The International Law Commission's Draft Articles on Transboundary Aquifers: striking the appropriate balance between sovereignty and international cooperation

Groundwater is a vital resource that is largely out of sight and out of mind. Activities worldwide are rapidly increasing the pressure on this important but invisible freshwater resource, causing widespread quantity depletion and quality degradation. To prevent a future water crisis, the International Law Commission's 2008 Draft Articles on Transboundary Aquifers became the first global instrument to address the management of transboundary aquifers, whether hydrologically connected to a system of surface waters or not. This article examines the progressive development of international law through the Draft Articles and considers the balance struck between territorial sovereignty and international cooperation in the context of groundwater resources. Reflecting on the various approaches towards sovereignty over shared natural resources, the history and development of Draft Article 3 on sovereignty, and the obligations of international cooperation which purport to limit State sovereignty, this article concludes that the appropriate balance has been struck, reflecting the theory of limited territorial sovereignty with hints of the notion of a community of interest.