IHP-HELP Centre for Water3rd Nile Basin Development Forum                                                     Law, Policy ...
IHP-HELP Centre for Water3rd Nile Basin Development Forum                                                     Law, Policy ...
Coping by Cooperation 1. Global Water & Climate Change Transboundary    Challenges 2. Rule of Law as platform for Dynamic ...
The Global Water ChallengeNo development                                                                     1.2 billionwi...
Availability and Access issues: Too little…IHP-HELP Centre for Water Law, Policy and Science | under the auspices of UNESC...
Availability and Access issues: too muchIHP-HELP Centre for Water Law, Policy and Science | under the auspices of UNESCO  ...
Global water security threat       C. J. Vörösmarty et al., Global Threats to Human Water Security and River Biodiversity,...
Competing Security Challenges| the FEW Nexus                                                               1 bn suffer fro...
Water Security: competing demands WSAF: 1. Legal                                                                          ...
Water | Competing (in)securities                                                            Water Security: “the availabil...
Conflicts-of-use - Water security challenges           BBC NewsIHP-HELP Centre for Water Law, Policy and Science | under t...
Conflicts-of-use over water?                                                            Hydro-diplomacy?IHP-HELP Centre fo...
Water knows no frontiers                                                   “Fierce competition for                        ...
Platform for Cooperation = The Law of Nations“to maintain internationalpeace and security …and ...the fundamental freedoms...
International Water Law / Law of Nations                     Law of nations                                               ...
Building Certainty: Legal Analytical Framework                 Scope                                  What uses?          ...
Building Certainty: Legal Analytical Framework  Key Elements                        Details  1. Scope                     ...
Climate change impacts on the Nile (IPPC)  1. Uncertainty                                   • High uncertainty:           ...
Climate Change – addressing uncertainties                                                       Uncertainty               ...
Building certainty: Rule of Law                                                   Treaty / customary law:                 ...
Rule of law: Universal Treaty: 1997 UN WC• 1997 UN Watercourses Convention (AFW)   – Scope: Art 1   – Substantive rules: A...
Substantive Rule: Equitable and Reasonable UseArt. 5 UNWC - Watercourse                      Art. 7 UNWC - 1. Watercourse ...
Implementing the Rule of LawArt. 6 UN WC - Factors relevant to equitable andreasonable utilization                        ...
Duty to Cooperate – the BRIDGEArt. 5(2) UNWC - Watercourse                       Art. 8 UN WC GeneralStates shall particip...
Dynamic Cooperation in practice“…cooperative action bywatercourse States isnecessary to produce                           ...
Dynamic Cooperation on the Nile1. Substantive Rules-- equitable and reasonable    utilisation2. Procedural Rules-- exchang...
Addressing Water Security: Dynamic CooperationThe only thing that will redeem mankind is cooperationBertrand RussellIHP-HE...
Dynamic Cooperation: streams of action• We should view every regional                    5 streams of action  watershed or...
Context for Adaptive Governance                                                      Disciplinary Interface            Int...
Governance and Dynamic Cooperation1. accountability2. participation3. predictability4. transparency                       ...
Dynamic Cooperation in practice: H20                The H20 paradigm   H                                  H               ...
Adaptive Governance Framework  Dynamic Cooperation                                         Institution  • UN Charter      ...
Building Hydro-diplomacy - capacity towerLocal Water Leaders                     Water                                    ...
Addressing transboundary challenges  1. Dynamic Cooperation: rule of law --        substantive rules + procedural rules + ...
Invitation to Scotland as a Hydro-NationIHP-HELP Centre for Water Law, Policy and Science | under the auspices of UNESCO  ...
