International and domestic water law in Central Asia – implementing international law obligations regarding transboundary waters: the role of domestic water legislation

Stefano Burchi

Chairman, International Association for Water Law (AIDA), Italy

Email: stefano.burchi@gmail.com

April 25, 2018

Opinion Paper

Abstract

Domestic water laws are instrumental to the implementation of transboundary waters treaty obligations, notably those regarding the allocation of transboundary water resources for use by the States that are a party to the treaty or agreement, and those regarding the protection of transboundary water resources from pollution. The analysis of relevant obligations fatured in select transboundary waters agreements among Central Asia countries suggests that these countries must have in place, and implement, domestic water laws that regulate the abstraction and use of water resources from rivers and lakes, and the discharge of wastes in them, for relevant treaty obligations to be met effectively. Comparable conclusions can be drawn from the analysis of comparable obligations stemming from the Revised Protocol on Shared Water Resources in the Southern African Development Community (2000), and from the Tripartite Interim Agreement for Co-operation in the Protection and Sustainable Utilization of the Water Resources of the Incomati and Maputo Watercourses (Mozambique, South Africa, Swaziland, 2002).

How to cite: Burchi, S. (2018). International and domestic water law in Central Asia-implementing international law obligations regarding transboundary waters: the role of domestic water legislation. Central Asian Journal of Water Research, 4(2), 59–68. https://doi.org/10.29258/cajwr/2018-ri.v4-2/59-68.eng

References

Agreement between the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Tajikistan, Turkmenistan and the Republic of Uzbekistan on Cooperation in the Field of Joint Management on Utilization and Protection of Water Resources from Interstate Sources (Almaty Agreement), done in Almaty, 18 February 1992 (available at http://www.icwc-aral.uz/statute1.htm)

Agreement Between the Governments of the Republic of Kazakhstan, the Kyrgyz Republic, and the Republic of Uzbekistan on the Use of Water and Energy Resources of the Syr Darya Basin, done in Bishkek, 17 March 1998 (available at https://iea.uoregon.edu/treaty-text/4763)

Revised Protocol on Shared Water Resources in the Southern African Development Community (SADC), done in Windhoek, 7 August 2000 (available at https://www.internationalwaterlaw.org/documents/regionaldocs/Revised-SADC-SharedWatercourse-Protocol-2000.pdf)

Tripartite Interim Agreement between the Republic of Mozambique and the Republic of South Africa and the Kingdom of Swaziland for Co-operation in the Protection and Sustainable Utilization of the Water Resources of the Incomati and Maputo Watercourses, done in Johannesburg, 29 August 2002 (available at http://www.fao.org/faolex/results/details/en/c/LEX-FAOC034943/)

Agreement between Government of the Republic of Belarus, the Government of the Russian Federation, the Government of the Republic of Kazakhstan and the Government of the Republic of Tajikistan on the Main Principles of Interaction in the Field of Rational Use and Protection of the Transboundary Water Bodies (CIS Agreement), done in Moscow, 11 September 1998 (available at http://www.cawater-info.net/library/rus/moscow4.pdf )

UNESCO-IHP, Hydro-diplomacy, Legal and Institutional Aspects of Water Resources Governance – From the International to the Domestic Perspective”, Training Manual, Paris, 2016 http://unesdoc.unesco.org/images/0024/002452/245262e.pdf.