2002 Agreement on Al-Kabir Al-Janoubi River (Lebanon-Syria) Agreement informed by IWL principles Agreement is derived from relevant provisions of international law and, in particular, the United Nations Convention
Participants will play the role of the diverse negotiatiors and external parties involved in the negotiations for a new Nile Treaty
Discuss and reflect on the application of the UN Convention articles:
EXERCISE 2: Nile Basin case – how to apply IWL?
Which body will be responsible?
Article 33: Settlement of disputes
How this relates to old and new hydraulic infrastructures?
Articles 24, 25 and 26: Management and regulation
How to include, guarantee and protect ecosystems?
Which mechanisms can be used?
How this relates to old and new hydraulic infrastructures?
Articles 20, 21 and 23: Protection of ecosystems and the marine environment, prevention of pollution
How to share data?
What about prior notification?
Which mechanisms to notify and inform?
Which institution will supervise the process?
Articles 8 and 9: General obligation to cooperate, regular exchange of data and information
How to measure harm?
Which are the obligations of upstream countries?
What happens to “prior” uses?
Article 7: Obligation not to cause serious Harm
How to translate equitable and reasonable on the ground?
Weight of each factor?
How to define the water allocation of each of the 10 riparians?
What occurs if new infrastructures are built?
Articles 5 and 6: Equitable and reasonable utilization and participation and related factors Potential Nile Treaty UN Convention
Discuss and reflect on how to operationalise the Principle of Equitable and Reasonable Utilisation in the Nile River Basin:
EXERCISE 2: Nile Basin case – how to apply IWL? 7 - The availability of alternatives, of comparable value, to a particular planned or existing use. 6 - Conservation, protection, development and economy of use of the water resources of the watercourse and the costs of measures taken to that effect; 5 - Existing and potential uses of the watercourse; 4 - The effects of the use or uses of the watercourses in one watercourse State on other watercourse States; 3 - The population dependent on the watercourse in each watercourse State; 2 - The social and economic needs of the watercourse States concerned; SOME RELEVANT QUESTIONS: Weight of each factor? Future needs vs. Present uses? Existing vs. Potential uses? Impacts of water utilisation upstream – how to measure? Alternative water resources – within or outside the Basin? 1 - Geographic, hydrographic, hydrological, climatic, ecological and other factors of a natural character; Potential Nile Treaty FACTORS (Art. 6 UN Convention)
Nexus – Water, Law and Politics WATER LAW & POLITICS
NEGOTIATIONS OF TRANSBOUNDARY WATER LEGAL AGREEMENTS
ARE HIGHLY POLITICISED PROCESSES –
Asymmetric Power Politics are determinant
Contextual power is key for conclusion/delaying of agreements
Equitable and reasonable utilisation is difficult to operationalise
Negotiations on volumetric water allocations are highly problematic
International Water Law
Set of useful guidelines for transboundary water management
ILW: A mean, not an end by itself
Power Politics International Water Law
Power Politics Negotiations & Political Commitment
Law as a tool for conflict resolution/ prevention?
3 HYDROPOLITICAL COOPERATION 1 NEXUS WATER AND POLITICS
3 - CONFLICT RESOLUTION AND COOPERATION
Transboundary river basins: Conflict or/and Cooperation?
Conflicts, diplomacy and deadlocks
Transboundary cooperation – overcoming deadlocks?
Main cooperative attempts in the MENA region
Cooperation is as political as water
EXERCISE 3: If I was a donor…
Transboundary river basins: Conflict or Cooperation? CONFLICT COOPERATION CONFLICT ? COOPERATION ? Reality is not Black & White ! Conflict and Cooperation Co-exist Mirumachi 2007 HOW?
Diplomatic conflict, not war! Wolf et al 2003 Diplomatic, strong or mild verbal official hostility Conflict resolution: Political and diplomatic
Typical conflictive situation Typical conflictive situation Riparian A Riparian B Deadlock
Agree in positions
No political commitment
No common projects
Use egoistic arguments
Confidentiality of information
Play with time
Cooperation – Overcoming the deadlocks Deadlock COOPERATION How? Capacity- Building Information Sharing Applied Training Stakeholder Involvement Shared Vision Joint Projects Benefit- Sharing Legal and Institutional Frameworks Socio-econ. development River Basin Organisation (RBO)
Main cooperative attempts in the MENA region ...
JWC goal: the implementation of the water clauses of the Peace Treaty
Continued in functions despite of conflicts between countries
Several problems to disentangle ambguities embedded in the treaty
Israeli–Jordanian Joint Water Committee (just Israel and Jordan) Currently no donors support projects not licensed through the JWC
Goal: rational water resource management and IWRM
JWC: decisions on water projects in te West Bank by consensus
Presented as model of cooperation
Criticism: domination dressed up as cooperation (Israel: Veto & licensing)
Israeli–Palestinian Joint Water Committee (just aquifers, not Jordan River) UNESCO, Private Sector, Universities
No cooperation at interstate level
Civil society engagement
Aims facilitating cooperation
Goals: Capacity-building and institutional strengthening
Euphrates-Tigris Initiative for Cooperation (not governmental, just civil society of 4 riparians) Tigris-Euphrates Basin United States, France, EU, the Netherland, Canada
Forum whereby infrastructure, research and negotiations are launched
Small-scale projects (eg wastewater treatment)
EXACT (3 riparians) Jordan Basin International Atomic Energy Agency, UNDP, GEF, UNESCO
Goal: rational and equitable management of the NSAS
In the first stages of cooperation (setting)
Not yet legal and insitutional framework neither projects
Nubian Sandstone Aquifer System Project (all 4 riparians) Nubian Aquifer World Bank, UNDP, Denmark, European Commission, France,
Old organisation – since 1964 [Failed to prevent environmental catastrophe]
Goal: regulation and planning of the uses of water and natural resources
Still focusing primarily in surface water, and not groundwater
Ambitious project of water diversion from Congo River to Lake Chad
Lake Chad Basin Commission (5 riparians) (Algeria, Sudan and Libya not members) Lake Chad World Bank, UNDP, African Devel. Bank, Canada, European Commission, France, US
One of the oldest intergovernmental in Africa (Convention signed in 1987)
Goal: integrated water management and economic developemnt
Shared Vision and several inestment projects
Joint basin-wide hydrological monitoring system
Active nvolvement of donors, but also civil society and environmentalists
Niger Basin Authority (9 riparians) (Algeria is not member) Niger World Bank, UNDP, African Development Bank, FAO, GEF, Canada, Denmark, European Commission, Finland, France, Netherlands, Norway, Sweden, UK, Germany, Japan, Switzerland, US
Ambitious goals/ involves all 10 riparians / strong involvement of donors
Shared Vision and Subsidiary Action programs
Capacity-building and trust achieved
Not yet a legal framework or projects on-the-ground
Nevertheless, seen as a good model of cooperation
Nile Basin Initiative (all 10 riparians) Nile Donors Main achievements Initiative Basin
In which Basin/Aquifer would I invest? In those already cooperating, those starting cooperative initiatives, or those displaying no cooperation? And Why?
In which of these fields of activity (or others) would I engage giving financial support? And Why?
EXERCISE 3: If I was a donor… Capacity- Building Information Sharing Applied Training Stakeholder Involvement Shared Vision Joint Projects Benefit- Sharing Legal and Institutional Frameworks
Cooperation is as political as water BASIN/ AQUIFER Multiple stakeholders, positions, decision-making layers, strategies, external actors, ... Multilateral Donor Bilateral Donor Civil Society Riparian C Riparian B Riparian A