Conference Agenda

With 313 international river basins covering 47.1% of the world's land surface (McCracken and Wolf 2019) and contributing about 60% of freshwater river flow, transboundary rivers will need to be considered in the context of climate adaptation. Freshwater in these politically-divided hydrologic units comprises a dwindling resource, particularly when considering the projected effects of climate change, urbanization, population growth, and uneven patterns of economic development, emphasizing the need for institutional mechanisms, including freshwater agreements, to consider climate adaptation to govern these shared resources. The question then becomes: do these agreements directly or indirectly address climate change, and are they evolving to reflect these emerging and future challenges? To answer this, this paper contributes to the update of the International Freshwater Treaties Database (IFTD) within the Transboundary Freshwater Diplomacy Database by coding the newly updated database for climate change provisions and related provisions that could help address climate adaptation without explicit reference. In addition to understanding the scope of de jure mechanisms within freshwater treaties, the analysis enables temporal and spatial patterns to be determined, helping to see how treaties have evolved over time and where potential gaps in governance capacity may be relative to areas that have a higher likelihood of water-related impacts from climate change. This presentation fits within the Congress sub-theme: Water Law and Governance for Climate Change Adaptation and Mitigation, by evaluating existing legal frameworks for transboundary waters on their capacity for climate adaptation and on the evolution of freshwater treaties to include climate change specifically within their provisions.

1. Thematic overview

Since the 1960s, Switzerland and France have intensified their cooperation on water issues in the Lake Geneva region through various agreements, covering a wide range of topics (the Franco-Swiss Genevese Aquifer, water pollution, hydroelectricity, navigation, fishery etc.) and characterised by collaboration in joint commissions.

In September 2025, the Swiss-French cooperation was further expanded with the signing of two new agreements governing the water management of the Rhône River and Lake Geneva. The two agreements aim to better address the common challenges of transboundary water management in the context of climate change.

2. Key issues

The two new agreements enable Switzerland and France to obtain an overview of both water bodies and improve the information exchange.

With the agreement on the Rhône River, a new joint commission is being established whose main tasks are to provide an overall perspective, facilitate the management of water resources by the existing bodies, and identify the current and future challenges related to this management, particularly with regard to climate change.

The Agreement on the Regulation of Lake Geneva establishes close coordination between the two countries in situations of tension and during crises, such as droughts or floods, concerning the management of the lake’s water level. The specific procedures established for such situations will be briefly presented.

3. Conclusion

The two new agreements provide a contemporary example of how states are intensifying their cooperation concerning transboundary waters in order to respond jointly more effectively to the challenges of climate change.

4. Relevance to the Congress thematic framework

The presentation deals with legal and governance mechanisms for climate change adaptation in water management and provides valuable contribution for closer inter-state cooperation on this matter.

The Latin American macro-region is one of extremes—home to tropical rainforests on one hand, and the world’s driest non-polar desert on the other—and climate change is exacerbating the divide between “haves” and “have-nots” with respect to water. Water stress is at an all-time high in Latin America, particularly in the deserts of Mexico, Chile, and Argentina. Given these trying circumstances in an age of climate change, cooperative management of transboundary basins is more important than ever to ensure equitable access to water for all.

There exists a gap in research collectively surveying and analyzing transboundary basins in Latin America. This article will fill that gap by surveying major transboundary basins of Latin America, identifying basins with formal cooperative frameworks and those with informal cooperation or none. It will then examine the instruments underlying formal cooperative frameworks and the basin-level management organisms created by them to gain a fuller understanding of the extent and efficacy of transboundary basin cooperation in Latin America. Then, it will conduct a qualitative comparative analysis of these different basins to determine the positive and negative effects of these frameworks and cooperation—or a lack thereof—on basin-level water quantity and quality as well as equity in distribution of water amongst Latin American countries.

The article will conclude that, although Latin American countries are successfully cooperating with respect to transboundary basins in many cases, there remain challenges to effective implementation of these frameworks to ensure that transboundary basins are cooperatively managed and transboundary waters equitably distributed. It will then recommend that transboundary basins be governed by a cooperative framework utilizing best practices for integrated water resource management while taking into account the unique character of each basin and the nations it serves.

This paper undertakes a critical analysis of the UN Watercourses Convention, suggesting that water law frameworks adopt a preemptive approach to peace and security, where these three appear as naturally aligned. By problematizing this linearity and rationalist mode of thinking, it brings to fore practices of informal cooperation, which can offer alternate ways of knowing and seeing water. Through specific examples of practices around Nature-Based Solutions in the Himalayan ecosystem, questions related to water and diplomacy are revisited. By focusing on functional networks on transboundary rivers, it elicits insights for navigating international water law frameworks anchored to the notion of sovereignty, no harm principle and reasonable and equitable use. Understanding the challenge of governing shared water resources not only raises fundamental questions about how we think about norms , structures and actors that govern cooperation but also unsettles the nature of knowledge systems that inform ways through which norms themselves are constituted and framed. To what extent are regional practices and knowledge systems consistent with these norms, and do they, in any way, nudge us to rethink the basis on which these norms are imagined and articulated? The paper would critically engage with questions that sit at the intersection of water laws and governance for climate change, hinged on adaptation and mitigation frameworks anchored to discourses around nature-based solutions in South Asia. By doing so, it not only offers insight into potential conversations among regional ideas, practices, and international water law but also elicits the limitations that govern these regional practices, addressing conversations between water governance and climate change. The primary objective of this article is to examine how cooperation across rivers, through informal channels and mediated by the roles of non-humans, affective channels, and plurality of international legal conventions can open up conversations on rethinking law, peace, and diplomacy.

This presentation examines how International Environmental and Human Rights Law can complement International Water Law in terms of public participation in transboundary water management.

Rights-based approaches, including effective engagement of local communities, are essential to sustainable transboundary water management. Ensuring the fair use of these waters is necessary for respecting community rights. Local engagement guarantees that management strategies and practices are socially acceptable, culturally appropriate, and environmentally sustainable. Local communities possess extensive knowledge about their “home rivers," including seasonal flow patterns, ecosystem changes, and water quality. Moreover, community engagement can also cause mistrust if not implemented properly.

Local community engagement is particularly important when States are planning projects on transboundary waters. For instance, when a State plans to construct a hydropower project on shared waters, it is required to carry out a Transboundary Environmental Impact Assessment (TEIA), which typically includes a stage for public participation. The assessment primarily aims to ensure a thorough evaluation of the potential environmental impact and to implement suitable mitigation measures to protect biodiversity, while also considering the community's livelihood. However, in practice, this stage often manifests merely as a swift administrative formality rather than meaningful involvement of the affected communities.

In this context, International Water Law falls short as neither of the two primary global water conventions contains explicit provisions devoted to public participation in water-related activities. Instead, these conventions predominantly focus on inter-state cooperation over transboundary waters, thus indirectly addressing the rights of local communities through inter-state obligations. This gap raises a critical question: Can International Environmental Law or Human Rights Law provide a complementary legal framework to ensure effective public participation in transboundary water management? This presentation suggests that solutions may lie beyond International Water Law.