[MUSIC] [MUSIC] So I will continue by telling you about the work of the International Law Commission (ILC) on the law of transboundary aquifers. So as you saw in the last slide of the previous section, there are many shared aquifers - more than 300 - not counting the groundwater masses of the European Union which are managed by the European Water Framework Directive. This reflects how this important resource must be managed on a global scale. To discuss the work of ILC on the subject of transboundary aquifers, this sequence has been divided into three parts. First, I'll discuss the context in which ILC began its work. Next, I'll talk to you about this work and I will give you an overview of the current status of the draft articles. So, what was the context in which the ILC began its work on transboundary aquifers? In 1994, the ILC adopted the draft articles on the Law of the Non-navigational Uses of International Watercourses which became the 1997 New York Convention, adopted by the General Assembly of the United Nations. And as such, the draft articles for international watercourses were prepared. In light of its work on the draft articles on international watercourses, the ILC became interested in groundwater, but this was only towards the end of the work process and therefore the work was concluded without a complete consideration of groundwater. The definition of an international watercourse, in the 1997 Convention, includes groundwater in a watercourse, where the groundwater is linked to this watercourse and have the same end point. So the surface water and groundwater share the same end point. In reality, however, this is rarely the case. Groundwater, even those linked to an international watercourse, does not necessarily share the same end point. A river will flow into the sea, for example, whereas the groundwater will end up in a spring in a mountain. There are two different end points And in any case, due to the lack of knowledge about groundwaters there is a great deal of uncertainty about their spill and recharge zone. The Commission therefore recognized, when it adopted the draft articles on international watercourses in 1994, that it had omitted to list it as an important global water resource. To this end, it adopted the 1994 Resolution on Confined Transboundary Groundwater, in which it advocates the application of the principles of the 1997 Convention to transboundary groundwaters. At the same time, the ILC reflected on its 2002 shared natural resources work plan. In 2003, the Special Rapporteur on shared natural resources decided to start by looking at transboundary confined groundwaters. Then it focused on oil and gas which are also shared natural resources. In his first report, the limits of the subject are defined and he announces that he will look at groundwaters not covered by the 1997 Convention. At the same time, he consulted hydrogeologists, groundwater experts, as he believed that he and the members of the ILC, (as lawyers and professors of international law) were not experts in water or groundwater. Following the consultations with the groundwater experts, a second report was submitted in 2004 which captures an evolution that impacts the content of the draft articles. So first, the Special Rapporteur decided to drop the term "confined". Indeed, the consultations with hydrogeologists enabled him to realise that the term had been used wrongly, designating groundwater as unrelated to surface water. In hydrogeology, this term has a completely different meaning, referring to groundwater that is under pressure, (where as soon as there is a borehole, the water gushes out without any mechanical or other force to hold it back). So to avoid any misunderstanding between hydrologists and lawyers, this term was dropped. At the same time, after the consultations with hydrogeologists, he decided to adopt the term "aquifer". By adopting the term aquifer, the Special Rapporteur expands the subject so that it no longer covers only groundwater, but is extended to cover geological formations recognising that an aquifer is both groundwater and a geological formation. The ILC adopted the draft articles in 2008, at a second reading. The draft articles include a preamble and 19 articles. It is divided into four parts, introduction, general principles, protection, preservation and management, and various other provisions. When the ILC completed its work in 2008, once it had adopted the draft articles, the work was referred to the United Nations General Assembly (as required by its statute). And it made the recommendation to the General Assembly to adopt it in a resolution in order to ensure that the draft articles could be made available to States. This was pending discussion on the final version since there was no decision on this and it was up to the States to decide. To date, the draft articles have been the subject of three General Assembly resolutions in 2008, 2011 and 2013. In accordance with the ILC's recommendation, the General Assembly, in 2008, included the draft articles as an annex to its resolution and encouraged concerned States to draw up agreements on their transboundary aquifers based on the principles of the draft articles. In 2011, the same terminology was used even if the draft articles were not annexed. And finally, in 2013, the General Assembly changed its terminology, it recommended the the text of the draft articles on the law of transboundary aquifers to governments and this resolution included the draft articles in its annex. In this latest resolution, you can see that there is an evolution underway within the General Assembly. Rather than viewing the draft articles as a declaration of principles they have become viewed as a more binding convention or text. Indeed, during the debates, the States did not appear to evolve in this direction. Even if the draft articles had no binding force, as it was included in a resolution of the United Nations General Assembly, they did have some influence. The States of the Guarani aquifer of South America, shared between Argentina, Brazil, Paraguay and Uruguay, concluded an agreement in 2010 for the management of their shared aquifer. They referred to this 2010 resolution and to the principles of the agreement which was heavily influenced by the draft articles. More recently, the States Parties to the 1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes from the UNECE adopted a document on transboundary groundwaters, intended to facilitate the the application of the principles of the convention on transboundary aquifers. This document was based on the draft articles. So we see that the draft articles, despite the fact that they are non-binding, are starting to make their way into international life, into how States relate to their transboundary aquifers. The very fact that this instrument is available is an important step. It is the only instrument that completely addresses transboundary aquifers and which is adapted to their specific characteristics. The fact that it is non-binding is not an obstacle to its application, since the States that share a transboundary aquifer, and who wish to enter into an agreement can be inspired by the articles without entering into heavy processes such as ratification which would be required for the application of a convention. [MUSIC] [MUSIC]