Berlin Rules on Water Resources
Encyclopedia
The Berlin Rules on Water Resources is a document adopted by the International Law Association
(ILA) to summarize international law
customarily applied in modern times to freshwater
resources
, whether within a nation or crossing international boundaries. Adopted on August 21, 2004 in Berlin
, the document supersedes the ILA's earlier "The Helsinki Rules on the Uses of the Waters of International Rivers
", which was limited in its scope to international drainage basin
s and aquifer
s connected to them.
' unratified "Convention on the Law of Non-Navigational Uses of International Watercourses
" and the ILA's own "Rules on International Groundwaters." However, these documents were restricted to addressing international waters. In 1996, the ILA appointed Joseph Dellapenna
to produce a compilation of water related laws, following the production of which in 1997 it decided to create a comprehensive document, addressing all freshwater resources as well as issues affecting the climate that impacts them.
and manage water resources, in conjunction with other resources, and minimize environmental harm. In addition to setting out various regulations for nations to follow with respect to water within their boundaries and water they may share, it regulates behavior in wartime, including damage to water installations such as dam
s and dikes. Nations are not permitted to take action that may result in a shortage of life-sustaining water for civilians, unless a nation being invaded is compelled by military emergency to disable its own water supply, or that may cause undue ecological damage. Poisoning water necessary for survival is in all cases forbidden.
Where water resources are internationally shared, it regulates equitable use with reasonable consideration of such factors as past customary usages of the resource and balancing variant needs and demands of all bordering nations. It mandates that the first consideration in weighing needs is satisfying the requirements of human beings for water to sustain life. It requires that nations sharing water make reasonable efforts not to cause harm to one another by the ways in which the water is used. It permits free navigation by all nations sharing a water system, although it allows reasonable restriction by a nation of water navigation within its jurisdiction for security. Nations are expected to work together as needed to sustain shared water resources.
The document requires a reasonable openness to the international community of information related to water resources and their usage, particularly in those cases where nations sharing a water resource may be impacted. Except in cases of emergency, usage that may significantly impact others should be discussed in advance with all interested nations, with disagreements resolved by appeal as necessary to international governing committees.
Regardless of the location of water, and whether or not a water resource is shared, it asserts the right of every individual to equally access water to sustain life without discrimination, even in times of war. It requires states to enable their citizens to participate in decisions affecting water access by providing reasonable information about the water resource and plans impacting it. It also mandates the compensation of those who are displaced in the interests of securing water preservation. It requires that nations be mindful of the environmental factors that affect water resources and preserve them appropriately, such as by preventing water pollution
and preserving native ecosystem
s, even if they are occupying foreign territory during a time of war. It requires appropriate measures to address flooding and drought
, both in communicating quickly about these to nations sharing a water resource and in working to eliminate or prevent harm to a water resource and the population dependent on it.
The Berlin Rules on Water Resources provides that nations must enforce its provisions through local legislation and also submit to international review as necessary to ensure that they are compliant.
International Law Association
The International Law Association is a non-profit organization based in Great Britain that — according to its 2004 constitution — promotes "the study, clarification and development of international law" and "the furtherance of international understanding and respect for international law."The ILA...
(ILA) to summarize international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
customarily applied in modern times to freshwater
Freshwater
Fresh water is naturally occurring water on the Earth's surface in ice sheets, ice caps, glaciers, bogs, ponds, lakes, rivers and streams, and underground as groundwater in aquifers and underground streams. Fresh water is generally characterized by having low concentrations of dissolved salts and...
resources
Water resources
Water resources are sources of water that are useful or potentially useful. Uses of water include agricultural, industrial, household, recreational and environmental activities. Virtually all of these human uses require fresh water....
, whether within a nation or crossing international boundaries. Adopted on August 21, 2004 in Berlin
Berlin
Berlin is the capital city of Germany and is one of the 16 states of Germany. With a population of 3.45 million people, Berlin is Germany's largest city. It is the second most populous city proper and the seventh most populous urban area in the European Union...
, the document supersedes the ILA's earlier "The Helsinki Rules on the Uses of the Waters of International Rivers
The Helsinki Rules on the Uses of the Waters of International Rivers
The Helsinki Rules on the Uses of the Waters of International Rivers is an international guideline regulating how rivers and their connected groundwaters that cross national boundaries may be used, adopted by the International Law Association in Helsinki, Finland in August 1966. In spite of its...
", which was limited in its scope to international drainage basin
Drainage basin
A drainage basin is an extent or an area of land where surface water from rain and melting snow or ice converges to a single point, usually the exit of the basin, where the waters join another waterbody, such as a river, lake, reservoir, estuary, wetland, sea, or ocean...
s and aquifer
Aquifer
An aquifer is a wet underground layer of water-bearing permeable rock or unconsolidated materials from which groundwater can be usefully extracted using a water well. The study of water flow in aquifers and the characterization of aquifers is called hydrogeology...
s connected to them.
