The "Doctrine of Coordinated Investments" for peaceful and effective transboundary water cooperation in the developing world
Olivier Cogels, update of 25 December 2023
In addition to embracing the principles of no harm, equitable utilization, and prior notification, the "Doctrine of Coordinated Investments" encompasses the principle that all significant water-related investments in a transboundary river or lake basin or sub-basin should be planned and managed in a coordinated manner by all concerned countries.
Why should the issues around investment most often be the central focus of transboundary water cooperation in the developing world ?
In the developing world, population growth, economic development, and climate change are exerting ever-increasing pressures on increasingly scarce water resources. The growing demand for water and energy and the need to strengthen the protection of populations against hydro-climatic hazards are leading to significant investment needs in water infrastructure. For energy production, domestic and industrial water supply, irrigation, flood protection, wastewater treatment, ecosystem protection, navigation, mining, and more. In most developing countries, investments in water infrastructures are thus likely to continue at a sustained pace for several decades.
But uncoordinated water-related investments in international river basins increase the risks of conflicts between riparian states of shared watercourses. Unfortunately, history shows that when large investments are planned unilaterally or in a non-coordinated manner, they generally lead to conflicts. Addressing the investment needs in a collaborative and holistic way is thus essential to ensure that they benefit all parties involved and do not exacerbate existing tensions or inequalities. Hydrodiplomacy or water diplomacy can provide an effective framework and a set of tools for preventing conflicts and ensuring sustainable investment decisions. And considering the reality, presented above, the issues around investments should be at the heart of water diplomacy in the developing world.
Commonly adopted doctrine
A doctrine is a set of ideas, principles, or policies that guide thought and action in a particular domain. In the field of transboundary water resources management, the doctrine commonly adopted and on which most cooperation agreements between riparian states are based is known as the "Doctrine of Limited Territorial Sovereignty." According to this doctrine, each state remains free to use the waters of a shared watercourse crossing its territory, on the basis of three principles: the principles of equitable and reasonable use, non-harm, and prior notification. This means that states must ensure that their water use is fair and does not negatively impact other riparian states. Additionally, states are expected to provide prior notification to other states that share the same watercourse before undertaking any significant water resource development or utilization projects. The doctrine also encourages riparian states to engage in cooperation and dialogue to promote effective and sustainable management of shared water resources.
The Doctrine of Limited Territorial Sovereignty is widely recognized as the basis of modern international law on transboundary waters. It has the merit of recognizing the rights of upstream and downstream states, promoting reasonable water use without seriously harming the interests of other riparian states. However, the notions of harm and equity are imprecise and subject to interpretation, which makes their implementation sometimes difficult and leaves the door open to potential conflicts.
Proposing the "Doctrine of Coordinated Investments"
While the principles of the Doctrine of Limited Territorial Sovereignty are essential, they may not always be sufficient to address the complex water-related challenges faced by developing countries. In many basins, effective transboundary water cooperation requires a coordinated approach to planning and managing investments that could have significant transboundary impacts. This is why I believe that in many parts of the world there is a urgent need to promote a "Doctrine of Coordinated Investments", as I suggested during the International Water and Peace Conference of the Water Diplomacy Consortium (WDC), held in The Hague in November 2013 and further explained in an article published in "Hydro Diplomacy. Sharing Water Across Borders", Academic Foundation, New Delhi. 2014.
In addition to embracing the principles of no harm, equitable utilization, and prior notification, the "Doctrine of Coordinated Investments" encompasses the principle that all significant water-related investments in a transboundary river or lake basin or sub-basin must be planned and managed in a coordinated manner by all concerned countries. This means that there should be a legal obligation to coordinate major investments at the basin or sub-basin scale. Adopting this principle more strongly than is currently the case in many basins is in my view crucial to avoid conflicts over water, energy, and food security in countries where significant investments are still needed.
Coordination of investments at the basin scale is not new and several basin treaties already include an agreement to plan and implement what is often called a 'Basin Development Plan'. This usually establishes the objectives, strategies, and actions to be implemented for the sustainable management of water resources and socio-economic development in the concerned river basin. Sometimes, as in the case of the Senegal and Niger River basins, these plans translate into actual joint investment programs - or joint project portfolios - approved at the highest level of riparian states. But in many other basins, the basin development plan does not include all major investments or is limited to strategic directions. Approaches such as those adopted by the Senegal River Basin Organization (OMVS) and the Niger Basin Authority (NBA) should be more widely adopted. Considering this, I strongly believe that the 'Doctrine of Coordinated Investments' should be recognized by the United Nations, the African Union, and other major international institutions as the main water diplomacy and policy doctrine for transboundary water cooperation in the developing world.
