Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī (Mar 2015)

Analyzing 2008 International Draft Articles on the Law of Transboundary Aquifers

  • Mahdi Hatami,
  • Hassan Babaei

Journal volume & issue
Vol. 16, no. 44
pp. 9 – 33

Abstract

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Nowadays aquifers are regarded as the world’s main drinking water supply. Such prominence has led states to resort to aquifers as a major source of water supply . Among serious challenges faced by states in regards with transboundary aquifers are the legal regime governing the issue of sovereignty, utilization methods, exploitation preocess, and how they are eventually managed. To adress these challenges, International Law Commission (ICL) attempted to produce a set of articles on the legal regime of transboundary aqquifers (draft articles - 2008) which was further presented to U.N |General Assembly. Despite a few shortcomings, 2008 draft articles was an important step towards gradual development and introduction of novel trends regarding aquifers' law. This paper will review the transboundary aquifers draft articles and evaluates arguments for and against them.

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