Sixth Committee (Legal) — 77th session
The law of transboundary aquifers (Agenda item 86)
- Authority: resolution 74/193
Documentation
- A/C.6/77/L.12 — Draft resolution
Summary of work
Background (source: A/77/100)
At its sixty-third session, the General Assembly, under the item entitled “Report of the International Law Commission on the work of its sixtieth session”, considered chapter IV of the report of the Commission, which contained the draft articles on the law of transboundary aquifers, together with a recommendation that the Assembly take note of the draft articles, recommend to States concerned to make appropriate bilateral or regional arrangements for the proper management of their transboundary aquifers on the basis of the principles enunciated in those articles and consider, at a later stage, and in view of the importance of the topic, the elaboration of a convention on the basis of the draft articles. The Assembly welcomed the conclusion of the work of the Commission on the topic, accepted the Commission’s recommendations and commended the draft articles to the attention of Governments without prejudice to the question of their future adoption or other appropriate action, and decided to include in the provisional agenda of its sixty-sixth session an item entitled “The law of transboundary aquifers” with a view to examining, inter alia, the question of the form that might be given to the draft articles (resolution 63/124).
The Assembly considered the item at its sixty-sixth, sixty-eighth, seventy-first and seventy-fourth sessions (resolutions 66/104, 68/118, 71/150 and 74/193).
At its seventy-fourth session, the Assembly allocated the item to the Sixth Committee, where statements in the debate were made by 10 delegations (see A/C.6/74/SR.21). The Assembly decided to include in the provisional agenda of its seventy-seventh session the item entitled “The law of transboundary aquifers” (resolution 74/193).
Consideration at the seventy-seventh session
The Sixth Committee considered the item at its 18th, 19th, 34th and 35th meetings, on 19 and 20 October and 7 and 10 November 2022 (see A/C.6/77/SR.18, 19, 34 and 35).
Statements were made by the representatives of Brazil (on behalf of Argentina, Brazil, Paraguay and Uruguay), the United States of America, Mexico, El Salvador, Portugal, Cameroon, the Russian Federation, Chile, Japan, Algeria, Türkiye and the Netherlands.
Delegations generally reiterated their appreciation to the International Law Commission for the preparation of the draft articles, which concerned a very important topic. Some delegations noted that the draft articles are the first systematic formulation of the international law applicable to transboundary aquifers. The social and economic factors linked to the exploitation of transboundary aquifers, and the importance of exchange of information, capacity-building, technical assistance and international cooperation, were once again underlined. The importance of the work on transboundary aquifers for the achievement of the Sustainable Development Goals (SDGs) was highlighted, specifically SDG 6 concerning ensuring availability and sustainable management of water and sanitation for all. Delegations also noted the environmental protection obligations contained in the draft articles. The view was expressed that the draft articles also consider significant aspects relating to the human right to water.
Delegations made substantive comments on the draft articles. Some delegations expressed the view that sovereignty over aquifers must be exercised in conformity with other rules of international law, which provide limits to the overuse or exploitation thereof. The need to apply the concept of equitable use in relation to future generations was once again underlined. A view was expressed that the use of the draft articles could ensure better use, conservation and management of our transboundary aquifers. It was noted that the solutions presented in the draft articles are well balanced and in line with the evolution of contemporary international law, in particular with the Convention on the Law of the Non-navigational Uses of International Watercourses and the United Nations Convention on the Law of the Sea.
In terms of application of the draft articles in practice, some delegations recalled the conclusion of the 2010 Agreement on the Guarani Aquifer, which constituted an important step in the implementation of the principles.
As to the future form of the draft articles, a number of delegations once again recognized their importance as guidelines for States in their elaboration and conclusion of bilateral or regional agreements. The point was reiterated that the draft articles constitute a useful basis for negotiation among concerned States, in context-specific arrangements. While some delegations suggested that the draft articles could be adopted as a declaration of principles on the law of transboundary aquifers, the view was expressed that the draft articles should evolve into an international framework convention. In that regard, the point was made that should the Committee deem it appropriate to develop a multilateral instrument in the future, it will be necessary to clearly understand its relationship with the existing multilateral treaties on the subject. Another delegation suggested that it would be preferable to consider the development of a convention on the law of transboundary aquifers only after the completion of the work of the Commission on other shared natural resources, such as oil and gas.
Concerning the future consideration of the item in the Sixth Committee, some delegations expressed the preference to continue reflecting on the work of the Commission in the light of the evolving State practice on the matter.
Archived videos and summaries of plenary meetings
18th meeting (19 October 2022, 3:00pm – 6:00pm) | Summary
19th meeting (20 October 2022, 10:00am – 1:00pm) | Summary
34th meeting (7 November 2022, 10:00am – 1:00pm) | Summary
35th meeting (10 November 2022, 10:00am – 1:00pm) | Summary
Action taken by the Sixth Committee
At the 34th meeting, on 7 November, the representative of Israel, on behalf of the Bureau, introduced a draft resolution entitled “The law of transboundary aquifers” (A/C.6/77/L.12).
At the 35th meeting, on 10 November, the Committee adopted the draft resolution without a vote. The representative of Brazil made a statement in explanation of position after the adoption of the draft resolution.
Under the terms of this draft resolution, the Assembly would, inter alia, once again commend to the attention of Governments the draft articles annexed to its resolution 68/118 as guidance for bilateral or regional agreements and arrangements for the proper management of transboundary aquifers, and it would encourage the Intergovernmental Hydrological Programme of the United Nations Educational, Scientific and Cultural Organization to continue its contribution by providing further scientific and technical assistance upon the consent of the recipient State and within its mandate.
Subsequent action taken by the General Assembly
This agenda item will be considered at the eighty-first session (2026).
