The International Law Commission’s Draft Articles on Transboundary Aquifers: Striking the Appropriate Balance Between Sovereignty and International Cooperation

• Michael Greenop
• 1.19.2022

Exploring international cooperation in the context of shared natural resources, Michael Greenop has contributed an article in the latest edition of the Cambridge International Law Journal (2021, Volume 10(2), Edward Elgar) addressing the theme of “National Sovereignty and International Cooperation: The Challenges of Navigating Global Crises”. Mr. Greenop’s contribution seeks to address a pressing contemporary issue at the supranational level, shedding light on the approach by States towards international cooperation in relation to shared natural water resources.

Mr. Greenop’s article takes a comprehensive approach to the international law on transboundary aquifers and examines how this law has developed to strike a fine balance between territorial sovereignty and international cooperation.  Mr. Greenop provides a detailed analysis of theories of shared natural resources and the legal development of transboundary aquifers, considering recent trends in relation to freshwater resources as well as other shared natural resources in international instruments and cases. His article also examines the various substantive rules to protect and preserve transboundary aquifers which are guided by the general duty of cooperation enshrined in the Draft Articles. These substantive rules include the principle of equitable and reasonable use, the obligation to prevent the causing of significant harm to other aquifer States, and the exchange of data and information and monitoring. It concludes that the 2008 Draft Articles on Transboundary Aquifers demonstrate the balance between the theory of limited sovereignty and the notion of community interests on shared natural resources.