20 October 

Mr. Chairman,

The delegations of Argentina, Brazil, Paraguay and Uruguay are pleased that the General Assembly, in three occasions, at its 63rd, 66th and 68th sessions, not only took note of the draft articles of the International Law Commission, but also brought them to the attention of States and decided to include the topic "The Law of Transboundary Aquifers" on the agenda for this session.

Mr. Chairman, our delegations reiterate their appreciation of the work of the International Law Commission, under the knowledgeable guidance of the Special Rapporteur on this topic, Ambassador Chusei Yamada, who presented draft articles on the law of transboundary aquifers with their respective commentaries at the 63rd session of the General Assembly. We would like to highlight once again the valuable work of the Special Rapporteur, Mr. Yamada, who has addressed the topic of aquifers, in his various reports, with dedication and expertise, seeking the advice of experts in hydro-geology and related matters to achieve better understanding of the nature and functioning of aquifers, and to duly evaluate the prospective areas for regulation. The Hydrological Programme of UNESCO (IHP) in collaboration with other institutions, including the International Association of Hydrogeologists (IAH), played a key advisory role.

We also renew our appreciation for the fruitful work of the Working Group chaired by Ambassador Enrique Candioti for several years.

Moreover, we appreciate the attention that the Special Rapporteur and the Commission gave to transboundary aquifers in the world, recognizing their respective specificity, including the extensive Guarani Aquifer System, located in the national jurisdictions of Argentina, Brazil, Paraguay and Uruguay.

Mr. Chairman, The Commission's draft articles are the first systematic formulation of international law at the global level applicable to such aquifers. The draft articles define a set of principles and basic rules for harmonizing the use of underground water reservoirs that are intersected by international boundaries, indicate cooperation mechanisms for the responsible management of aquifers by neighboring states in order to avoid disputes, and preserve the vital freshwater reserves for present and future generations. They did so with clarity, objectivity and in a balanced manner.

The delegations of Argentina, Brazil, Paraguay and Uruguay reiterate that they share the approach taken by the Commission in the formulation of general rules on the matter as normative propositions. We emphasize that the draft begins with the recognition that the States in whose territory the aquifers are located have sovereignty over the portion of the aquifer or aquifer system located within their territory.

This sovereignty must be exercised in accordance with international law and, in particular, with the principles and rules developed in the draft articles. Such a provision confirms, in fact, that the aquifer and its resources belong to the States where they are located, without prejudice to existing obligations to cooperate for their rational use and preservation; such obligations are incumbent on all States which exercise sovereignty over the various parts of an aquifer or aquifer system.

In accordance with the draft articles, States that have transboundary aquifers also have the responsibility to develop effective mechanisms of cooperation for their equitable and reasonable management. Another key aspect of the draft articles are the environmental obligations, such as the obligation not to cause significant harm, the duty to prevent, reduce and control pollution of the aquifer, the duty to apply the precautionary approach in case of uncertainty, the obligation to protect and preserve ecosystems, and the obligation to notify planned activities which may affect a transboundary aquifer or aquifer system, with the duty to submit technical data and environmental impact assessments.

The draft also foresees the possibility and the advantage of providing international technical cooperation to the states of a transboundary aquifer which are developing countries.
Mr. Chairman, On August 2, 2010, the Foreign Ministers of the four countries signed the "Agreement on the Guarani Aquifer", as well as a Joint Declaration, in which they reaffirmed the willingness to move forward in defining the programmatic aspects for the prompt and effective implementation of the Agreement.

The document came about as a step forward in the harmonious development of water resources and physical integration, in accordance with the objectives of the Treaty of the Plata Basin, and seeks to be loyal to the principles on the protection of natural resources and the sovereign responsibility of states regarding their rational utilization, in accordance with the 1972 Declaration of the United Nations Conference on the Human Environment, and to the responsibility to promote sustainable development for the benefit of present and future generations, in accordance with the 1992 Rio Declaration on Environment and Development.

The Agreement on the Guarani Aquifer constitutes for the four countries a highly relevant political and technical instrument, as it aims to strengthen cooperation and integration between Argentina, Brazil, Paraguay and Uruguay, and to expand the scope of concerted action for the conservation and sustainable use of transboundary water resources of the Guarani Aquifer System, which is located in their territories.

We are convinced that the Agreement also represents an important contribution of our region to this topic, being the first multilateral agreement on activities specifically linked to a transboundary aquifer in South-America. I would also like to emphasize that, by means of this agreement, the four countries are among the first ones to implement resolution 63/124, by which the General Assembly took note of the draft articles and encouraged the States concerned to enter into bilateral or regional arrangements for the proper management of their aquifers taking into account the provisions of the draft articles, as expressed in the Preamble of the Agreement. This information is mentioned in the Report of the Secretary General (A/66/116), and the text of the Agreement was provided to the Secretariat.

The delegations of Argentina, Brazil, Paraguay and Uruguay are convinced that the next step of the General Assembly on this issue should be one with which all delegations are comfortable. For our four delegations, this would be the case if the General Assembly adopted the draft articles contained in the annex of resolution 63/124 in the form of a Declaration of Principles on the Law of transboundary aquifers, to be considered for bilateral or regional agreements of adequate transboundary aquifer management.

Mr. Chairman, You can count on the commitment of our four countries to work with you and other delegations so that the consideration of this issue will bear a significant result. Thank you.-