Can we do it with 1997 UN Watercourses Convention
Dursun YILDIZ CE
Hydropolitics Expert
The UN's 1997 International Watercourses Convention
The United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses was adopted by a vote of 103 for and 3 against, with 27 abstentions in the 185-member the United Nations General Assembly on May 21, 1997
For the 1997 Convention to enter into force, 35 countries were required to approve. This period took 17 years and ratification of the convention by 35 countries was completed a few months ago. The convention gained validity internationally as of August 17, 2014.
Turkey voted against this convention along with China and Burundi, and previously had declared that it would not be bound by that decision and would not sign and ratify when it was opened for signature.
It took 44 Years
The convention entered into force internationally on August 17, 2014 have been approved by only 35 countries out of more than 190 countries in the world. Among these countries, there exist no countries in the Americas. Efforts that began in 1970 for the emergence of the 1997 UN Convention yielded results as late as in 1997.
It took 17 years to be approved by 35 countries after the adoption of the Convention by the UN in 1997. Time period for the countries to create an outline on the subject and to be convinced for the implementation of this took 44 years. This convention was carved out with systematic thinking of international relations of the 20th century, but was able to enter into force in the new geopolitics and world order of the 21st century. Therefore, it will not be easy for the convention to embrace the new order of this century, gain a widespread international recognition and find areas for its application. However, this does not eliminate the fact the entry into force of the convention.
Is remaining outside the International Conventions System a solution for the countries which have dissenting opinion?
That international conventions are not valid in law for the countries which do not sign and ratify is known. Conventions not ratified are not binding. However, it is undeniable that international agreements with a good number of signatories such as United Nations Convention on the Law of the Sea has a moral weight.
Moreover, countries may not want to act contrary to the general principles of international conventions to protect their dignity in the international arena. All International Contracts shall be concluded by giving mutual concessions. It is a fact that some of the claims of the countries which oppose some provisions of conventions are at same time satisfied by other provisions. The important thing is to make the best of the provisions to a maximum extent of that convention which is particularly beneficial for the country
Does the 1997 Convention Create a Customary Law?
Prospects of creating customary law of this convention is different from agreements in terms of formation of customary law which is among principal sources of international law. While agreements are considered to be an explicit declaration of intent of the states, a common practice is acknowledged adequate for the formation of a universal customary law. In other words, terms of the convention could become customary in the years after the convention enters into force. However, the provisions of this convention are not highly likely to become customary.
New Paradigm in the 21st Century and the 1997 Convention
International system began to bring its power into play for the entry into force of the UN Convention for after 2010. The new geopolitics of energy and water has increased the need for a "Framework Convention" on transboundary waters. This situation after 2010 has led to a rapid increase in the number of countries to sign the 1997 Convention.
The Convention was ratified by 18 countries in the next 12 years after it had been adopted in the UN. Yet, 17 countries have been added to this number in the last five years and then the convention has come into force.
Whilst new Hydropolitic paradigm in the 21st century has been dictating the upstream riparian countries to be more reasonable on one hand, has gotten rid of 80 years of immunity of Egypt over the Nile and has helped Ethiopian Renaissance Dam on the Nile rise on the other hand.
The 1997 convention is not a one that will regulate the use of water in a most appropriate way for 263 transboundary water basins. However, it was imperative somehow to fill the immense gap in this area of international law. Because, there still is no cooperation framework agreement in 157 out of 263 transboundary river basins. Mostly bilateral agreements have been made in the basins with agreements.
This situation has coupled with the risk of climate change and increased perception of threat.
Therefore, climate change in transboundary water basins has increased the need for a legal framework to be discussed without creating regional crises. Thus, a base had been laid for the efforts for prevention of regional security risks by accelerating entry into force of the Water Framework convention.
Entry into force of the 1997 Convention will create an environment conducive to bring up the problems of use of water in transboundary water basins to international agenda rather than resolving the issue in a quick manner.
Risks of Climate Change Do not Discriminate Among Countries!
UN Convention is not binding countries not a party to it like Turkey. However, the effects of climate change will not make distinction whether being a party or not while inflicting crisis. This situation in fact will bring countries, which does not want instability in their regions, together for regional cooperation on water management, even if not a party to the convention.
With further increase in the effects of climate change in the coming period terms, the terms of 1997 UN Convention will force the countries to a more effective co-operation on water.
What does 1997 Convention bring in new?
In the 21st century new paradigms will shape, the UN's 1997 Convention will fall short on the transboundary water issues in terms of "scope and concepts". Humanity is supposed to prepare for a future in which crisis will trigger one another and be rapidly globalized as a result of an increased relations among climate change and energy-food-water-environment. Therefore, 110 countries which did not ratify the convention and are located in shared water basins will not have an indulgence to refuse to cooperate on this issue. These countries, in the face of developments, even will be required to look in this issue from a much broader angle than the scope of this convention.
Therefore, this convention -1997 the UN Convention- should be evaluated without being compressed under the ambiguity of the terms of the convention and falling into the vicious feud of being whether or not a party to it. Consequently, the convention should be considered as tool to create an awareness on water cooperation of countries, and efforts should be made for a base of multilateral agreements to improve regional water cooperation.
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