Archive for the ‘Water Events’ Category

Ground water, ground water, everywhere …

Friday, September 16th, 2011

In 2008, the UN General Assembly took note of the draft articles on the law of transboundary aquifers and commended them to the consideration of its member States. Those articles were the work-product of the UN International Law Commission, which was supported by an advisory group organized by the International Hydrological Programme of the UN Educational, Scientific and Cultural Organization. As indicated in that resolution, the draft articles have now been placed on the provisional agenda of the 66th Session of the UN General Assembly (UNGA), which recently commenced in New York City. The Sixth Committee (legal) of the UNGA is scheduled to examine the question of the form that might be given to the draft articles on 18 October 2011.

Not coincidentally, the most recent issue of Water International (which is guest edited by yours truly) focuses on “Strengthening Cooperation on Transboundary Groundwater Resources.” The special issue is a compilation of articles and essays on the development of international ground water law and focuses, in large part, on the draft articles. The issue also includes a number of relevant and fascinating case studies. Here is the table of contents:

Note that unless you are a member of the International Water Resources Association or pay for individual issues, you will only have access to the abstracts (note that IWRA membership is relatively inexpensive and provides access to all present and back issues of Water International).

Conference on the Guarani Aquifer Agreement

Monday, February 14th, 2011

The signing of the Agreement on the Guarani Aquifer [Spanish] [Portuguese] on August 2, 2010, evidenced the continued progress being made in the pursuit of greater harmony in global hydro diplomacy (see my review of the agreement). True, South America is not lacking in fresh water resources. Yet, the effort by the overlying nations (Argentine, Brazil, Paraguay, and Uruguay) is laudable for its peaceful and cooperative approach. The four countries are now involved in the ratification process and in  negotiations over  institutional aspects, including discussions regarding an annex to the Agreement on arbitration procedures. How will these nations implement this agreement? What additional steps should they take?

Francesco Sindico, currently at the University of Surrey, Guildford, United Kingdom, along with colleagues Ricardo Hirata of the Centro de Pesquisas de Água Subterrânea–Instituto de Geociências da Universidade de São Paulo (CEPAS – IGc/USP) and Geroncio Rocha of the Secretaria do Meio Ambiente do Estado de São Paulo, is organizing a conference – “The Management of the Guarani Aquifer System: An Example of Cooperation” – in São Paulo, Brazil 21-23 September 2011. The deadline for abstract submission is 30 April 2011. Three conference sessions will address:

  1. An assessment of the scientific knowledge on the GAS
  2. Current use and protection of the Guarani Aquifer System
  3. The GAS and regional cooperation

For further information please see the full call for papers at:

Transboundary Aquifers International Conference in Paris 6-8 December 2010

Tuesday, November 3rd, 2009

UNESCO’s International Hydrological Programme just issued an announcement for and call for papers to ISARM2010 International Conference: “Transboundary Aquifers: Challenges and New Directions.” The Conference will take place in Paris on 6-8 December 2010 and will mark the end of the first phase of the ISARM Programme and the start of its second phase. ISARM refers to Internationally Shared Aquifer Resources Management, a joint project of UNESCO-IHP and the International Association of Hydrogeologists. The preliminary conference brochure can be downloaded here. I will be serving on the Scientific Advisory Committee.

Law of Transboundary Aquifers to be discussed at Stockholm World Water Week

Monday, July 6th, 2009

UNESCO-IHP, along with others, is organising a seminar during the upcoming Stockholm World Water Week on Sharing an Invisible Water Resource for the Common Good: How to Make Use of the UN General Assembly Resolution on the Law of Transboundary Aquifers (TBA).” This looks to be a fantastic event and line up of speakers.

 

In preparation for the seminar, the organizers have launched an internet debate to allow contributions from the rest of us. Those contributions will be compiled in a final report and presented during the seminar in Stockholm. Brief comments, thoughts, and case studies can be sent to IHPSeminarWWW2009  “at”  unesco.org.

