International Water Law and Disputes: A Comprehensive Analysis

This report delves into the complex realm of international water disputes, examining the concept of international water jurisdiction and the laws governing it. It defines international waters, also known as trans-boundary waters, and explores the doctrine of Mare liberum. The report highlights key conventions and treaties, including the 1958 convention and the United Nations Convention on the Law of the Sea (UNCLOS), which established the Exclusive Economic Zone. It discusses the importance of managing trans-boundary waters to prevent social unrest and promote sustainable development. The report also addresses opportunities and challenges associated with international water management, including cooperation, climate change impacts, and ecosystem services. It then explains the laws applicable to international waters, focusing on territorial waters and exclusive economic zones. Finally, it identifies major unresolved water disputes, such as those in the Arctic Ocean, Southern Ocean, Okinotorishima, and South China Sea, emphasizing the need for resolution to enhance international trade and cooperation.

Introduction
The term international water has been 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 over
flight, 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 cover more than two third 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 the baseline.
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 the
water bodies in order to avoid the social unrest. In order to deal with the impacts of climate
change as well as the increasing demand due to 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
protecting the 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 vulnerable
to the impact of the climate change. Cooperation is also necessary in 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 the sustainability as well as 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 the trans-
boundary water effectively and efficiently. The management of trans-boundary water creates
advantages for every individual in the following ways, adaption of climate change, regional
integration, improvement in governance, economic growth, international trade, as well as food
security.
Laws apply in International Water
In 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 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 the exclusive

economic zone. The country has full right to access all the resources below the surface of the
ocean within this territory including oil drilling, fishing, etc.
Dispute over International Waters
There are several disputes over international water. International water dispute occurred due to
the enhancement of trade globally. As the trade between countries started expanding and more
and more countries started participating in international trade, the need for waterways emerged.
Waterway is one of the most used transportation modes for trading goods from one country to
another country. Thus, in order to enhance the trade volume, every country which can use or
have access to water bodies engage in the trade using the water bodies. If the country enters into
the jurisdiction of another country, the second country can oppose the first country which results
in water dispute. The following are the major unresolved water disputes;
The Arctic Ocean: most of the countries such as Denmark, Norway, Canada, as well as Russia
consider some parts of Arctic Ocean as their internal waters or national waters. On the other
hand, United States as well as more of the European countries considers the whole region of the
Arctic Ocean as the international waters.
The Southern Ocean: in the Southern Ocean, an exclusive economic zone is claimed by Australia
but only four other countries recognize the claim of exclusive economic zone of the Australia
and hence it is also one the major international water dispute.
Okinotorishima: Japan claims that Okinotorishima as its exclusive economic zone as well as an
islet. On the other hand, some other neighboring countries claim that it should not be exclusive
economic zone. Thus, it also has created a major international water dispute. Apart from this,
there are several other international water disputes such as South China Sea.