THANK YOU !         Dundee     UNESCO Centre forWater Law, Policy & Science
Thank you! www.dundee.ac.uk/waterp.k.wouters@dundee.ac.uk     www.glasgow2015.org
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Pat wouters kigali keynote talk 27 oct 2011 last

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  • International water law finds its foundation within the rules of public international law, and thus is intertwined with those ideals contained in the UN Charter -- maintaining international peace and security, enhancing regional cooperation, preventing threats to the peace, and advancing the fundamental freedoms of all (UN Charter). International watercourses law provides a framework for managing the sustainability of transboundary waters that cross national borders and has evolved through a combination of customary law (state practice) and the codification and progressive development efforts undertaken by the UN, non-governmental organisations, private institutions, national and international judicial decisions, and the resolutions and recommendations of international organizations.Water law serves three key functions:• It defines and identifies the legal rights and obligations tied to water use (broadly defined) and provides the prescriptive parameters for resource development and management;• It provides tools for ensuring the continuous integrity of the regime– that is, through monitoring and assessment of compliance and implementation, dispute prevention, and settlement;• It allows for modifications of the existing regime, in order to be able to adapt to changing needs and circumstances.
  • 5 constituent elements: (i) scope;(ii ) substantive rules; (iii) procedural rules; (iv) institutional mechanisms (v) dispute settlement. This analytical framework is a useful tool in the more rigorous examination of any transboundary watercourse regime.(iii) Procedural rules -- provide the means through which the substantive rules are implemented and provide a framework for the ongoing peaceful management of the watercourse regime(iv) Institutional mechanisms -- such as international watercourse joint bodies and commissions, or meetings of the parties (v) Dispute settlement -- represent the logical compliance component of the transboundary watercourse regime and serve to ensure the peaceful implementation of agreed (legal) regimes concerning international watercourses through negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or alternative arrangements as agreedThis analytical framework is a useful tool in the more rigorous examination of any transboundary watercourse regime.
  • The most significant treaty on international transboundary water law is the 1997 United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses (UN WC).The rules of international law that have evolved from both customary and treaty law now form an identifiable corpus of substantive and procedural rules, and the overall transboundary regime can best be understood through
  • The real wildcard for political and social unrest in the Middle East over the next twenty years is not war, terrorism or revolution—it is water. Conventional security threats dominate public debate and government thinking, but water is a true game-changer in Middle Eastern politics. General Anthony Zinni, former Commander in Chief, U.S. Central Command (2010)
  • Hilary Clinton Speech world Water Day
  • Pat wouters kigali keynote talk 27 oct 2011 last

    1. 1. IHP-HELP Centre for Water3rd Nile Basin Development Forum Law, Policy & ScienceKigali, Rwanda UNESCOClimate Change and its Implications forSustainable Development and Cooperationin the Nile Basin – Threats andOpportunities to Nile Basin Cooperation26-28 Oct 2011 Professor Dr Patricia Wouters
    2. 2. IHP-HELP Centre for Water3rd Nile Basin Development Forum Law, Policy & ScienceKigali, Rwanda UNESCOCoping by Cooperating:Addressing transboundary dimensions ofclimate change - Dynamic Cooperation 27 Oct 2011 Professor Dr Patricia Wouters
    3. 3. Coping by Cooperation 1. Global Water & Climate Change Transboundary Challenges 2. Rule of Law as platform for Dynamic Cooperation 3. Responding to the Challenges IHP-HELP Centre for Water Law, Policy and Science | under the auspices of UNESCO Slide | 3
    4. 4. The Global Water ChallengeNo development 1.2 billionwithout water without safe drinking water and1.4 billion km3 of 2.4 billionwater on Earth without sanitationOnly a fraction wideningreadily available water gap Growing issues of availability, access, and addressing conflicts-of-useIHP-HELP Centre for Water Law, Policy and Science | under the auspices of UNESCO Slide | 4
