Archive for December, 2013

1997 UN Watercourses Convention: 33 Parties, 2 More to Bring it in Force

Saturday, December 21st, 2013

On 20 December 2013, Ireland became the 33rd Party to the 1997 UN Convention on the Non-navigational Uses of International Watercourses, only seven days following the accession of the United Kingdom to the Convention.  Of the 33 ratifications, four occurred in 2013 (Ireland, Montenegro, Niger, and the UK), five in 2012 (Benin, Chad, Denmark, Italy, and Luxembourg), three in 2011 (Burkina Faso, France, and Morocco), three in 2010 (Greece, Guinea-Bissau, and Nigeria) and two in 2009 (Spain and Tunisia). If the present rate of ratifications continue, the Convention could come into force within the next year, possibly in a matter of months. The Convention requires 35 parties for it to achieve that status.

Curiously, of the 33 parties to the Convention, the vast majority are from either Africa (11) or Europe (16). Only one ratifying state is found in Asia (Central Asia to be precise) and none come from the American hemisphere. Five others are from the non-African Middle East region, albeit a total of eight MENA nations are now a party to the Convention.

It is certainly peculiar that not one nation from the Americas has ratified the Convention. Venezuela and Paraguay were two very early signatories to the Convention. Yet, neither has made much headway toward full party status, and no other country in the region seems poised to join the Convention. And in Asia, only Uzbekistan has made the commitment.

What this geographic distribution portends is still unclear. At the very least, it suggests a certain geographic bias toward (and against) the Convention. And, once the Convention comes into force, that could raise the question of whether the geographic distribution of ratifying nations is adequate to project the Convention globally. Nations in Asia and the Americas, for example, might claim that the principles codified in the Convention apply only regionally – in Africa and Europe, and possibly the Middle East.

Those nations who are now full parties to the Convention have made a commitment to abide by the Convention’s norms. If they want the rest of the world to follow suit, they may want to consider developing a compliance strategy, possibly even a promotion strategy aimed at convincing other nations and regions to join the Convention. Additionally, given that only two ratifications are needed before the Convention comes into force, they need to begin thinking about a Convention Secretariat to administer the Convention and related activities (such as monitoring compliance and encouraging membership).