UNESCO. Facing Future Challenges --The integral role of international law in advancing regional hydro-integration

Transcription

1 UNESCO Future Forum Global Water Futures UNESCO Paris IHP-HELP UNESCO Centre for Water Law, Policy & Science Facing Future Challenges --The integral role of international law in advancing regional hydro-integration 12 April 2012 Professor Dr Patricia Wouters

2 Outline of the talk: Global Water Futures "Facing Future Challenges --The integral role of international lawin advancing regional hydro-integration" 1. The Big Picture: future water challenges 2. Role of international law 3. Regional hydro-integration 4. The way forward: Dynamic Cooperation IHP-HELP Centre for Water Law, Policy and Science under the auspices of UNESCO Slide 2

3 What are the BIG issues?

4 Water: there is no life without it No development without water 1.4 billion km 3 of water on Earth Only a fraction readily available 1.2 billion without safe drinking water and 2.4 billion without sanitation widening water gap Water central to environmental, social and economic issues IHP-HELP Centre for Water Law, Policy and Science under the auspices of UNESCO Slide 4

5 Water for all Rio (1992 & 2012) Water is needed in all aspects of life. The general objective is to make certain that adequate supplies of water of good quality are maintained for the entire population of this planet, while preserving the hydrological, biological and chemical functions of ecosystems, adapting human activities within the capacity limits of nature and combating vectors of water related diseases. [Chapter 18, Agenda 21, 1992] IHP-HELP Centre for Water Law, Policy and Science under the auspices of UNESCO Slide 5

6 Global water crisis: UN WWDR March 2012 "Pressures on freshwater are rising, from the expanding needs of agriculture, food production and energy consumption to pollution and the weaknesses of water management." U.N. Secretary General Ban Ki-moon "Climate change is a real and growing threat. Without good planning and adaptation, hundreds of millions of people are at risk of hunger, disease, energy shortages and poverty. UN World Water Development Report Managing Water under Uncertainty and Risk IHP-HELP Centre for Water Law, Policy and Science under the auspices of UNESCO Slide 6

7 IPCC report Water& climate change 1. Water resource management (drought & floods) 2. Ecosystems (decline resilience & adaptability) 3. Agriculture and forests (crops & livestock) 4. Coastal systems and low-lying areas(sea-level rise & salinity) 5. Industry & settlements & society (urban water supply; infrastructure; floods) 6. Sanitation & human health (quality & availability). (Bates et al 2009, IPPC report) IHP-HELP Centre for Water Law, Policy and Science under the auspices of UNESCO Slide 7

8 BrokenBridges (UNEP 2012 report) 003: Broken Bridges: Reconnecting Science and Policy (Ranked #4). To cope with global environmental change, our society needs strategies and policies that are underpinned by a strong science and evidence base. But many believe the linkagebetween the policy and science communities is inadequate or even deteriorating, and that this broken bridge is hindering the development of solutions to global environmental change.this problem requires a new look at the way science is organized and how the science-policy interface can be improved. IHP-HELP Centre for Water Law, Policy and Science under the auspices of UNESCO Slide 8

9 Water / Food/ Energy nexus 1 bnsuffer from hunger 30-50% in demand by bnwithout access to modern forms of energy 1.5 bn without access to electricity 40% in demand by bnlack access to safe water 2.4 bnlack access to improved sanitation 40% in demand by 2030 IHP-HELP Centre for Water Law, Policy and Science under the auspices of UNESCO Slide 9

10 World Economic Forum Water Risk Matrix Interdependencies and linkages between water and everything else Sustainable solutions require coordinated interdisciplinary response Risk Response Network of the World Economic Forum, Global Risks 2011 : Sixth Edn(World Economic Forum 2011) at 2. IHP-HELP Centre for Water Law, Policy and Science under the auspices of UNESCO Slide 10

11 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 assured freedom 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 11

12 Conflicts-of-useover water (environment)? IHP-HELP Centre for Water Law, Policy and Science under the auspices of UNESCO Slide 12

13 The integral role of International Law

14 Promoting a Larger Freedom In a world of interconnected threats and challenges, it is in each country s self-interest that all of them are addressed effectively. Hence, the cause of larger freedom can only be advanced by broad, deep and sustained global cooperation among states. Such cooperationis possible if every country s policies take into account not only the needs of its own citizens but also the needs of others. This kind of cooperation not only advances everyone s interests but also recognizes our common humanity. UN Sec General Report, In Larger Freedom: Towards Development, Security and Human Rights for All (UN 2005). IHP-HELP Centre for Water Law, Policy and Science under the auspices of UNESCO Slide 14

15 In Larger Freedom: Grand challenges 1. The imperative of collective action 2. Ensuring environmental sustainability 3. The implementation challenge IHP-HELP Centre for Water Law, Policy and Science under the auspices of UNESCO Slide 15

16 International Law Law of Nations to maintain international peace and security and... the fundamental freedoms of all UN Charter IHP-HELP Centre for Water Law, Policy and Science under the auspices of UNESCO Slide 16

17 International Water Law / Law of Nations Law of nations Rule of law Transboundary waters Water security Hydrosolidarity Hydrodiplomacy IHP-HELP Centre for Water Law, Policy and Science under the auspices of UNESCO Slide 17