 

The following is my own initial contribution:

 

One of my concerns related to the Draft Articles on the Law of Transboundary Aquifers pertains to how nations, organizations and others view the articles. To many, I suspect the articles represent the law by which to judge the actions that States may take vis a vis transboundary ground waters (e.g., did the State comply with the legal obligation). And the emphasis is likely to be on the substantive articles of equitable and reasonable utilization (Draft Art. 4); no significant harm (Draft Art. 6); prevention, reduction and control of pollution (Draft Art. 12), etc. In order to employ these principles to their fullest extent, though, they would be applied ex post facto – after a particular action is taken that results in an alleged claim of violation. This is because the objective determination of what use may be equitable and reasonable, or whether a particular project will significantly harm another state, etc., is, at best, a very difficult exercise where the equity and reasonableness of a water use, or the magnitude of the harm, are mere projection.

 

What I hope is not neglected, thought, is the fact that the Draft Articles are also (or, more so) intended as proactive procedures designed to help nations manage their transboundary aquifers in ways that prevent waste and neglect and, especially, avert disputes among aquifer riparians. Some of the more significant include proactive procedural articles that could easily be implemented prior to or during the implementation of an aquifer-related project, including Draft Art. 8 (Regular exchange of data and information); Draft Art. 9 (Bilateral and regional agreements and arrangements); Draft Art. 13 (Monitoring); Draft Art. 14 (Management); and Draft Art. 15 (Planned Activities). Doing so would likely prevent subsequent violations of the substantive rules. Accordingly, I hope that States, IGOs, NGOs and others place greater emphasis and attention on the procedural provisions of the Draft Articles as a means for encouraging cooperation and collaboration, and for preventing dispute over shared waters.

Supplement to UNEP Bangkok posting

Wednesday, June 3rd, 2009

In my last post, I referenced the work-product of the May 20-22, 2009, UNEP conference – Strengthening Transboundary Freshwater Governance: The Environmental Sustainability Challenge – in Bangkok, Thailand: the Bangkok Plan of Action and the Chair’s Summary of the Technical Segment containing the “recommendations for action to the High-Level Ministerial Segment.”  UNEP has yet to publish them, but here are scanned copies of the two documents distributed at the conference.

UNEP effort to strengthen transboundary freshwater governance

Thursday, May 28th, 2009

I recently attended a UNEP conference – Strengthening Transboundary Freshwater Governance: The Environmental Sustainability Challenge – in Bangkok, Thailand. The program was aimed at identifying challenges and opportunities in transboundary freshwater governance as well as formulating responsive priority actions. While I don’t have an electronic copy of the agenda, you can find the conference Executive Brief here, and a UNEP press release here. Sessions topics included:

· Transboundary Freshwater Governance and the Environment in the Context of Sustainable Development

· Environmental Dimension of Transboundary Freshwater Governance

· Transboundary Freshwater Governance and IWRM

· Climate Change and Transboundary Freshwater Governance

While the program was billed as an “international high level ministerial conference,” there were few in attendance – rather disappointing given UNEP’s intent in organizing the event (to develop a productive plan of action) as well as the importance of the topics addressed. This is one of the shortcomings of so many of these meetings – the absence of high-level decision-makers, many of whom lack the information necessary to make sound policy decisions. Whether it is a UNEP program or one organized by other sectors of civil society, greater effort has to be made to ensure that the people who need to attend such meetings actually appear. Where information is available, it is no excuse that the right person was unavailable to receive it.

