Accelerating Water Security In The MENA Region Through The Effective Implementation Of The Law On Transboundary Aquifers (Groundwater)

Abstract

Water security is a central challenge for the development and stability of the Middle East and North
Africa (MENA) region, a challenge of interest far beyond the water sector. The amplifying effects of
climate change threaten to increase the gap between water supply and water demand in the region by
exacerbating drought conditions. The longer-term consequences of water scarcity that increase this
imbalance, extend beyond insufficient water availability. Concerns over water quality, critical water
infrastructure, and transboundary water cooperation compound the region’s existing socio-economic
challenges. Of the 468 globally identified Transboundary Aquifers and Aquifer systems, there are over
46 of them across the MENA region, and they range in size from 340km2 to 686,619km.2 Many
groundwater Aquifers underlie two or more countries and are, therefore transboundary. Withdrawals
from one country can drain life giving water from a neighbouring country and could be a potential
conflict. But the Transboundary Aquifers (TBAs) have been neglected under international law until of
very recent, despite their environmental, socio-economic and strategic importance. Many shared TBAs
in the MENA region are under environmental threats caused by climate change, growing population
pressure, over exploitation, and human induced water pollution. The dependency of the Countries in
MENA region on external water resources increases the need for better and stronger regional
cooperation to addressing water scarcity, sharing and water resource management. This makes
achieving water security especially challenging, particularly, while considering that growing
demand, declining water quality and climate change are contributing to increase water scarcity in the
MENA region. This article therefore contends that, one surest way of addressing the lingering
challenges of water security in the region, is to explore the benefits derivable from understanding the
role of, and compliance with, international water law in supporting Transboundary (Groundwater)
Aquifers cooperation, and accelerating the effective implementation of the law of Transboundary
Aquifers (TBAs), especially in the absence of any legally binding multilateral regional cooperation
agreement on TBAs (Groundwater) in the MENA region. Using doctrinal approach, the article seeks
to review existing regional agreements on TBAs-Groundwater cooperation in the MENA region with
a view to identifying gaps in them; explore the benefits derivable by State parties from international
water law in supporting regional TBAs Groundwater cooperation; and propose how the law of TBAs
can accelerate water security in the region, that apparently lacks a multilateral regional agreement on
TBAs.