The UN General Assembly has adopted several resolutions on the law of transboundary aquifers: - Resolution 63/124 in 2008 took note of draft articles on this topic and encouraged cooperation. - In 2011, the Secretary General reported comments from governments on the draft articles, including from several Arab states. - Resolution A/66/477 in 2011 further encouraged cooperation, continued examination of the draft articles, and added this topic to the 68th session agenda.

1. UN General Assembly Resolution 63 / 124
"The law of transboundary aquifers“:
Status and Recent Developments
Beirut, Lebanon Ralf Klingbeil
13-14 December 2011 Regional Advisor Environment & Water

2. Outline
• 2008 UN GA resolution on
"The law of transboundary aquifers“:
– 63 / 124 of 11 Dec 2008
• SG Report to Sixth (Legal) Committee of UN GA:
Comments and observations of Governments on
draft articles:
– A/66/116 of 29 Jun 2011, A/66/116/Add.1 of 16 Aug 2011
– Overview of comments
– Participation of Arab region in commenting
• 2011 UN GA resolution for follow-up:
– A/66/477 of 09 Dec 2011
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3. 09 Dec 2011:
UN GA adopts follow-up resolution
UN General Assembly adopted on 09 Dec 2011
draft resolution recommended by the Sixth (Legal)
Committee as follow-up to resolution 63 / 124
Including, inter alia:
• Taking note of the comments of Governments,
• Further encourages States concerned to make
appropriate bilateral or regional arrangements,
• Decides to include in the provisional agenda of
its sixty-eighth session the item entitled
“The law of transboundary aquifers”, and
• Continue to examine (…) question of the final
form that might be given to the draft articles.
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4. 11 December 2008
2008 UN GENERAL ASSEMBLY
RESOLUTION 63 / 124 ON
“THE LAW OF TRANSBOUNDARY AQUIFERS”
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5. 11 Dec 2008:
UN GA adopts resolution 63 / 124
UN General Assembly adopted on 11 Dec 2008 resolution
63 / 124 on “The law of transboundary aquifers”:
• Noting that the subject of the law of TBAs is of major
importance in the relations of States,
• Taking note of the comments of Governments (…),
• Takes note of the draft articles on the law of TBAs (…)
annexed to (…) resolution, and commends them to the
attention of Governments (…),
• Encourages the States concerned to make appropriate
bilateral or regional arrangements (…),
• Decides to include in the provisional agenda of its sixty-sixth
session an item entitled “The law of TBAs”, and  2011
• (…) examining (…) question of the form that might be given to
the draft articles.
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6. 29 June 2011, 16 August 2011
2011 UN GA, SIXTH (LEGAL) COMMITTEE,
REPORT OF THE SECRETARY GENERAL:
COMMENTS AND OBSERVATIONS
RECEIVED FROM GOVERNMENTS
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7. 29 Jun 2011 and 16 Aug 2011:
UN GA Sixth Comm. A/66/116, A/66/116/Add.1
UN General Assembly, Sixth (Legal) Committee published
“Report of the Secretary General - Comments and observations
received from Governments“ on the UN GA resolution
63 / 124 on “The law of transboundary aquifers” -
Overview of comments:
• 25 comments from Governments,
– 6 comments from Arab States (ALG, EGY, LEB, LIB, OMA, SAU)
• 1 comment from League of Arab States (LAS),
• Comments focused on the
– Preamble, such as the “sovereignty” clause, with particular support from
South America,
– Individual articles, detailed technical suggestions and proposed changes
to wording, demonstrating the complexity of groundwater and aquifers,
– Final form of draft articles with suggestion to give more time to test draft
as guidelines and non-legally binding resolution or declaration.
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8. 29 Jun 2011 and 16 Aug 2011:
UN GA Sixth Comm. A/66/116, A/66/116/Add.1
Argentina, Brazil, Paraguay and Uruguay:
• “5. (…) the four countries had signed the Agreement on the Guaraní
Aquifer (…) on 2 August 2010 (…) also signed a Joint Declaration, (…)
reaffirmed the political will to make progress on such programmatic
elements as were needed for the timely and effective implementation of
the Agreement.”
• “6. (…) important as a political and technical instrument, (…) strengthen
cooperation and integration among States parties and expanded the
scope of concerted action for the conservation and sustainable use of
the transboundary water resources of the Guaraní aquifer system,
located on their territories.”