18 Water conflicts/peace agenda Fierce competition for freshwater may well become a source of conflict and wars in the future. (Annan, 2001) But the water problems of our world need not be only a 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 18

19 Role of International Law International law is clearly much more than a simple set of rules. It is a culture in the broadest sense in that it constitutes a method of communicating claims, counter-claims, expectations and anticipations as well as providing a framework for assessing and prioritising such demands. (Shaw, 2003 ) IHP-HELP Centre for Water Law, Policy and Science under the auspices of UNESCO Slide 19

20 Role of Law = Rule of Law "If the daunting challenges now facing the world are to be overcome, it must be in important part through the medium of rules, internationally agreed, internationally implementedand, if necessary, internationally enforced. That is what the rule of law requires in the international order. Lord BinghamThe Rule of Law (2010) IHP-HELP Centre for Water Law, Policy and Science under the auspices of UNESCO Slide 20

21 (Water) law serves threekey functions 1. It defines and identifies the legal rights and obligationstied to water use(broadly defined) and provides the prescriptive parameters for resource development and management; 2. 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; 3. It allows for modifications of the existing regime, in order to be able to adapt to changing needs and circumstances. (Wouters 2000) IHP-HELP Centre for Water Law, Policy and Science under the auspices of UNESCO Slide 21

22 Law as platform for integration Role of Law: collecting, communicating & clarifying (before, during and after) what how why who Information Institutions Implementation IHP-HELP Centre for Water Law, Policy and Science under the auspices of UNESCO Slide 22

23 Regional Hydro-integration

24 International lawwithin a context Int l / Global Disciplinary Interface Scale Regional National Political Economic Societal Environmental Human IHP-HELP Centre for Water Law, Policy and Science under the auspices of UNESCO Slide 24

25 Sovereigntychallenges: transboundary waters Three allocation theories Absolute territorial sovereignty Unlimited use regardless of the needs of downstream states vs... Absolute territorial integrity No interference with natural flow and conditions Limited territorial sovereignty States must respect sovereignty of other states Equal rights of use equitable and reasonable use IHP-HELP Centre for Water Law, Policy and Science under the auspices of UNESCO Slide 25

26 Legal Analytical Framework platform for integration Scope What uses? What waters? What users? Substantive Rules Equitable and reasonable use Defines rights & responsibilities of users Implementation Procedural Rules Institutional mechanisms Dispute avoidance /settlement Ensures compliance and accommodates changes in circumstances IHP-HELP Centre for Water Law, Policy and Science under the auspices of UNESCO Slide 26

27 Implementing Equitable and Reasonable Utilisation the Legal Assessment Model (LAM) China Palestine Mozambique

28 The Legal Assessment Model Law Hydrology Economics Defining Scope Legal Hydrological Economic Evaluation Methods Techniques Legal Parameters Phase I Defining Scope Phase II Data Collection Phase III Evaluation Phase IV Options ensuring equitable entitlement Data Collection Tools Legal Audit Scheme Relevant Factors Matrix Glossary of Terms

29 Water Security: Legal Analytical Framework WSAF: 1. Legal framework 2. Informed by science 3. Dynamic Availability Access What? Who? Addressing Conflicts-ofuse Why? IHP-HELP Centre for Water Law, Policy and Science under the auspices of UNESCO Slide 29

30 International Law and Water Security Water Security Analytical Framework Availability Quantity Quality Control Access Rights Legal framework Enforcement Addressing Conflicts-of-use Governance Equity Dispute settlement IHP-HELP Centre for Water Law, Policy and Science under the auspices of UNESCO Slide 30

31 The way forward: Dynamic Cooperation

32 Addressing Water Security: DynamicCooperation The only thing that will redeem mankind is cooperation Bertrand Russell IHP-HELP Centre for Water Law, Policy and Science under the auspices of UNESCO Slide 32

33 Dynamic Cooperation: Agenda-setting We should view every regional watershed or aquifer as an opportunity for stronger international cooperation. Access to reliable supplies of clean water is a matter of human security. It s also a matter of national security. There could be huge political and economic benefits from regional water diplomacy. Water is actually a test case for preventive diplomacy. 5 streams of action 1. Capacity development (local, national, regional) 2. Elevate diplomatic efforts and we need to better coordinate them 3. Mobilizing financial support 4. Harness the power of science and technology 5. Broadening the scope of our partnerships IHP-HELP Centre for Water Law, Policy and Science under the auspices of UNESCO Slide 33

34 Super-Cooperatorstheory? New theory of cooperation? Global community-of-interests (obligations erga omnes) Applied and theoretical approaches to achieving a larger freedom Law, science & policy interfacethat unlocks uncertainty and risk IHP-HELP Centre for Water Law, Policy and Science under the auspices of UNESCO Slide 34

35 Buildinga global community -capacity tower Local E-Leaders Research Teaching E-security Regional & Global National Capacity IHP-HELP Centre for Water Law, Policy and Science under the auspices of UNESCO Slide 35

36 Higher Education and Training mission IHP-HELP Centre for Water Law, Policy and Science under the auspices of UNESCO Slide 36

37 UNESCO HELPprogramme + IHP Impact Tweed Basin as HELP demonstration basin & Dundee leadership on European HELP basins UNESCO HELP basins worldwide network

38 THANK YOU! Dundee UNESCO HELP Centre for Water Law, Policy & Science 10/04/2012 Governing Board Meeting 38