Abstract
(Transboundary waters—shared rivers, lakes, and aquifers—account for approximately 60 percent of global freshwater flows and connect the fates of 153 countries worldwide. While international legal frameworks exist to guide cooperation, their effectiveness is profoundly shaped by geography, hydrology, and geopolitics. This paper examines the evolution of the global legal framework on transboundary waters, with particular reference to the UNECE Water Convention and its transition into a global instrument. It explores how physical geography—especially in South Asia’s Himalayan and Indus Basin context—interacts with political power, historical treaties, and contemporary water debates. By linking global norms with regional realities, the paper highlights the challenges and opportunities for achieving equitable, sustainable, and cooperative management of shared water resources. – Author)
Table of Contents
1. Introduction
Transboundary waters include rivers, lakes, and aquifers shared by two or more countries. Actions taken in one state—such as water abstraction, dam construction, or pollution—often have direct consequences for downstream or neighbouring states, including impacts on coastal and marine resources. As climate change intensifies hydrological variability, the importance of cooperative water governance has grown significantly.
Despite the existence of treaties and agreements, many transboundary water arrangements remain fragile or outdated. Power asymmetries among riparian states, historical legacies, and changing environmental realities challenge the relevance of earlier
agreements. This paper situates transboundary water governance within its global legal framework while emphasizing the decisive role of geography and hydrology, using South Asia as a key illustrative region.
2. The Global Legal Framework on Transboundary Waters
The Convention on the Protection and Use of Transboundary Watercourses and International Lakes (1GG2), developed under the United Nations Economic Commission for Europe (UNECE), provides a comprehensive legal framework for managing shared waters. Its core objectives include:
- Protection and sustainable management of transboundary surface and groundwater resources
- Prevention, control, and reduction of transboundary pollution
- Promotion of ecologically sound and rational water use
- Strengthening cooperation among riparian states
The Convention obliges parties to cooperate through bilateral or multilateral agreements, establish joint bodies such as river basin commissions, and apply principles including the precautionary approach, polluter-pays principle, and equitable and reasonable utilization.
In March 2016, the Water Convention transitioned from a regional agreement into a global legal framework, opening accession to all UN Member States. Since then, countries from Africa, the Middle East, and Latin America—such as Ghana, Nigeria, Iraq, and Panama—have joined, underscoring the Convention’s global relevance beyond Europe.
The Convention is complemented by the Protocol on Water and Health (1GGG), which focuses on preventing water-related diseases and ensuring safe water supply and sanitation. This protocol strengthens the human health dimension of transboundary water governance.
The global legal framework plays a central role in advancing the 2030 Agenda for Sustainable Development, particularly SDG Target 6.5, which calls for the implementation of integrated water resources management, including through transboundary cooperation.
Indicator 6.5.2 measures the “proportion of transboundary basin area with an operational arrangement for water cooperation.” For an arrangement to be considered operational, four criteria must be met:
- A joint body or cooperation mechanism exists
- Riparian countries meet at least annually
- Joint or coordinated management plans or objectives are established
- Regular exchange of data and information occurs
Despite global commitments, progress remains uneven. According to UN-Water:
- Only 43 of 153 countries sharing transboundary waters have operational arrangements covering 90% or more of their shared basins
- At least 20 countries lack any transboundary water arrangements
- Between 2020 and 2023, only eight countries improved cooperation with neighbouring states
Given that transboundary waters comprise 60% of global freshwater flows and span 286 river and lake basins and 592 aquifer systems, these figures highlight a significant governance gap.
3. Geography, Hydrology, and Transboundary Arrangements
South Asia’s hydrology is profoundly shaped by the Tibetan Plateau and the Himalayan range, often referred to as the “Third Pole” due to their vast ice and snow reserves. They are known as the Water Towers of Asia. This region supplies freshwater to nearly 1.5 billion people through ten major river systems. Seasonal snowmelt and glacier dynamics make these rivers highly sensitive to climate change.
