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23 Rev. Eur. Comp. & Int'l Envtl. L. 1 (2014)

handle is hein.journals/reel23 and id is 1 raw text is: RECIEL 23 (1) 2014. ISSN 2050-0386 Editorial International water law is going through significant developments. The imminent entry into force of the 1997 United Nations (UN) Watercourses Convention and the amendment of the 1992 UN Economic Com- mission for Europe (UNECE) Water Convention so as to open it up to non-UNECE States constitute signifi- cant milestones. The objective of the latter is to group as many States as possible, particularly those adjacent to the region covered by the UNECE, under the same framework in order to extend the reach of the extensive regulatory framework of the Convention. For its part, the 2008 International Law Commission (ILC) Draft Articles on the Law of Transboundary Aquifers has become an important reference document. These ele- ments attest to the willingness of States to develop rules of a universal scope, which they had previously been very reluctant to do. This is notably significant because, for a long time, important legal and institutional devel- opments had most often been taking place separately at the universal, regional and local levels. The important role played by universal and regional norms does not prevent the conclusion of specific agreements to update or to provide a more specific interpretation of existing norms of a general content. Indeed, it is important to conclude basin-specific treaties that allow for the con- sideration of particularities and characteristics of indi- vidual river basins and aquifers. Collectively reading the norms that have been estab- lished at different levels sheds light on some features of the development of the law applicable to transboundary fresh water resources. It thus becomes clear that the different regulatory levels have been nurturing each other. Further promotion is needed for the ongoing harmonization of water practices and emulation between universal norms and specific instruments on transboundary water resources. These various endeav- ours stress the central role of cooperation and coopera- tive devices for ensuring sound protection and management of fresh water. International law is a rec- ognized means for supporting and developing this cooperation. The topics covered in this special issue - including the relationship between two potential water treaties of universal outreach; regional approaches in interna- tional water law in Europe, Africa, China and South Asia; the law of transboundary aquifers; the develop- ment of an ecosystem approach; and the similarities 1 See Laurence Boisson de Chazournes, Fresh Water in International Law (Oxford University Press, 2013), at 48-53. and differences between biodiversity and water man- agement - reveal one facet or another of the contribu- tions of international law with respect to water, as well as the acknowledgment of cooperation as a central feature of international water law. The special issue starts with a contribution by Stephen McCaffrey who, through a broad tour d'horizon of recent developments in international water law, high- lights the fact that international cooperation on fresh water is alive and well. He first discusses the recent Indus Waters Kishenganga Arbitration between Paki- stan and India, in which the Permanent Court of Arbi- tration made the important finding that environmental protection is required throughout a hydro-electric proj- ect's lifetime. Moreover, McCaffrey suggests that the arbitration is an example of how States continue to submit their water-related disputes to independent tri- bunals for resolution - another indicator of the willing- ness of States to cooperate. In a brief discussion of the human right to water, McCaffrey next criticizes the fact that the right to water has come under fire, particularly in developed countries. He further expresses his concern about the compatibility of the ILC Draft Articles on the Law of Transboundary Aquifers with the UN Watercourses Convention and, finally, suggests that the prospect of having two water treaties with global reach should be welcomed. This last issue is addressed in detail by Alistair Rieu- Clarke and R6my Kinna, who take up the challenge of assessing the options in case two international water treaties are in force - a scenario that should no longer be considered theoretical. The authors first compare the evolution and texts of the UN Watercourses Con- vention and the UNECE Water Convention and argue that, while there are clear similarities and differences between the two treaties, they are in fact compatible and should be presented as a 'package'. In a second step, Rieu-Clarke and Kinna examine what such a package could look like by discussing the advantages and drawbacks of several institutional options for implementing the two conventions. Under the 'com- bined' option, the UNECE Secretariat would service both treaties; under the 'parallel' option, the authors envisage two separate institutional structures; and under the 'status quo' option, the UN Watercourses Convention would at least initially not have any insti- tutional structure. The authors' core argument is that, whichever option is pursued, there will be a need for coordinating the two treaties. Therefore, in a final step, they briefly examine two other examples in interna- tional environmental law - the clustering of three @ 2014 John Wiley & Sons Ltd, 9600 Garsington Road, Oxford OX4 2DQ, UK and 350 Main Street, Maiden, MA 02148, USA. 1 DOl: 10.1111/reel.12074

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