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In this book I set myself two objectives. First, I wished to provide answers to a policy-relevant scenario where two countries decide to cooperate in the field of transboundary aquifers. Second, by exploring the scenario just mentioned I aimed to shed light on the extent to which the emerging international law of transboundary aquifers reflects customary international law, with a particular focus on the Draft Articles.

This chapter will explore the relevant international legal instruments available for the two countries in their plea to manage a specific transboundary aquifer and that constitute the emerging international law of transboundary aquifers.

This chapter will provide an answer to the final question in the scenario by first analysing the debate on the future format of the Draft Articles. The chapter moves on to discuss the legal nature of the Draft Articles in their current format. The third section of the chapter explores the role of customary international law in the scenario that permeates the book.

The chapter will focus in particular on the Draft Articles and its content in addressing the second part of the scenario. The chapter will first look at the relationship between equitable and reasonable utilisation and the obligation not to cause significant harm. It will then analyse the presence of sovereignty in the Draft Articles and its relationship with the general obligation to cooperate and the management of transboundary aquifers. The chapter will then explore procedural provisions present in the Draft Articles with special emphasis on how they enable equitable and reasonable utilisation, the no harm rule and cooperation to function. It will end with the provisions aimed at protecting and preserving the transboundary aquifer.