El valor jurídico y práctico del proyecto de artículos de la CDI sobre el derecho de los acuíferos transfronterizos

This paper addresses the normativity of the Draft Articles on the law of transboundary aquifers, which are not likely to become an international treaty in the short term. In order to address this issue, the paper focuses generally on work of the United Nations International Law Commission that has not led to an international convention. The comparative analysis undertaken leads to the conclusion that the practical application of the Draft Articles on the law of transboundary aquifers depends less on its final format, and more on the normativity of its content. In other words, what will make the Draft Articles on the law of transboundary aquifers resonate in international practice is the extent to which provisions therein reflect customary international law or represent progressive development in international law. It will also be interesting to see the extent to which future application of the Draft Articles on the law of transboundary aquifers themselves may lead to the development of new international customary law in this field.