    5. 5. Availability and Access issues: Too little…IHP-HELP Centre for Water Law, Policy and Science | under the auspices of UNESCO Slide | 5
    6. 6. Availability and Access issues: too muchIHP-HELP Centre for Water Law, Policy and Science | under the auspices of UNESCO Slide | 6
    7. 7. Global water security threat C. J. Vörösmarty et al., Global Threats to Human Water Security and River Biodiversity, 467 Nature (2010) 7315, 555.• Water Security – ‘the state of having secure access to water; the assuredfreedom from poverty of, or want for, water for life.’[P. Wouters, 2005]• 80% of population exposed to high levels of threat to water security… IHP-HELP Centre for Water Law, Policy and Science | under the auspices of UNESCO Slide | 7
    8. 8. Competing Security Challenges| the FEW Nexus 1 bn suffer from hunger 30-50%  in demand by 2030 1.5 bn without access to electricity 2.5 bn without access to modern forms of energy40%  in demand by 2030 0.9 bn lack access to safe water 2.4 bn lack access to improved sanitation 40%  in demand by 2030IHP-HELP Centre for Water Law, Policy and Science | under the auspices of UNESCO Slide | 8
    9. 9. Water Security: competing demands WSAF: 1. Legal What? framework Availability 2. Informed by science 3. Dynamic Access Why? Who? Addressing Conflicts-of- useIHP-HELP Centre for Water Law, Policy and Science | under the auspices of UNESCO Slide | 9
    10. 10. Water | Competing (in)securities Water Security: “the availability of an acceptable quantity and quality of water for health, livelihoods, ecosystems and production, coupled with an acceptable level of water- related risks to people, environment and economies” [Grey and Sadoff 2007] Food Security: “when all people at all times have access to sufficient, safe, nutritious food to maintain a healthy and active life” *WHO 1996] Energy Security: “the uninterrupted physical availability [of energy] at a price which is affordable, while respecting environment concerns” [IEA 2011]IHP-HELP Centre for Water Law, Policy and Science | under the auspices of UNESCO Slide | 10
    11. 11. Conflicts-of-use - Water security challenges BBC NewsIHP-HELP Centre for Water Law, Policy and Science | under the auspices of UNESCO Slide | 11
    12. 12. Conflicts-of-use over water? Hydro-diplomacy?IHP-HELP Centre for Water Law, Policy and Science | under the auspices of UNESCO Slide | 12
    13. 13. Water knows no frontiers “Fierce competition for freshwater may well become a source of conflict and wars in"Water knows no frontiers; the future.” (Annan, 2001)as a common resource itdemands international “But the water problems ofcooperation” our world need not be only aPrinciple XII of the European Water 1967 cause of tension; they can also be a catalyst for cooperation [...] If we work together, a secure and sustainable water future can be ours.” (Annan, 2002)IHP-HELP Centre for Water Law, Policy and Science | under the auspices of UNESCO Slide | 13
    14. 14. Platform for Cooperation = The Law of Nations“to maintain internationalpeace and security …and ...the fundamental freedomsof all … “ UN CharterIHP-HELP Centre for Water Law, Policy and Science | under the auspices of UNESCO Slide | 14
    15. 15. International Water Law / Law of Nations Law of nations Transboundary Rule of law waters Hydro- Hydro- Water security solidarity diplomacyIHP-HELP Centre for Water Law, Policy and Science | under the auspices of UNESCO Slide | 15
    16. 16. Building Certainty: Legal Analytical Framework Scope What uses? What waters? What users? Substantive Rules Defines rights & Equitable and responsibilities of users reasonable use Implementation Ensures compliance and Procedural Rules accommodates changes Institutional mechanisms Dispute avoidance in circumstances /settlementIHP-HELP Centre for Water Law, Policy and Science | under the auspices of UNESCO Slide | 16
    17. 17. Building Certainty: Legal Analytical Framework Key Elements Details 1. Scope • Legal reach (what waters?) • Definitions (watercourse; uses) • Parties (States; RIEOs) 2. Substantive Rules • Legal duties & entitlements (equitable and reasonable utilisation; due diligence; protection) • Rules of substance (general or precise) 3. Procedural Rules • Rules of procedure (duty to cooperate as bridge) • Notification / exchange of information 4. Institutional • Joint bodies (RBOs) • Conference of the Parties (MoP) Mechanisms • Organisations / organs (Ministerial level; other) 5. Dispute Settlement • Dispute avoidance (consultation) • Dispute settlement (Art. 33 UN WC; other) • Compliance verification (reporting; facilitation)IHP-HELP Centre for Water Law, Policy and Science | under the auspices of UNESCO Slide | 17
