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