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Water Security and International Law

Prof. Patricia Wouters14 June 2011

The New Politics of WaterWater Security and economic growth in emerging economies

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Discussion points

1. International Law - context2. Transboundary Water Security 3. Rule of law = new politics

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Context = The Law of Nations

“to maintain international peace and security … and ... the fundamental freedoms of all … “

UN Charter

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International Water Law / Law of Nations

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Global Water Security Challenges

No development without water

1.2 billion without safe drinking water and2.4 billion without sanitation

wideningwater gap

Only a fractionreadily available

1.4 billion km3 ofwater on Earth

Global environmental change worsening water crisis

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GWP Vision of a water secure world

A water secure world is vital for a better future: a future in which there is enough water for social and economic development and for ecosystems. A water secure world integrates a concern for the intrinsic value of water together with its full range of uses for human survival and well-being. A water secure world harnesses water's productive power and minimises its destructive force. It is a world where every person has enough safe, affordable water to lead a clean, healthy and productive life. It is a world where communities are protected from floods, droughts, landslides, erosion and water-borne diseases. Water security also means addressing environmental protection and the negative effects of poor management, which will become more challenging as climatic variability increases. A water secure world reduces poverty, advances education, and increases living standards. It is a world where there is an improved quality of life for all, especially for the most vulnerable—usually women and children—who benefit most from good water governance. – GWP Strategy 2009–2013

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Water Security Matrix

Human

National

Regional

Int’l / Global

scale

Disciplinary interface

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Conflicts-of-use over water? (scale)

Duty to cooperate?

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Water hotspots: security challenges

BBC News

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“Armed forces are put on standby to tackle threat of wars over water” –

Across the world, they are coming: the water wars. From Israel to India, from Turkey to Botswana, arguments are going on over disputed water supplies that may soon burst into open conflict.”

Mr Reid signalled Britain's armed forces would have to be prepared to tackle conflicts over dwindling resources.

Military planners have already started considering the potential impact of global warming for Britain's armed forces over the next 20 to 30 years.

(The Independent - 28 /02/2006)

The world faces a future of “water wars”, unless action is taken to prevent international water shortages and sanitation issues escalating into conflicts, Gareth Thomas, the International Development Minister (March 2010)

The UK - ready for global water wars?

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Water for all? Reconciling competing needs

Legal Templatefor analysis:

“Who” gets “what” “water”, “when” and “why”?

Rule of Law

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Legal Analytical Framework: Testing resilience

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 Mechanisms

• Joint bodies (RBOs)• Conference of the Parties (MoP; CoP)• Organisations / organs (Ministerial level; other)

5. Dispute Settlement • Dispute avoidance (consultation)• Dispute settlement (Art. 33 UN WC; other)• Compliance verification (reporting; facilitation)

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Legal Analytical Framework: State Practice

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Water Security Analytical Framework

WSAF:1.Legal framework2.Informed by science3.Dynamic

What?

Who?Why?

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International Water Security: key issues

Water Security Analytical Framework

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Rule of law as platform for integration and implementation

1. Conditions for constructive foreign policy approaches

• Law of nations – UN Charter: regional peace and security and fundamental freedoms of all

• Duty to cooperate (substantive and procedural)• Peaceful settlement of disputes

2. Effective water sharing agreements

• Legal Analytical Framework: (i) scope; (ii) substantive rules; (iii) procedural rules; (iv) institutional mechanisms; (v) dispute settlement

• 1997 UN Watercourses Convention• Regional watercourses agreements

3. Resilience test? • Water Security Analytical Framework: (i) Availability; (ii) Access; (iii) Addressing conflicts-of-use

• Governing rule of equitable and reasonable utilisation (all relevant factors considered together)

• Rule of Law as integrating & implementation platform

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Politics - “the activities associated with the governance of a country or area, especially the debate between parties having power”; “the activities of governments concerning the political relations between states” (Oxford dictionary)

Rule of law - “Dicey’s three aspects of the rule of law—regulating government power, implying equality before the law, and privileging judicial process—are commonly regarded as basic requirements of a formal understanding of the rule of law. “ (S. Chesterman, 2008)

Rule of Law = New Politics of Water

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Water Security Hierarchy (capacity tower)

Local Water Leaders

Thank you!

www.dundee.ac.uk/water