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Siren song
Increasing scarcity, conflict, and environmental damage are critical features of the global water crisis. As governments, international organizations, NGOs, and corporations have tried to respond, Chilean water law has seemed an attractive alternative to older legislative and regulatory approaches. Boldly introduced in 1981, the Chilean model is the worlds leading example of a free market approach to water law, water rights, and water resource management. Despite more than a decade of international debate, however, a comprehensive, balanced account of the Chilean experience has been unavailable. Siren Song is an interdisciplinary analysis combining law, political economy, and geography. Carl Bauer places the Chilean model of water law in international context by reviewing the contemporary debate about water economics and policy reform. He follows with an account of the Chilean experience, drawing on primary and secondary sources in Spanish and English, including interviews with key people in Chile. He presents the debate about reforming the law after Chile's 1990 return to democratic government, as well as emerging views about how water markets have worked in practice. The resulting book provides insights about law, economics, and public policy within Chile and lessons for the countries around the world that are wrestling with the challenges of water policy reform.
eBook
Trade in water under international law : bulk freshwater, irrigation subsidies and virtual water
Freshwater is an increasingly scarce resource globally, and effective sustainable management will be absolutely crucial in the future. This timely book sets out future scenarios of international trade in both 'real' and 'virtual' water, examining the relationship between climate change, water scarcity, the human right to water and World Trade Organization law. This book addresses questions of global importance such as: how can international trade in bulk water contribute to the advancement of the human right to water? Are 'green-boxed' irrigation subsidies disturbing the markets? Should water-footprint process and production methods allow for a different treatment of otherwise 'like' products? From examining the impact of water law on small-scale farmers in developing countries, to the broader issue of global environmental responsibility, Fitzgerald Temmerman explores the options available for fair resource allocation through international law arrangements such as the General Agreement on Tariffs and Trade, and the Agreement on Technical Barriers to Trade. By taking a wide-reaching and non-technical approach, this book will capture the attention not only of international trade law professionals, but of all stakeholders in the field. With such relevance to contemporary environmental issues, this book will also be of interest to non-legally qualified individuals who want to comprehend the future possibilities of fair water trade.
Book
Critical reflections on existing lawful water uses (ELUs) in South African water law
The National Water Act 36 of 1998 (NWA) introduced a new water law framework for South Africa. According to the NWA, all water uses must be authorised in terms of a water use licence, unless the water use constitutes a Schedule 1 water use, falls under a general authorisation, the need for a licence is dispensed with, or is recognised as an 'existing lawful water use' (ELU). This paper provides a critical analysis of the ELU concept within the context of South African water law. It explores the complexities and challenges associated with ELUs, including their validation, verification and registration, and also reviews recent case law that has helped to elucidate certain key aspects of ELUs. The paper underscores the necessity for more specific legislation to address these ambiguities and uncertainties. Additionally, it critically assesses the potential implications of the recently published National Water Resource Strategy III and the National Water Amendment Bill of 2023. This Bill proposes to abolish the right to declare an ELU, and to empower the relevant authority to impose conditions and/or obligations on ELUs as well as to curtail current ELU volumes.
Journal Article
Boundaries of benefit sharing: interpretation and application of substantive rules in the Lake Malawi/Niassa/Nyasa sub-basin of the Zambezi Watercourse
The primacy of state sovereignty in transboundary water resources management raises questions regarding how riparian states determine “who gets what, where, and why” in a shared watercourse. To facilitate peaceful coexistence, substantive rules—“equitable and reasonable utilisation (ERU)” and “the duty to prevent the causing of significant harm”—define rights and responsibilities of riparian states in the utilisation of shared watercourses. The duty of riparian states to cooperate, as a principle of international law, plays an important part in realising these substantive rules. This article critically reflects on the principles underlying transboundary water management by focusing on the interpretation and application of substantive rules in the Lake Malawi/Niassa/Nyasa sub-basin of the Zambezi River Basin in Southern Africa. The case study demonstrates how interpretation and application of international water law are generally in line with customary practices, but are subject to highly localised decision contexts which challenge Southern African Development Community (SADC) attempts to establish a firm legal foundation upon which to guide access, use and management across the region’s shared river basins.
Journal Article
Water during and after armed conflicts : what protection in international law?
