4.2 International Water Law Today
37
law redundant as they continue to play an important role where no regional norm
applies (Boisson de Chazournes 2013).
4.2.3.2 Examples of Major Regional, Sub-regional and Basin Treaties
13
The origins of transboundary water agreements in Africa are rooted in the colonial
past. Colonial powers had a preference to use rivers to demarcate their spheres of
influence. To that effect they concluded a number of bilateral treaties to which today’s
watercourse states were not parties. Such colonial arrangements had a lasting impact
on co-riparian relations and can constitute a major impediment to effective basin-wide
cooperation even today. In the wake of decolonisation, the number of transboundary
water agreements multiplied quickly, followed by the establishment of the first river
basin organisation in 1964 (Niger River Commission, today: Niger Basin Authority). Such a shift towards joint management has, however, been attributed more to the
influence of international organisations and lending institutions that the cooperative
spirit of the newly independent African states (Turton 2008). Today, while Africa has
a growing number of basin treaties, over half of the international river systems are
still not covered (at all or comprehensively) by treaties. The greatest progress in this
regard has been achieved in Southern Africa, where under the auspices of the Southern African Development Community (SADC) and the leadership of the Republic
of South Africa the treaty framework of water cooperation and the related institutional structure have been significantly expanded and strengthened.
14 The SADC
adopted its first transboundary water governance agreement—the SADC Protocol
on Shared Watercourses
15 —in 1995. This was replaced by a Revised Protocol
16 in
2000 that entered into force in 2003. To a large extent, the Revised Protocol mirrors
the provisions of the 1997 UN Watercourses Convention. It is based on the equitable
and reasonable utilisation principle and the no-harm rule. The Revised Protocol also
foresees the adoption of basin agreements and commissions. Given that the borders
of SADC member states intersect 15 major international rivers the implementation
of the Revised Protocol has global significance (Kinna 2015). In addition, in 2018
the countries of the Central African region adopted a new regional instrument under
the title Convention for the Prevention of Conflicts Related to the Management of
13 This subsection only addresses non-European examples. Regional and sub-regional treaties
in the European Union and its neighbours is covered in Sects. 8.2.2–8.2.4.
14 Members of the SADC include: Botswana, Democratic Republic of Congo, Lesotho, Madagascar,
Malawi, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Swaziland, United Republic
of Tanzania, Zambia, Zimbabwe. Source: http://www.sadc.int/member-states/ (accessed 12 February 2019).
15 Protocol on Shared Watercourses in the Southern African Development Community, Johannesburg, 28 August 1995.
16 Revised Protocol on Shared Watercourses in the Southern African Development Community,
Windhoek, 7 August 2000.
37
law redundant as they continue to play an important role where no regional norm
applies (Boisson de Chazournes 2013).
4.2.3.2 Examples of Major Regional, Sub-regional and Basin Treaties
13
The origins of transboundary water agreements in Africa are rooted in the colonial
past. Colonial powers had a preference to use rivers to demarcate their spheres of
influence. To that effect they concluded a number of bilateral treaties to which today’s
watercourse states were not parties. Such colonial arrangements had a lasting impact
on co-riparian relations and can constitute a major impediment to effective basin-wide
cooperation even today. In the wake of decolonisation, the number of transboundary
water agreements multiplied quickly, followed by the establishment of the first river
basin organisation in 1964 (Niger River Commission, today: Niger Basin Authority). Such a shift towards joint management has, however, been attributed more to the
influence of international organisations and lending institutions that the cooperative
spirit of the newly independent African states (Turton 2008). Today, while Africa has
a growing number of basin treaties, over half of the international river systems are
still not covered (at all or comprehensively) by treaties. The greatest progress in this
regard has been achieved in Southern Africa, where under the auspices of the Southern African Development Community (SADC) and the leadership of the Republic
of South Africa the treaty framework of water cooperation and the related institutional structure have been significantly expanded and strengthened.
14 The SADC
adopted its first transboundary water governance agreement—the SADC Protocol
on Shared Watercourses
15 —in 1995. This was replaced by a Revised Protocol
16 in
2000 that entered into force in 2003. To a large extent, the Revised Protocol mirrors
the provisions of the 1997 UN Watercourses Convention. It is based on the equitable
and reasonable utilisation principle and the no-harm rule. The Revised Protocol also
foresees the adoption of basin agreements and commissions. Given that the borders
of SADC member states intersect 15 major international rivers the implementation
of the Revised Protocol has global significance (Kinna 2015). In addition, in 2018
the countries of the Central African region adopted a new regional instrument under
the title Convention for the Prevention of Conflicts Related to the Management of
13 This subsection only addresses non-European examples. Regional and sub-regional treaties
in the European Union and its neighbours is covered in Sects. 8.2.2–8.2.4.
14 Members of the SADC include: Botswana, Democratic Republic of Congo, Lesotho, Madagascar,
Malawi, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Swaziland, United Republic
of Tanzania, Zambia, Zimbabwe. Source: http://www.sadc.int/member-states/ (accessed 12 February 2019).
15 Protocol on Shared Watercourses in the Southern African Development Community, Johannesburg, 28 August 1995.
16 Revised Protocol on Shared Watercourses in the Southern African Development Community,
Windhoek, 7 August 2000.