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boundary impacts. Although the no-harm rule involves flexible and broadly defined
phrases such as “significant harm” and “all appropriate measures” (UNECE 2013),
it directs decision-makers to consider how water uses affect food energy and water
security in other watercourse States.
All in all, the substantive basis of international water law—comprising the principle of equitable and reasonable utilization and the no-harm rule—leaves wide
discretion to watercourse States to decide on the reconciliation of water uses. From
the perspective of the nexus approach, this is both an advantage and a disadvantage.
On the one hand, a wide discretion offers the possibility to integrate the energy and
food sectors in the decision-making processes of international water law. The UN
Watercourses Convention encourages this integration by listing various factors relevant to equitable and reasonable utilization. On the other hand, wide discretion and
flexible concepts also make it possible to concentrate only on the water sector
despite its obvious interlinkages with energy and food.
Climate variability and climate change (Chap. 11) further underline the need for
the nexus approach in the management of international watercourses (UNECE
2015, p. 2). (See also Chap. 20 on managing conflict). The Paris Agreement—which
enhances the implementation of the UN Framework Convention on Climate
Change—aims, for example, to increase the ability to adapt to climate change, in
which water management plays a pivotal role (Article 2 of the Paris Agreement). In
this regard, watercourse States need to find common ground to reconcile their different sectoral and development priorities.
Joint river basin commissions and other joint bodies for cooperation in the management of international waters may well provide a platform for the implementation
of the nexus approach between neighboring countries (see Sect. 8.1.1, and the case
studies of Chap. 19).
In order to support the implementation of the nexus approach in international
water cooperation, the UNECE has developed procedural footsteps for the nexus
assessment in transboundary basins. They consist of:
1. the identification of basin conditions and its socioeconomic context as well as
the key sectors and stakeholders;
2. an analysis of the key sectors;
3. the identification of intersectoral issues;
4. nexus dialogue; and
5. the identification of synergies across the sectors and countries.
The nexus assessment is well in line with the principle of cooperation under
international water law, which obligates States to cooperate on the basis of sovereign equality, territorial integrity, mutual benefit, and good faith and with the help
of joint bodies or other joint mechanisms. The two global water conventions also
include specific provisions on knowledge mobilization between watercourse States,
such as the requirements on the exchange of data on the condition of an international watercourse and information on issues covered by international water law.
All in all, States should consider the intersectoral implications of water uses in
transboundary water cooperation in order to implement the nexus approach. The
6 International Governance
boundary impacts. Although the no-harm rule involves flexible and broadly defined
phrases such as “significant harm” and “all appropriate measures” (UNECE 2013),
it directs decision-makers to consider how water uses affect food energy and water
security in other watercourse States.
All in all, the substantive basis of international water law—comprising the principle of equitable and reasonable utilization and the no-harm rule—leaves wide
discretion to watercourse States to decide on the reconciliation of water uses. From
the perspective of the nexus approach, this is both an advantage and a disadvantage.
On the one hand, a wide discretion offers the possibility to integrate the energy and
food sectors in the decision-making processes of international water law. The UN
Watercourses Convention encourages this integration by listing various factors relevant to equitable and reasonable utilization. On the other hand, wide discretion and
flexible concepts also make it possible to concentrate only on the water sector
despite its obvious interlinkages with energy and food.
Climate variability and climate change (Chap. 11) further underline the need for
the nexus approach in the management of international watercourses (UNECE
2015, p. 2). (See also Chap. 20 on managing conflict). The Paris Agreement—which
enhances the implementation of the UN Framework Convention on Climate
Change—aims, for example, to increase the ability to adapt to climate change, in
which water management plays a pivotal role (Article 2 of the Paris Agreement). In
this regard, watercourse States need to find common ground to reconcile their different sectoral and development priorities.
Joint river basin commissions and other joint bodies for cooperation in the management of international waters may well provide a platform for the implementation
of the nexus approach between neighboring countries (see Sect. 8.1.1, and the case
studies of Chap. 19).
In order to support the implementation of the nexus approach in international
water cooperation, the UNECE has developed procedural footsteps for the nexus
assessment in transboundary basins. They consist of:
1. the identification of basin conditions and its socioeconomic context as well as
the key sectors and stakeholders;
2. an analysis of the key sectors;
3. the identification of intersectoral issues;
4. nexus dialogue; and
5. the identification of synergies across the sectors and countries.
The nexus assessment is well in line with the principle of cooperation under
international water law, which obligates States to cooperate on the basis of sovereign equality, territorial integrity, mutual benefit, and good faith and with the help
of joint bodies or other joint mechanisms. The two global water conventions also
include specific provisions on knowledge mobilization between watercourse States,
such as the requirements on the exchange of data on the condition of an international watercourse and information on issues covered by international water law.
All in all, States should consider the intersectoral implications of water uses in
transboundary water cooperation in order to implement the nexus approach. The
6 International Governance