Geography strongly influences international relations, power dynamics, and water politics. As emphasized in Robert D. Kaplan’s The Revenge of Geography, physical landscapes, climate, and natural resources shape historical trajectories and contemporary conflicts. In South Asia, tectonic history, mountain barriers, and river origins have directly influenced
political boundaries, security concerns, and water treaties.
4. South Asian Geopolitics and the Indus Basin
The Indus River system, originating in the Tibetan Plateau and flowing through China, India, and Pakistan, exemplifies the interaction between geography and geopolitics. The river and its tributaries traverse disputed territories, including Kashmir, and support agriculture, energy production, and livelihoods across national borders.
Unlike most transboundary agreements, the 1960 Indus Waters Treaty (IWT) between India and Pakistan physically divided the rivers of the basin rather than managing them jointly. While the Treaty has endured for over six decades, its design reflects the
geopolitical realities of its time and raises questions about adaptability under climate stress and changing development needs today.
Within Pakistan, the Water Apportionment Accord (1GG1) addressed inter-provincial water sharing, followed by the establishment of the Indus River System Authority (IRSA) in 1992. IRSA allocates surface water for Rabi and Kharif seasons but has no mandate over groundwater, which has become a critical gap as surface water availability declines to less than 95 million acre-feet annually.
| Province | Kharif | Rabi | Total |
| Punjab | 37.07 | 18.87 | 55.94 |
| Sindh | 33.94 | 14.82 | 48.76 |
| Khyber Pakhtunkhwa (b) CIVIL CANALS** | 3.48 | 2.3 | 5.78 |
| 1.8 | 1.2 | 3 | |
| Balochistan | 2.85 | 1.02 | 3.87 |
| Total | 77.34 | 37.01 | 114.35 |
| 1.8 | 1.2 | 3 |
Contemporary Water Debates
Current debates in Pakistan—such as those surrounding the proposed six canals (including Chashma Right Bank, Greater Thal, Cholistan, and others)—highlight unresolved tensions between infrastructure development, provincial equity, and basin-wide sustainability.
These debates underscore the need to align national and sub-national water governance with broader transboundary and ecological considerations.
5. Conclusion
The governance of transboundary waters cannot be separated from geography, hydrology, and geopolitics. While global legal frameworks such as the UNECE Water Convention provide essential norms and tools, their effectiveness depends on contextual application . In regions like South Asia, where rivers originate in contested and climatically sensitive landscapes, cooperative arrangements must evolve beyond rigid allocations toward adaptive, integrated, and trust-based management.
Strengthening operational transboundary arrangements, improving data sharing, and recognizing the physical realities of shared water systems are critical for achieving water security, regional stability, and the Sustainable Development Goals.
References
Kamal, S. (2023). Changing the Narrative, Changing the Outcomes. In M. Ahmad (Ed.), Water Policy in Pakistan: Issues and Options (pp. 1–15). Springer International Publishing. https://doi.org/10.1007/978-3-031-36131-9_1
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Indus Waters Treaty. (1960). Treaty between the Government of India and the Government of Pakistan concerning the waters of the Indus system of rivers. Karachi.
Pakistan Water Apportionment Accord. (1991). Apportionment of the waters of the Indus River System.
World Bank. (1960). Indus Basin Development Fund Agreement.
The Convention on the Protection and Use of Transboundary Watercourses and International Lakes (1992) [https://treaties.un.org/doc/treaties/1992/03/19920317%2005-46%20am/ch_xxvii_05p.pdf]
the Protocol on Water and Health (1999)
[https://treaties.un.org/doc/Treaties/1999/06/19990602%2005-47%20AM/Ch_XXVII_05_ap.pdf]
2030 Agenda for Sustainable Development, SDG Target 6.5
[https://unece.org/environmental-policy/monitoring-sdg-indicator-652]