Recommendations for its implementation
The steps or principles I recommend for effective implementation of this doctrine is as follows:
Coordination of investments at the basin scale is not new and several basin treaties already include an agreement to plan and implement what is often called a 'Basin Development Plan'. This usually establishes the objectives, strategies, and actions to be implemented for the sustainable management of water resources and socio-economic development in the concerned river basin. Sometimes, as in the case of the Senegal and Niger River basins, these plans translate into actual joint investment programs - or joint project portfolios - approved at the highest level of riparian states. But in many other basins, the basin development plan does not include all major investments or is limited to strategic directions. Approaches such as those adopted by the Senegal River Basin Organization (OMVS) and the Niger Basin Authority (NBA) should be more widely adopted. Considering this, I strongly believe that the 'Doctrine of Coordinated Investments' should be recognized by the United Nations, the African Union, and other major international institutions as the main water diplomacy and policy doctrine for transboundary water cooperation in the developing world.
Recommendations for its implementation
The steps or principles I recommend for effective implementation of this doctrine is as follows:
- Primary Focus: Cooperation in the developing world should be primarily focused on economic growth and poverty alleviation.
- Enhancing Water, Energy and Food Security: The primary goal of the collaborative effort should be to enhance water, energy, and food security in an integrated and sustainable manner for all participating countries.
- Optimizing Investments: This necessitates optimizing investments at the basin level, ensuring that the interests of each country are balanced and adequately addressed.
- Joint Multi-Sectoral Program Approach: All water-related investments – encompassing water infrastructures, human and institutional capacities, and environmental protection measures – should ideally be planned and implemented as part of a major 'joint multi-sectoral investment program'. Consolidating efforts into a single, comprehensive, and highly visible program is advisable, rather than scattering efforts across multiple, fragmented projects.
- High-Level Endorsement: The joint investment program, designed for the entire basin or a sub-basin, should undergo negotiation, approval, and endorsement at the highest political levels.
- Coordination Mechanism: Establishing a coordination mechanism for the collaborative operation of all major existing and future infrastructures is crucial to maximize efficiency and ensure equitable benefits.
- Media Coverage: The joint program should receive prominent media coverage to secure public support.
- Realizing Tangible Benefits: A critical aspect is the swift realization of tangible benefits for local populations, reinforcing the positive impact of the joint program and the importance of integrated, basin-wide cooperation.
In other words, the aim is to promote cooperation with a clearly economic character, based on the implementation of a joint multisectoral investment program to achieve common objectives at the basin or sub-basin level. Investments are optimized and coordinated to meet the interests of each concerned country, with the aim of quickly producing tangible results for the benefit of the populations. Finally, the program must be widely publicized and have the support of public opinion to ensure long-term success.
Conclusion
The adoption of the "Doctrine of Coordinated Investments" as a key water diplomacy and policy doctrine for tranboundary water cooperation would represent a significant advance in conflict prevention and collaborative management of shared water resources in developing countries where there is still a need for more water-related infrastructures.
However, asking sovereign countries to agree upon an obligation of investment coordination at basin scale is a daunting task. One of the major obstacles is the lack of political will among riparian states, who may have conflicting interests when it comes to water-related investments. Too many States prioritize their own economic development over the interests of other riparian states. And demonstrating the benefits of cooperation and the cost of non cooperation is not easy at all. This is one of the main wtaer diplomacy challanges.
Nevertheless, the promotion of this doctrine should in my view be an imperative for the international community, including the United Nations, Regional Intergovernmental Organization, International River Basin Organizations, Development Banks, and others. It is indeed a key for ensuring peaceful, sustainable and equitable use of water resources in the developing world.
Conclusion
The adoption of the "Doctrine of Coordinated Investments" as a key water diplomacy and policy doctrine for tranboundary water cooperation would represent a significant advance in conflict prevention and collaborative management of shared water resources in developing countries where there is still a need for more water-related infrastructures.
However, asking sovereign countries to agree upon an obligation of investment coordination at basin scale is a daunting task. One of the major obstacles is the lack of political will among riparian states, who may have conflicting interests when it comes to water-related investments. Too many States prioritize their own economic development over the interests of other riparian states. And demonstrating the benefits of cooperation and the cost of non cooperation is not easy at all. This is one of the main wtaer diplomacy challanges.
Nevertheless, the promotion of this doctrine should in my view be an imperative for the international community, including the United Nations, Regional Intergovernmental Organization, International River Basin Organizations, Development Banks, and others. It is indeed a key for ensuring peaceful, sustainable and equitable use of water resources in the developing world.
COGELS, O.G., 2013: 'Hydro-diplomacy: Putting cooperative investment at the heart of transboundary water negotiations.' International Water and Peace Conference. Water Diplomacy Consortium (WDC), The Hague, 14-15 November 2013