In 'The Protection of Water During and After Armed Conflicts: What Protection in International Law?', Mara Tignino offers an analysis of the principles and rules protecting water in situations of armed conflicts. The monograph also gives insights on the legal mechanisms open to individuals and communities after a conflict. Practice of international organizations and judicial decisions are examined in order to define the contours of the norms dealing with armed conflicts and post-conflict situations. Beyond international humanitarian law, the author suggests that other areas of international law should be taken into account such as human rights law and international water law. This comprehensive view aims at preventing damage to water resources and ensuring access to safe drinking water. Given the fragmentation of instruments and norms dealing with water in times of armed conflicts, it is required an in-depth examination of what means of international law may be developed to ensure a better protection to water.
Book
How best to incorporate conjunctive water management into international water law: legal amendment, instrument coupling, or new protocol adoption?
International water conventions—e.g., the 1997 United Nations Convention on the Non-Navigational Uses of International Watercourses—include positive but insufficient focus on groundwater and its interaction with surface water. As such, a growing body of literature has proposed modifications to existing frameworks to enable consideration to surface and groundwater and their interactions. While this literature places considerable focus on coupling and amending existing legal frameworks, elaboration and evaluation of a new protocol on conjunctive water management comprises a key gap. To fill this gap, this paper seeks to answer the following question: does formulation and adoption of a new “conjunctive” protocol provide more value than existing proposals centered around modifications to existing law? This paper seeks to compare benefits associated with current proposals to strengthen the international legal framework for management of surface–groundwater interaction, vis-a-vis adoption of a new protocol on conjunctive management of transboundary freshwaters. To do so, the authors use doctrinal legal methods to analyze the existing main instruments globally assessing the degree to which they consider key interlinkages between surface water and groundwater. Then, the paper examines the concept of conjunctive water management and deduces tenets that should be pursued in shared waters to achieve this objective. To identify the preferred option to support conjunctive water management in international water law, the paper explores the degree to which existing proposals vs a new protocol enable an embrace of these tenets of conjunctive water management. The paper finds that while a new protocol may add greater value in advancing conjunctive water management, multiple options can and should be concurrently pursued. In particular, the authors argue that new protocols to the existing treaties must be adopted in combination with the amendment of the Draft Articles on the Law of Transboundary Aquifers. Benefits of doing so include more effective management of transboundary freshwater resources that are interconnected hydrologically, a less fragmented and more consistent international water regime, and ultimately more benefits accruing to the populations and environmental goods dependent on shared water resources.
Journal Article
Freshwater governance for the 21st century
\"The objective of this book is to broadly illustrate the key aspects of water governance, mapping the spectrum of decision-making from techno-centric and eco-centric approaches, to hybrid concepts and people-centric approaches. Topics covered include the challenges for water-governance models, the polycentric model, the integration challenge, water in the decision-making hierarchy, and the rise of water-sensitive design, while also taking into account interdependencies between stakeholders, as well as the issue of scale. The book's content is presented in an integrated and comprehensive format, building on detailed case studies from around the world and the authors' working experiences in the water sector\"--Back cover.
Book
A state-of-the-art review of water diplomacy
Diplomacy is the art and skill of managing international relations through negotiations between representatives of states or agencies. Water diplomacy is an innovative approach and strategic tool to resolve water issues at local and trans-boundary scales when water conflicts rise in sharing water resources. Complex water supply and sharing issues arise from the existence of multiple stakeholders such as agriculture, industry, urban and domestic users, environmental use, and others competing for scarce water. Water diplomacy may contribute to solving a variety of water conflicts and in this sense is a tool for sustainable water resources management. This paper presents a review of water diplomacy focusing on various themes such as the vitality of water as a resource, virtual water, water conflicts, international water law, and management of trans-boundary waters that are reviewed in this paper in the context of searching for cogent water diplomacy strategies. This work’s findings show that conflicts about trans-boundary waters are more common in developing countries than in developed countries. The latter countries have developed trans-boundary agreements, which may serve as guidelines to developing countries in some cases. Virtual water may prevent future water conflicts by reducing water demand and water stresses and providing suitable conditions for negotiation between countries. Capacity building, training in cooperation, and negotiation are means of averting water conflicts.
Journal Article