How best to incorporate conjunctive water management into international water law legal amendment, instrument coupling, or new protocol adoption

Abstract

International water conventions—e.g., the 1997 United Nations Convention on the Non-Navigational Uses of International Watercourses—include positive but insufficient focus on groundwater and its interaction with surface water. As such, a growing body of literature has proposed modifications to existing frameworks to enable consideration to surface and groundwater and their interactions. While this literature places considerable focus on coupling and amending existing legal frameworks, elaboration and evaluation of a new protocol on conjunctive water management comprises a key gap. To fill this gap, this paper seeks to answer the following question: does formulation and adoption of a new “conjunctive” protocol provide more value than existing proposals centered around modifications to existing law?