Chapter 5
Institutions of Transboundary Water
Governance
5.1 Overview
Most legal instruments concerned with transboundary water management, be it
global, regional, basin-wide in scope, provide for some kind of institutional arrangements to oversee their implementation.
The role and presence of such institutions is most prominent at basin and bilateral
level. This is only natural in view of the fact that—as Stephen McCaffrey noted—“the
management of international watercourse systems through joint institutions is […]
almost indispensable, if anything approaching optimum utilisation and protection of
the system of waters is to be attained” (ILC 1991). Thus, given the pivotal importance
of institutional frameworks the UN Watercourses Convention suggests the establishment of joint mechanism and bodies among watercourse states (Art. 8.2., Rieu-Clarke
et al. 2012). In the same vein the UNECE Water Convention even goes as far as to
specifically require riparian states to establish “bilateral or multilateral commissions
or other appropriate institutional arrangements for cooperation” (Art. 1.5., 9.2.).
Institutional arrangements to manage shared rivers may take several shapes. The
simplest of such mechanisms is where the parties to an interstate water agreement do
not designate specific institutions for the implementation of the agreement, but use
established bilateral channels instead. An important step towards institutionalisation is the appointment of permanent government representatives (plenipotentiaries)
to manage (mainly bilateral) water issues of common interest. The most complex
arrangements for the governance of shared water resources are the various river basin
organisations (RBOs) (UNECE 2009).
In addition to basin-related or bilateral joint management bodies, there are a
number of intergovernmental and non-governmental organisations that are engaged,
directly or indirectly, in the facilitation of transboundary water management. Such
facilitation may take place through regime-building, monitoring of implementation
(UNECE), policy development (OECD), technical assistance (UNEP), financing
institution-building (World Bank), etc.
© Springer Nature Switzerland AG 2020
G. Baranyai, European Water Law and Hydropolitics, Water Governance - Concepts,
Methods, and Practice, https://doi.org/10.1007/978-3-030-22541-4_5
45
Institutions of Transboundary Water
Governance
5.1 Overview
Most legal instruments concerned with transboundary water management, be it
global, regional, basin-wide in scope, provide for some kind of institutional arrangements to oversee their implementation.
The role and presence of such institutions is most prominent at basin and bilateral
level. This is only natural in view of the fact that—as Stephen McCaffrey noted—“the
management of international watercourse systems through joint institutions is […]
almost indispensable, if anything approaching optimum utilisation and protection of
the system of waters is to be attained” (ILC 1991). Thus, given the pivotal importance
of institutional frameworks the UN Watercourses Convention suggests the establishment of joint mechanism and bodies among watercourse states (Art. 8.2., Rieu-Clarke
et al. 2012). In the same vein the UNECE Water Convention even goes as far as to
specifically require riparian states to establish “bilateral or multilateral commissions
or other appropriate institutional arrangements for cooperation” (Art. 1.5., 9.2.).
Institutional arrangements to manage shared rivers may take several shapes. The
simplest of such mechanisms is where the parties to an interstate water agreement do
not designate specific institutions for the implementation of the agreement, but use
established bilateral channels instead. An important step towards institutionalisation is the appointment of permanent government representatives (plenipotentiaries)
to manage (mainly bilateral) water issues of common interest. The most complex
arrangements for the governance of shared water resources are the various river basin
organisations (RBOs) (UNECE 2009).
In addition to basin-related or bilateral joint management bodies, there are a
number of intergovernmental and non-governmental organisations that are engaged,
directly or indirectly, in the facilitation of transboundary water management. Such
facilitation may take place through regime-building, monitoring of implementation
(UNECE), policy development (OECD), technical assistance (UNEP), financing
institution-building (World Bank), etc.
© Springer Nature Switzerland AG 2020
G. Baranyai, European Water Law and Hydropolitics, Water Governance - Concepts,
Methods, and Practice, https://doi.org/10.1007/978-3-030-22541-4_5
45