    18. 18. Climate change impacts on the Nile (IPPC) 1. Uncertainty • High uncertainty: – flow of the Nile 2. Increased – Projected rainfall patterns & influence of complex water water stress in management and water all sectors governance structures – Impact of sea-level rise 3. Impact of – Temperature rises impact with decreasing crop water- external forces use efficiency – Other++IHP-HELP Centre for Water Law, Policy and Science | under the auspices of UNESCO Slide | 18
    19. 19. Climate Change – addressing uncertainties Uncertainty - Climate change++ Certainty - Legal frameworkIHP-HELP Centre for Water Law, Policy and Science | under the auspices of UNESCO Slide | 19
    20. 20. Building certainty: Rule of Law Treaty / customary law: 1. Substantive rules (equitable and reasonable utilisation) 2. Procedural rules (duty to notify and exchange information) 3. Institutional Mechanisms (remit)IHP-HELP Centre for Water Law, Policy and Science | under the auspices of UNESCO Slide | 20
    21. 21. Rule of law: Universal Treaty: 1997 UN WC• 1997 UN Watercourses Convention (AFW) – Scope: Art 1 – Substantive rules: Art 5-7, 10 – Procedural rules: Art 8, 9, 11-19 – Institutional mechanisms: Art 8, 24 – Dispute resolution: Art 33• Evolution from both customary and treaty law – Identifiable corpus of substantive and procedural rules (codification and progressive development)IHP-HELP Centre for Water Law, Policy and Science | under the auspices of UNESCO Slide | 21
    22. 22. Substantive Rule: Equitable and Reasonable UseArt. 5 UNWC - Watercourse Art. 7 UNWC - 1. Watercourse States shall,States shall in their respective in utilizing an international watercourse in their territories, take all appropriateterritories utilize an measures to prevent the causing ofinternational watercourse in significant harm to other watercoursean equitable and reasonable States.manner. In particular, an 2. Where significant harm nevertheless isinternational watercourse caused to another watercourse State, theshall be used and developed States whose use causes such harm shall, in the absence of agreement to such use, takeby watercourse States with a all appropriate measures, having due regardview to attaining optimal for the provisions of articles 5 and 6, inutilization thereof and consultation with the affected State, tobenefits therefrom consistent eliminate or mitigate such harm and, wherewith adequate protection of appropriate, to discuss the question of compensation.the watercourse. IHP-HELP Centre for Water Law, Policy and Science | under the auspices of UNESCO Slide | 22
    23. 23. Implementing the Rule of LawArt. 6 UN WC - Factors relevant to equitable andreasonable utilization Art. 6 (2) In the application of1.Utilization of an international watercourse in an article 5 or paragraph 1 of thisequitable and reasonable manner within the article, watercourse Statesmeaning of article 5 requires taking into accountall relevant factors and circumstances, including: concerned shall, when the need(a) Geographic, hydrographic, hydrological, arises, enter into consultations inclimatic, ecological and other factors of a naturalcharacter; a spirit of cooperation.(b) The social and economic needs of thewatercourse States concerned;(c) The population dependent on the watercourse 3.The weight to be given to eachin each watercourse State; factor is to be determined by its(d) The effects of the use or uses of thewatercourses in one watercourse State on other importance in comparison withwatercourse States; that of other relevant factors. In(e) Existing and potential uses of the watercourse; determining what is a reasonable(f) Conservation, protection, development andeconomy of use of the water resources of the and equitable use, all relevantwatercourse and the costs of measures taken to factors are to be consideredthat effect; together and a conclusion(g) The availability of alternatives, of comparablevalue, to a particular planned or existing use. reached on the basis of the whole. IHP-HELP Centre for Water Law, Policy and Science | under the auspices of UNESCO Slide | 23
