International and domestic water law in Central Asia-implementing international law obligations regarding transboundary waters: the role of domestic water legislation

Abstract

Domestic water laws are instrumental to the implementation of transboundary waters treaty obligations, notably those regarding the allocation of transboundary water resources for use by the States that are a party to the treaty or agreement, and those regarding the protection of transboundary water resources from pollution. The analysis of relevant obligations fatured in select transboundary waters agreements among Central Asia countries suggests that these countries must have in place, and implement, domestic water laws that regulate the abstraction and use of water resources from rivers and lakes, and the discharge of wastes in them, for relevant treaty obligations to be met effectively. Comparable conclusions can be drawn from the analysis of comparable obligations stemming from the Revised Protocol on Shared Water Resources in the Southern African Development Community (2000), and from the Tripartite Interim Agreement for Co-operation in the Protection and Sustainable Utilization of the Water Resources of the Incomati and Maputo Watercourses (Mozambique, South Africa, Swaziland, 2002).