Nonetheless, the participants who did attend (representatives of a number of IGOs and international river basin commissions, government officials, NGOs, and various advisors and experts) made the event quite successful and informative. The main outcome of the conference was the Bangkok Plan of Action, which recommended actions to improve governance of cross-border freshwater resources. Among other points, the Plan of Action proposed that:

· Governments “seriously review and consider” the UN Convention on the Non-navigational Uses of International Watercourses and the Draft Articles on the Law of Transboundary Aquifers

· UNEP provide a regular forum and assistance for basin organizations with the first forum to be convened in Thailand in 2011

· UNEP promote the awareness and recognition of the environmental dimension of water law/regulatory frameworks at all levels of governance

The most significant work product of the program, however, was the “recommendations for action to the High-Level Ministerial Segment” formulated collectively by all who attended and endorsed in the Bangkok Plan of Action. Especially noteworthy are the recommendations calling for:

· Governments to recognize and take into account the environment as a natural infrastructure for climate change adaptation when formulating transboundary water governance policies

· Government, UN Agencies and other relevant bodies to promote IWRM as a bridge between national and transboundary water management policies

· UNEP to advocate the role of freshwater governance in climate chance adaptation in relevant UN and other fora

· UNEP-UNESCO-IHP to provide technical and administrative support to AMCOW’s African Groundwater Commission

UNEP has promised to post these recommendations, as well as the ministerial Bangkok Plan of Action, shortly, and I will update this post as soon as that occurs.

According to the Bangkok Post, 25 nations so far have endorsed the Bangkok Plan of Action. Nonetheless, neither the Plan of Action nor the recommendations can be interpreted as binding on UNEP or nations. The aspirational language of the documents (e.g., Governments “should”), coupled with the relatively small turnout of high-level government officials at the conference, effectively proscribes such construction. Moreover, such Plans tend to highlight needs and goals generically rather than actual, substantive programs describing how the needs will be addressed and the goals met. Unless elevated to the UN General Assembly or, better yet, in the context of an international convention, the normative value of these documents is merely instructive.

Notwithstanding, there is value in the Plan and recommendations to the extent that they provide decent guidelines for IGOs, NGOs, water commissions, and others by which to structure water management programs. Additionally, the formulation of the recommendations served as a wonderful basis for stimulating dialogue and exchange, as well as strengthening existing ties and establishing new connections. While this is probably most true among the NGO representatives in attendance (who tend to have a refreshing idealism), there seemed to be considerable interaction among all of the participants. While UNEP programs have not always served as models of success, and while this particular meeting could be critiqued for what it was not, there is much about which to be optimist.

One other noteworthy outcome of the conference is the public release of UNEPs third report on Freshwater Under Threat in Asia, which focused on South Asia and highlights three major river basins in the region: the Ganges-Brahmaputra-Meghna, the Indus and the Helmand. The prior two reports focused on South East Asia, and North East Asia.

As for my presence at the conference, I attended as a representative of UNESCO’s International Hydrological Programme to help represent its ongoing efforts on transboundary aquifers. In particular, UNESCO-IHP has been instrumental to the UN International Law Commission in its work articulating and developing international law for transboundary ground water resources. That effort recently culminated in the UN General Assembly commending the work product of the UNILC – the Law of Transboundary Aquifers – to the Member States and the addition of the topic to the its agenda in 2011. I had the honor of serving on the experts group organized by UNESCO-IHP that assisted the UNILC Special Rapporteur, Ambassador Chusei Yamada, in this effort. I have highlighted above some important language related to transboundary aquifers, as well as UNESCO’s efforts, that appear in the Plan of Action and recommendations.

Forthcoming lecture on “Scarcity, Conflict, & Security: The Future of Water for Israel & Her Neighbors”

Thursday, May 7th, 2009

For those of you who will be in the Portland, Oregon, area on June 1, I have been asked to give a lecture to the Jewish Federation of Greater Portland on Scarcity, Conflict, & Security: The Future of Water for Israel & Her Neighbors. The lecture will take place at the Benson Hotel, located at 309 SW Broadway in Portland, OR, 12noon to 1:30 pm. There is a $20 admission fee (unfortunately, I have no control over this). You can find a flyer about the program here and register for the program here.

 

Yes, this lecture was originally scheduled for May 19. However, I was just invited to serve on a UNESCO IHP delegation to a UNEP Conference on “Strengthening Transboundary Freshwater Governance – The Environmental Sustainability Challenge” to be held in Bangkok, Thailand. The Jewish Federation was very gracious about rescheduling my talk.