Urgent call for protection and use of transboundary watercourses. Some legal reflections

Abstract

AbstractThe use of transboundary water resources has received special international attention in recent years. Although riparian countries recognize the benefits of cross‐border rivers and enter into agreements with countries sharing the transboundary rivers by means of legal rules, treaties, and principles, they have done excessive riverine exploitation activities to maximize their socio‐economic benefits, causing the imbalance in the ecosystems and peace. This study aims to conduct a secondary analysis of primary qualitative data to research the common legal frameworks on international water law such as Helsinki Rules, UN Watercourses Conventions, and UNECE Water Convention, together with a case study on the Mekong River Agreement. Bilateral, multilateral, international treaties and principles are currently not enforceable enough to compel riparian countries strictly to comply with these legal rules and principles on equitable and sustainable water coordination and development. Besides, there are still internal conflicts among the upper and lower riparian countries over the equitable and reasonable use of transboundary river watercourses due to lack of punitive sanctions. There is an urgent need to establish a specialized international water management commission designated by all nations with the utmost power to regulate human‐related activities concerning transboundary watercourses to govern equitable and sustainable management and development of the transboundary water use. Besides, current international law principles have to be revised to fill the gap of disagreement and potential conflicts between upstream, middle stream and downstream countries.