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A review of the evolution and state of transboundary freshwater treaties

Author

Listed:
  • Mark Giordano
  • Alena Drieschova
  • James Duncan
  • Yoshiko Sayama
  • Lucia De Stefano
  • Aaron Wolf

Abstract

Internationally shared basins supply 60 % of global freshwater supply, are home to about 1/3 of the world’s population, and are focal points for interstate conflict and, as importantly, cooperation. To manage these waters, states have developed a large set of formal treaties, but until now these treaties have been difficult to access and systematically assess. This paper presents and makes publicly available the assembly and organization of the largest known collection of transboundary water agreements in existence. We apply for the first time a “lineage” concept to differentiate between independent agreements and groups of legally related texts, spatially reference the texts to a global basin database, and identify agreement purposes, goals and a variety of content areas. The 688 agreements identified were signed between 1820 and 2007 and constitute 250 independent treaties which apply to 113 basins. While the scope and content varies widely, these treaties nominally govern almost 70 % of the world’s transboundary basin area. In terms of content, treaties have shifted from an earlier focus on regulation and development of water resources to the management of resources and the setting of frameworks for that management. While “traditional” issues such as hydropower, water allocation and irrigation are still important, the environment is now the most commonly mentioned issue in treaty texts. Treaties are also increasingly likely to include data and information sharing provisions, have conflict resolution mechanisms, and include mechanisms for participation beyond traditional nation-state actors. Generalizing, treaties have become more comprehensive over time, both in the issues they address and the tools they use to manage those issues cooperatively. Copyright Springer Science+Business Media Dordrecht 2014

Suggested Citation

  • Mark Giordano & Alena Drieschova & James Duncan & Yoshiko Sayama & Lucia De Stefano & Aaron Wolf, 2014. "A review of the evolution and state of transboundary freshwater treaties," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 14(3), pages 245-264, September.
  • Handle: RePEc:spr:ieaple:v:14:y:2014:i:3:p:245-264
    DOI: 10.1007/s10784-013-9211-8
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    References listed on IDEAS

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    1. Andrea Gerlak & Jonathan Lautze & Mark Giordano, 2011. "Water resources data and information exchange in transboundary water treaties," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 11(2), pages 179-199, May.
    2. Joseph W. Dellapenna, 2001. "The customary international law of transboundary fresh waters," International Journal of Global Environmental Issues, Inderscience Enterprises Ltd, vol. 1(3/4), pages 264-305.
    3. Lucia De Stefano & James Duncan & Shlomi Dinar & Kerstin Stahl & Kenneth M Strzepek & Aaron T Wolf, 2012. "Climate change and the institutional resilience of international river basins," Journal of Peace Research, Peace Research Institute Oslo, vol. 49(1), pages 193-209, January.
    4. Itay Fischhendler, 2008. "When Ambiguity in Treaty Design Becomes Destructive: A Study of Transboundary Water," Global Environmental Politics, MIT Press, vol. 8(1), pages 111-136, February.
    5. Allan, Tony, 1999. "Productive efficiency and allocative efficiency: why better water management may not solve the problem," Agricultural Water Management, Elsevier, vol. 40(1), pages 71-75, March.
    6. Anonymous, 1969. "I. United Nations," International Organization, Cambridge University Press, vol. 23(4), pages 971-989, October.
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    3. Ansink, Erik & Houba, Harold, 2016. "Sustainable agreements on stochastic river flow," Resource and Energy Economics, Elsevier, vol. 44(C), pages 92-117.
    4. Mariana Rivera-Torres & Andrea K. Gerlak, 2021. "Evolving together: transboundary water governance in the Colorado River Basin," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 21(4), pages 553-574, December.
    5. Bunyod Holmatov & Jonathan Lautze & Jusipbek Kazbekov, 2016. "Tributary-level transboundary water law in the Syr Darya: overlooked stories of practical water cooperation," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 16(6), pages 873-907, December.
    6. Charlotte De Bruyne & Itay Fischhendler & Yoram Z. Haftel, 2020. "Design and change in transboundary freshwater agreements," Climatic Change, Springer, vol. 162(2), pages 321-341, September.
    7. Naho Mirumachi & Margot Hurlbert, 2022. "Reflecting on twenty years of international agreements concerning water governance: insights and key learning," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 22(2), pages 317-332, June.
    8. Llamosas, Cecilia & Sovacool, Benjamin K., 2021. "The future of hydropower? A systematic review of the drivers, benefits and governance dynamics of transboundary dams," Renewable and Sustainable Energy Reviews, Elsevier, vol. 137(C).
    9. Yue Zhao & Xuefei Xiong & Sicheng Wu & Kaixaing Zhang, 2022. "Protection of prior and late developers of transboundary water resources in international treaty practices: a review of 416 international water agreements," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 22(1), pages 201-228, March.
    10. Mark Giordano & Diana Suhardiman & Jacob Peterson-Perlman, 2016. "Do hydrologic rigor and technological advance tell us more or less about transboundary water management?," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 16(6), pages 815-831, December.

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