Professor Dr Patricia WoutersChair International Water Law & Policy

Transboundary Boundaries: Water Law & Policy Transboundary Boundaries: Water Law & Policy

• Water (law)• Transboundary • Challenges

Context: 24 UN agencies (water); Interdisciplinary; global remit

Water Law?Water Law?

Question: What does water law have to do with it?

Water Law: 3 research areas

International water law

National Water Law

Trans-National Water Law

Mekong

Nile

Licences

Pollution

Good Governance

PPP

Research and Development: Water Law

How would YOU

solve the world’s water problems?

Addressing the Global Water Challenge

The globalwater

challenge1.2 billion without drinking water

250 major international rivers

2.4 billion without sanitation

– the fish?– the dams?– the cotton?– the people?

….. and Why?

“Who” should get “what” “water”?

A new wave of Water Wars?

Water Wars?

Water Wars in the future?Water Wars in the future?

Across the world, they are coming: the water wars. From Israel to India, from Turkey to Botswana, arguments are going on over disputed water supplies that may soon burst into open conflict. Yesterday, Britain's Defence Secretary, John Reid, pointed to the factor hastening the violent collision between a rising world population and a shrinking world water resource: global warming….

The Independent (28 Feb 2006)

Water Wars in the future?Water Wars in the future?

“Britain must be prepared for humanitarian disaster relief, peacekeeping and warfare to deal with the dramatic social and political consequences of climate change. ”

“Impacts such as flooding, melting permafrost and desertification could lead to loss of agricultural land, poisoning of water supplies and destruction of economic infrastructure.”

“Mr Reid signalled Britain's armed forces would have to be prepared to tackle conflicts over dwindling resources.”

The Independent (28 Feb 2006)

Who should get what “water” and why?Who should get what “water” and why?

How to reconcile competing uses?

Water wars?

Who gets priority?

Ecosystem?

Upstream?

Downstream?Agriculture?

Industry?

Domestic?

Poor?

What rules and principles govern?

Customary and treaty law

“equitable and reasonable utilisation” of shared waters

Rule of International Water LawRule of International Water Law

Art. 5: Equitable and Reasonable UseArt. 5: Equitable and Reasonable Use

Watercourse States shall in their respective territories utilise an international watercourse in an equitable and reasonable manner. In particular, an international watercourse shall be used and developed by watercourse States with a view to attaining optimal and sustainable utilization thereof and benefits therefrom taking into account the interests of the watercourse States concerned consistent with adequate protection of the watercourse.

Conflict of use International Watercourse Fish? Dams? People?

Upstream State(hydro-electric dam)

Downstream State(irrigation)

What role for Water law??

Selected international basin (legal) disputes

Danube

Uruguay

Tajo/Tagus

Nile

Sesan

Research and Development: Water Law

Water Law = Water for All

Legal Assessment Model (LAM)

Legal Analytical FrameworkLegal Analytical Framework

Substantive RulesEquitable and reasonable use

Procedural Rules

Implementation•Institutional mechanisms

•Dispute settlement

• Compliance

Scope

Defines rights & responsibilities of

users

Ensures compliance and accommodates

changes in circumstances

What uses?

What waters?

What users?

Implementing “Equitable and Reasonable Utilisation” – the Legal Assessment Model (LAM)

MozambiqueMozambique

PalestinePalestine

ChinaChina

The Legal Assessment Model

Law Hydrology Economics Phase IDefining Scope

Phase IIData

Collection

2. Data Collection Tools

• Legal Audit Scheme• Relevant Factors Matrix• Glossary of Terms

Phase III

Evaluation

• Legal • Hydrological• Economic

• Methods• Techniques• Legal Parameters

Phase IV Options ensuring equitable entitlement

1. Defining Scope

3. Evaluation

4. Legal Options

“All Relevant Factors”

Water for All -- How?

Climate ChangeClimate Change

Global ChangeGlobal Change

StakeholdersStakeholders

UNESCO HELP programme“innovative management approach”

• stakeholder driven

• 67 basins around the world

• interdisciplinary engagement

HELP BasinsHELP Basins•                  

Uptake & Dissemination

67 HELP basins worldwide

The Global Water Challenge:

1. Conflicts of use are inevitable – strong need for effective local water Governance

2. “Water Law = Water for all” (legitimate framework for identifying

and balancing all competing needs)

3. Operationalising an interdisciplinary approach

Water Law / Transboundary IssuesWater Law / Transboundary Issues

• Water law

• Transboundary

• Challenges

Rules of the Game (3 levels)

“All relevant factors”

• Global change

• Water Security

• Poverty focus

Water Law, Water Leaders

Water Law, Water Leaders programme

New generation of local water leaders

“frightening lack of leadership”

Research Questions Research Questions

1. Water Security: what science to influence “water for all”? Implementing “all relevant factors” (equity)

2. Regional Peace: frameworks3. Leadership: stakeholder

engagement / mentoring

THANK YOU !THANK YOU !DundeeDundee

UNESCO Centre of Water Law, Policy UNESCO Centre of Water Law, Policy & Science& Science