Managing Buried Treasure Across Frontiers: The International Law of Transboundary Aquifers

Abstract

In recent years, trans-boundary aquifers have received growing attention in numerous policy-making and negotiating circles. This development suggests an evolution in customary international law for trans-boundary aquifers. This article examines recent international arrangements and pronouncements related to the assessment, use, allocation and protection of trans-boundary groundwater resources and identifies the legal trends emerging from these instruments. The article also considers gaps and shortcomings in the emerging regulatory regime and offers recommendations for the further development of the law.

Keywords: international water law, groundwater, international groundwater law, transboundary aquifers, water dispute

JEL Classification: K32, K33, Q25