    24. 24. Duty to Cooperate – the BRIDGEArt. 5(2) UNWC - Watercourse Art. 8 UN WC GeneralStates shall participate in the obligation to cooperate -use, development and protection Watercourse States shallof an international watercoursein an equitable and reasonable cooperate on the basis ofmanner. sovereign equality,Such participation includes both territorial integrity, mutualthe right to utilize the benefit and good faith inwatercourse and the duty to order to attain optimalcooperate in the protection and utilization and adequatedevelopment thereof, as protection of anprovided in the present articles. international watercourseIHP-HELP Centre for Water Law, Policy and Science | under the auspices of UNESCO Slide | 24
    25. 25. Dynamic Cooperation in practice“…cooperative action bywatercourse States isnecessary to produce Substantivemaximum benefits for eachof them, … In short, the • shall cooperateattainment of optimalutilization and benefitsentails cooperation betweenwatercourse States throughtheir participation in the Proceduralprotection and developmentof the watercourse.” • cooperative actionsUN WC commentaryIHP-HELP Centre for Water Law, Policy and Science | under the auspices of UNESCO Slide | 25
    26. 26. Dynamic Cooperation on the Nile1. Substantive Rules-- equitable and reasonable utilisation2. Procedural Rules-- exchange information-- duty to notify-- procedures for planned measures 3. Institutional Mechanisms-- River basin organisationIHP-HELP Centre for Water Law, Policy and Science | under the auspices of UNESCO Slide | 26
    27. 27. Addressing Water Security: Dynamic CooperationThe only thing that will redeem mankind is cooperationBertrand RussellIHP-HELP Centre for Water Law, Policy and Science | under the auspices of UNESCO Slide | 27
    28. 28. Dynamic Cooperation: streams of action• We should view every regional 5 streams of action watershed or aquifer as an 1. Capacity development opportunity for stronger (local, national, regional) international cooperation. 2. Elevate diplomatic efforts and• Access to reliable supplies of we need to better coordinate clean water is a matter of them human security. It’s also a 3. Mobilizing financial support matter of national security. 4. Harness the power of science• There could be huge political and technology and economic benefits from regional water diplomacy. 5. Broadening the scope of our partnerships• Water is actually a test case for preventive diplomacy.IHP-HELP Centre for Water Law, Policy and Science | under the auspices of UNESCO Slide | 28
    29. 29. Context for Adaptive Governance Disciplinary Interface Int’l / Global Environmental Economic Regional Political Societal Scale National HumanIHP-HELP Centre for Water Law, Policy and Science | under the auspices of UNESCO Slide | 29
    30. 30. Governance and Dynamic Cooperation1. accountability2. participation3. predictability4. transparency Institutional mechanisms Procedural rules Substantive rulesIHP-HELP Centre for Water Law, Policy and Science | under the auspices of UNESCO Slide | 30
    31. 31. Dynamic Cooperation in practice: H20 The H20 paradigm H H O • Hydro- • Hydro- • Opinio diplomacy solidarity JurisIHP-HELP Centre for Water Law, Policy and Science | under the auspices of UNESCO Slide | 31
    32. 32. Adaptive Governance Framework Dynamic Cooperation Institution • UN Charter • Exchange • Treaty • Structure information • Custom • Mandate • Notify • Authority • Process Rule of law ProcedureIHP-HELP Centre for Water Law, Policy and Science | under the auspices of UNESCO Slide | 32
    33. 33. Building Hydro-diplomacy - capacity towerLocal Water Leaders Water security Regional & Global National Capacity IHP-HELP Centre for Water Law, Policy and Science | under the auspices of UNESCO Slide | 33
    34. 34. Addressing transboundary challenges 1. Dynamic Cooperation: rule of law -- substantive rules + procedural rules + institutional mechanisms 2. Enhanced local capacity: local water leaders 3. Communities of action: hydro-diplomacy + hydro-solidarity approachIHP-HELP Centre for Water Law, Policy and Science | under the auspices of UNESCO Slide | 34
    35. 35. Invitation to Scotland as a Hydro-NationIHP-HELP Centre for Water Law, Policy and Science | under the auspices of UNESCO Slide | 35
    36. 36. THANK YOU ! Dundee UNESCO Centre forWater Law, Policy & Science
    37. 37. Thank you! www.dundee.ac.uk/waterp.k.wouters@dundee.ac.uk www.glasgow2015.org

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