Background
In 1966, the ILA adopted "The Helsinki Rules on the Uses of the Waters of International Rivers", an unenforceable guideline governing the usage of rivers and connected groundwaters that crossed national boundaries. As the guideline did not address other aquifers, various other guidelines were subsequently drafted and adopted by other organizations to replace or supplement them, including the United NationsUnited Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
' unratified "Convention on the Law of Non-Navigational Uses of International Watercourses
Convention on the Law of Non-Navigational Uses of International Watercourses
The Convention on the Law of Non-Navigational Uses of International Watercourses is a document adopted by the United Nations on May 21, 1997 pertaining to the uses and conservation of all waters that cross international boundaries, including both surface and groundwater...
" and the ILA's own "Rules on International Groundwaters." However, these documents were restricted to addressing international waters. In 1996, the ILA appointed Joseph Dellapenna
Joseph Dellapenna
Joseph W. Dellapenna is a Professor of Law at Villanova University School of Law.- Academic Background :Professor Dellapenna holds a B.B.A. with distinction earned at the University of Michigan in 1965, a J.D. cum laude from the Detroit College of Law earned in 1968, an LL.M. in Public...
to produce a compilation of water related laws, following the production of which in 1997 it decided to create a comprehensive document, addressing all freshwater resources as well as issues affecting the climate that impacts them.
Provisions
The document requires that nations take appropriate steps to sustainWater conservation
Water conservation refers to reducing the usage of water and recycling of waste water for different purposes such as cleaning, manufacturing, and agricultural irrigation.- Water conservation :Water conservation can be defined as:...
and manage water resources, in conjunction with other resources, and minimize environmental harm. In addition to setting out various regulations for nations to follow with respect to water within their boundaries and water they may share, it regulates behavior in wartime, including damage to water installations such as dam
Dam
A dam is a barrier that impounds water or underground streams. Dams generally serve the primary purpose of retaining water, while other structures such as floodgates or levees are used to manage or prevent water flow into specific land regions. Hydropower and pumped-storage hydroelectricity are...
s and dikes. Nations are not permitted to take action that may result in a shortage of life-sustaining water for civilians, unless a nation being invaded is compelled by military emergency to disable its own water supply, or that may cause undue ecological damage. Poisoning water necessary for survival is in all cases forbidden.
Where water resources are internationally shared, it regulates equitable use with reasonable consideration of such factors as past customary usages of the resource and balancing variant needs and demands of all bordering nations. It mandates that the first consideration in weighing needs is satisfying the requirements of human beings for water to sustain life. It requires that nations sharing water make reasonable efforts not to cause harm to one another by the ways in which the water is used. It permits free navigation by all nations sharing a water system, although it allows reasonable restriction by a nation of water navigation within its jurisdiction for security. Nations are expected to work together as needed to sustain shared water resources.
The document requires a reasonable openness to the international community of information related to water resources and their usage, particularly in those cases where nations sharing a water resource may be impacted. Except in cases of emergency, usage that may significantly impact others should be discussed in advance with all interested nations, with disagreements resolved by appeal as necessary to international governing committees.
Regardless of the location of water, and whether or not a water resource is shared, it asserts the right of every individual to equally access water to sustain life without discrimination, even in times of war. It requires states to enable their citizens to participate in decisions affecting water access by providing reasonable information about the water resource and plans impacting it. It also mandates the compensation of those who are displaced in the interests of securing water preservation. It requires that nations be mindful of the environmental factors that affect water resources and preserve them appropriately, such as by preventing water pollution
Water pollution
Water pollution is the contamination of water bodies . Water pollution occurs when pollutants are discharged directly or indirectly into water bodies without adequate treatment to remove harmful compounds....
and preserving native ecosystem
Ecosystem
An ecosystem is a biological environment consisting of all the organisms living in a particular area, as well as all the nonliving , physical components of the environment with which the organisms interact, such as air, soil, water and sunlight....
s, even if they are occupying foreign territory during a time of war. It requires appropriate measures to address flooding and drought
Drought
A drought is an extended period of months or years when a region notes a deficiency in its water supply. Generally, this occurs when a region receives consistently below average precipitation. It can have a substantial impact on the ecosystem and agriculture of the affected region...
, both in communicating quickly about these to nations sharing a water resource and in working to eliminate or prevent harm to a water resource and the population dependent on it.
The Berlin Rules on Water Resources provides that nations must enforce its provisions through local legislation and also submit to international review as necessary to ensure that they are compliant.