Ralf Klingbeil
Regional Advisor
Environment & Water
Transboundary Water and Transboundary
Aquifers in the Middle East:
Opportunities for Sharing a
Precious Resource
World Water Week
Stockholm, 20 August 2009

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Purpose
• Why are we working on TBW & TBA issues?
• Guidance and assistance to ESCWA MCs in
shared / transboundary water / aquifer
cooperation with other MCs or Non MCs
• Helping in finding own / individual cooperation
mechanisms
• What would our MCs want us to do for them?

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Outline
• Transboundary water and aquifers in ESCWA
region
• Water-related agreements and their relevance
for ESCWA region
• Principles of transboundary cooperation
• Examples of transboundary investigations
• IWRM and transboundary cooperation
• Future of 2008 UNGA Resolution (“UNTBA”)
• ESCWA services, contacts

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TB Water & Aquifers in Middle East

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TBW Agreements 1/4
• 1992 UN ECE Water Convention, and
2003 Amendment
• Why potentially relevant to UN ESCWA MCs?
– The convention addresses surface as well as
groundwater, more detailed than UN 1997 Convention
– After ratification of 34 Parties the convention entered
into force on 06/10/1996 and is thus binding to all
Parties, though not yet all ECE MCs
– Its proposed amendment would open the convention
for accession by Non ECE MCs
– Interesting for ESCWA MCs sharing water with ECE:
EGY, IRQ, JOR, LBN, PAL/oPt, SYR

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TBW Agreements 2/4
• 1997 UN Non-navigational Use Convention
(UN Watercourse Convention)
• Why potentially relevant to UN ESCWA MCs?
– Global TBW treaty, unfortunately not yet entered into
force due to missing ratifications (only 17/35)
– Does not include all GW, nor does it provide sufficient
GW-specific guidance
– Ratified by 5/14 UN ESCWA MCs:
IRQ, JOR, LBN, QAT, SYR
(PAL announced will to ratify, YEM signed, not ratified)
– Due to absence of perennial transboundary surface
water in large parts of the region, maybe not as
relevant as an agreement that fully addresses and
includes groundwater/aquifers as well

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TBW Agreements 3/4
• 2000 EU Water Framework Directive (2000/60/EC),
2006 Groundwater Directive (2006/118/EC)
• Why potentially relevant to UN ESCWA MCs?
– WFD and GWDD addresses surface as well as
groundwater, with a detailed focus on water quality
improvements
– Binding for EU MCs, also at the margins of EU
– Need for compliance for all potential EU candidate
countries
– ESCWA MCs cannot join if not EU candidate country
– Interesting for ESCWA MCs sharing water with EU MCs
or potential EU candidate countries:
IRQ, LBN, SYR

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TBW Agreements 4/4
• 2008 UNGA Resolution on the Law of TBAs
(“UNTBA”), inc. UN ILC comments 08/05/08
• Why potentially relevant to UN ESCWA MCs?
– Guidance for individual TBA cooperation between
neighbouring countries
– Detailed definition of groundwater/aquifer terms and
issues to be considered when considering to develop
agreements with neighbouring countries
– 2007/2008 Comments by 2/14 UN ESCWA MCs:
IRQ, SAU (plus comments by AWC)
– Separate individual TBA agreements are less likely
since only few TBAs are disconnected from TB
surface water

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Principles of TB Cooperation
1. (Limited) Sovereignty of Riparian / Aquifer States
2. Equitable and Reasonable Utilisation
3. Obligation not to Cause Significant Harm
4. General Obligation to Cooperate
 Regular Exchange of Data and Information
 Bilateral and Regional Agreements & Arrangements
5. Environmental Protection
 Protection and Preservation of Ecosystems
 Prevention, Reduction and Control of Pollution
6. Monitoring and Management

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ISR-PAL Western Aquifer 1/5
Hydrogeological Cross-section
from: M Zeitoun, C Messerschmid, S Attili, 2009, Groundwater.

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ISR-PAL Western Aquifer 2/5
Historical Use: Surface and Groundwater
from: M Zeitoun, C Messerschmid, S Attili, 2009, Groundwater.

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ISR-PAL Western Aquifer 3/5
Historical Use: Different Sectors, Parties
from: M Zeitoun, C Messerschmid, S Attili, 2009, Groundwater.

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ISR-PAL Western Aquifer 4/5
Historical Use: One Party’s GW Abstraction
from: M Zeitoun, C Messerschmid, S Attili, 2009, Groundwater.

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ISR-PAL Western Aquifer 5/5
Groundwater Development Costs
from: AM MacDonald et al., 2009, Hydrogeology Journal.

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• Sustainability
– social, economy,
environment
• Cooperation & Participation
– local, regional, national,
basin-wide
– water using sectors
– information exchange
• Basin approach
– which basin?
• Water resources
– knowledge, assessments
• Enabling environment
• Water allocation
– informed decision making
IWRM and TB cooperation
• Limited Sovereignty
• Equitable and
Reasonable
Utilisation
• Obligation not
to Cause
Significant Harm
• General Obligation to
Cooperate
• Environmental
Protection
• Monitoring and
Management

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EGM IWRM Principles in SWR
• ESCWA Expert Group Meeting
– Applying IWRM Principles in
Managing Shared Water Resources
Towards a Regional Vision
– Beirut, 01-03 December 2009
– by invitation only
• Focus:
– Promoting cooperation, ensuring participation and identifying
mutual interest in order to enhance the management of shared
water resources
– Ensuring equitable, reasonable and sustainable beneficial use
– Identifying appropriate mechanisms for conflict prevention and
resolution

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Future of UNGA Resolution
• What kind of legal instrument shall it take?
• What kind of legal instrument is the most practical for
countries to develop their own individual adapted
agreements?
• The current form already offers guidance for individual
agreements - for those willing to cooperate.
• ESCWA will continue to support its MCs in developing a
regional vision for the cooperation on TBW & TBAs
– Requests from the MCs
– ESCWA Ministerial Council Resolutions
– Meetings of the Committee on Water Resources

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ESCWA Services
• Water Resources Section:
– Cooperation through CWR and activities of work plan
– SWR assessments, guidance
– Development of negotiation skills & dispute resolution
• Regional Advisor Environment & Water:
– Responding to specific requests from MCs
• … with individual MCs, between MCs, between MCs and
Non-MCs
– Provide forums for transboundary exchange
– Offer recommendations for building / enhancing bilateral /
multilateral cooperation
– Provide expert assessments of TBW situations
– Assistance for development of individual agreements
– Mediation / arbitration between countries/parties, if requested

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ESCWA contacts
• Sustainable Development & Productivity Division
– SDPD
Chief/SDPD Ms. Anhar Hegazi
– Water Resources Section - WRS
Chief/WRS Ms. Carol Chouchani Cherfane
chouchanicherfane@un.org
– Regional Advisor Environment & Water
Ralf Klingbeil
klingbeil@un.org

Ralf Klingbeil
Regional Advisor
Environment & Water
Transboundary Water and Transboundary
Aquifers in the Middle East:
Opportunities for Sharing a
Precious Resource
www.escwa.org.lb