• “7. (…) took into consideration [GA] resolutions 1803 (XVII) on
permanent sovereignty over natural resources and 63/124 on the law of
transboundary aquifers and bore in mind the 1972 Stockholm
Declaration on the Human Environment and the 1992 Rio Declaration on
Environment and Development, represented an important contribution
by the region, as it was the first international agreement on activities
involving a transboundary aquifer..”
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9. 29 Jun 2011 and 16 Aug 2011:
UN GA Sixth Comm. A/66/116, A/66/116/Add.1
El Salvador:
• “44. (…) in line with the general principles recognized under
international environmental law, thus forming a coherent part of the
existing legal corpus, which was intended to be conducive to
sustainable development, access to shared natural resources,
respect for the principles of precaution and prevention, and
harmonious balance between sovereignty and responsibility, a notion
applicable to international law in general.”
• “45. With regard to environmental protection, (…) that notion
encompassed all the measures aimed at maximizing the long-term
benefits of using aquifers, while protecting and preserving them.”
• “46. (…) advisory opinion of the International Court of Justice (…) the
existence of the general obligation of States to ensure that activities
within their jurisdiction and control respected the environment of
other States or of areas beyond national control was now part of the
corpus of international law relating to the environment.”
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10. 29 Jun 2011 and 16 Aug 2011:
UN GA Sixth Comm. A/66/116, A/66/116/Add.1
Comments from Arab States & LAS 1/2:
• Comments related to future legal form of draft articles, raising
doubts about potential for stand alone UN convention on
TBAs,
• Overlap with UN 1997 “Convention on the Law of Non-
Navigational Uses of International Water Courses”, esp.
related to “discharge zone”,
• Concept of sovereignty over aquifers contradicting the
concept of participation in UN 1997 convention,
• Proposal for inclusion of reference to UN 1997 convention in
preamble of the Law of TBAs,
• Need for more knowledge on actual extend and characteristics
of TBAs with regard to their respective Aquifer states,
• (…)
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11. 29 Jun 2011 and 16 Aug 2011:
UN GA Sixth Comm. A/66/116, A/66/116/Add.1
Comments from Arab States & LAS 2/2:
• (…)
• Draft articles not sufficiently addressing non-renewable
aquifers,
• Missing focus on groundwater quality and minimum flows for
the environment,
• Lease or sale of rights to use groundwater of TBAs,
• Areas of recharge / discharge zones and inclusion of these
areas in the definition of Aquifer states,
• General recurrent problems with Arabic translations.
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12. 09 December 2011
2011 UN GENERAL ASSEMBLY
ADOPTS FOLLOW-UP
RESOLUTION A/66/477
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13. 09 Dec 2011:
UN GA adopts resolution A/66/477 – 1/2
The law of transboundary aquifers
The General Assembly,
Recalling its resolution 63/124 of 11 December 2008, in which it
took note of the draft articles on the law of transboundary aquifers
formulated by the International Law Commission,
Noting the major importance of the subject of the law of
transboundary aquifers in the relations of States and the need for
reasonable and proper management of transboundary aquifers, a vitally
important natural resource, through international cooperation,
Emphasizing the continuing importance of the codification and
progressive development of international law, as referred to in Article
13, paragraph 1 (a), of the Charter of the United Nations,
Taking note of the comments of Governments and the discussions
in the Sixth Committee at its sixty-third and sixty-sixth sessions on this
topic,1
(…)
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14. 09 Dec 2011:
UN GA adopts resolution A/66/477 – 2/2
The law of transboundary aquifers
(…)
1. Further encourages the States concerned to make appropriate
bilateral or regional arrangements for the proper management of their
transboundary aquifers, taking into account the provisions of the draft
articles annexed to its resolution 63/124;
2. Encourages the International Hydrological Programme of the
United Nations Educational, Scientific and Cultural Organization,
whose contribution was noted in resolution 63/124, to offer further
scientific and technical assistance to the States concerned;
3. Decides to include in the provisional agenda of its sixty-eighth
session the item entitled “The law of transboundary aquifers” and, in
the light of written comments of Governments, as well as views  2013
expressed in the debates of the Sixth Committee held at its sixty-third
and sixty-sixth sessions, to continue to examine, inter alia, the question
of the final form that might be given to the draft articles.
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15. ‫ا‬
ً‫شكر‬
UN General Assembly Resolution 63 / 124
"The law of transboundary aquifers“:
Status and Recent Developments
Beirut, Lebanon Ralf Klingbeil
13-14 December 2011 Regional Advisor Environment & Water