THE ENVIRONMENT AS A LEGAL STAKEHOLDER: SECURING ECOLOGICAL FLOW IN TRANSBOUNDARY WATER AGREEMENTS (A STUDY OF THE ARAL SEA BASIN AND THE SUDOCHYE LAKE SYSTEM)

Abstract

Transboundary water agreements have traditionally focused on the allocation of water resources among states and economic sectors, while the water requirements of deltaic ecosystems have often received comparatively limited attention. The environmental changes observed in the Aral Sea and its surrounding wetlands highlight the importance of incorporating ecological considerations more systematically into water governance. This article examines the potential benefits of recognising the natural environment as an independent water user with a legally protected, scientifically determined and enforceable entitlement to an 'ecological flow'. Using the Sudochye lake system in the Amu Darya delta as a case study, the article explores opportunities for strengthening the legal recognition of ecosystem water requirements, identifies the hydrological, water-balance, salinity, groundwater and biological indicators needed to determine a sustainable minimum ecological flow, and proposes a basin-wide Ecological Flow Protocol. Additional recommendations include an independent ecological trusteeship, satellite-based verification, a compliance committee and structured third-party dispute settlement mechanisms to support effective transboundary cooperation.