Why has the process for entry into force of the Convention been slow?
A5: As of September 2013, the UNWC has 31 contracting states – 4 short of the number required for entry into force as stipulated in Article 36 of the Convention. Arguably, the ratification process has been slowed down, inter alia , by the following factors:
(1) The Convention is a global treaty that deals with transboundary waters and interstate cooperation. These are sensitive and highly politicized issues;
(2) many nations, including those satisfied with existing watercourse agreements or island states with no transboundary waters, may regard a global regulation of international watercourses as not directly relevant to them, and they may thus prioritize treaties of immediate national interest;
(3) upon its adoption, the Convention did not benefit from a strong champion to lead/be at the helm of the ratification process;
(4) the 1990s was a decade of “treaty congestion”, with the controversial process for entry into force of the Kyoto Protocol under the UN Framework Convention on Climate Change (UNFCCC) dominating the international spotlight;
(5) insufficient attention was paid to the Convention following its adoption, which may have contributed to misunderstanding and low levels of awareness among states and international actors of the Convention's content and value (a 2007 survey of West African states found that few ministries responsible for water-related issues were familiar with the Convention);
(6) there was an unjustified fear among states that the Convention disregards a state's sovereignty over its territory.