sea to subject any part of them to its sovereignty. It has been analyzed that the total area of high seas makes up to 50% of the total surface area of the earth. It also covers more than two-thirds of the ocean. The convention signed in the year 1958 was used for the foundation of the United Nations Convention on the Law of the Sea. The
United Nation Convention on the Law of the Sea was signed in 1982 with the help of which Exclusive Economic Zone was recognized which was extending over 200 nautical miles from thebaseline. Trans-boundary Waters The river basin, lake, or aquifers which are shared by two or more than two nations called trans-boundary waters. Trans-boundary waters support the livelihoods and lives of millions of people all around the globe. There is increasing water stress all over the globe and hence it has become very important to manage this critical resource in order to promote sustainable growth and development. All the countries sharing a water body should cooperate and collaborate with each other and must promote sustainable development as well as peaceful cooperation. It will help in managing one of the most critical resources of this world. If the trans-boundary water supply will be degraded or depleted, it may cause several social unrests. It may also spark conflict between the countries. Therefore, there is a need to protect water bodies in order to avoid social unrest. In order to deal with the impacts of climate change as well as the increasing demand due to the increasing population, there is a need of integrated approach as well as supranational to the international waters resource management on the basis of institutional as well as legal frameworks and shared cost and benefits. It will help in protectingthe trans-boundary from depletion as well as degradation. Opportunities and challenges There are more than 263 trans-boundary river basins and lakes which cover almost half of the surface of the earth. Apart from this, there are more than 145 states which have territory in these basins. There are 30 countries which entirely lie within them. There are around 300 water bodies
which serve more than two billion people all over the globe who are highly dependent on groundwater. Therefore, cooperation is necessary particularly in those areas which are vulnerableto the impact of climate change. Cooperation is also necessary for such areas where water is scarce. The floodplains, as well as the wetlands around the lakes which connect boundaries of the countries, help in providing necessary ecosystem services to the population residing there. The following ecosystem services are provided such as natural processing of pollution, food provision, as well as barriers against flooding. If overexploitation of these lakes, aquifers, and rivers will be done, it will jeopardize the ecosystem services. It will also have terrible consequences for sustainability as well as the reliability of the water supplies. It may lead to tension between the countries if the impact of overexploitation of the water bodies is felt more keenly on the other side of the border. Saltwater intrusion can be allowed by the depleted aquifers in the coastal areas and hence it will increase the arsenic as well as fluoride concentration including other toxic substances. Therefore, there is a need to manage trans-boundary water effectively and efficiently. The management of trans-boundary water creates advantages for every individual in the following ways, the adaption of climate change, regional integration, improvement in governance, economic growth, international trade, as well as food security. Laws apply in International WaterIn order to understand the basic grasp of the laws related to international water, it is important to know and understand about the coastline. Understanding coastline will help in understanding territorial waters. The territorial water of a country is extended up to 12 nautical miles from the coastline of the country. The sovereign country has the full right within these borders to all things both below as well as at the surface of the water. In addition to this, there is an exclusive
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