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Integrated Water Resources

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... Relationships History of water management Conferences Stockholm Conference 1972 Mar Del Plata 1977 UNCED 1992 WSSD 2002 Third World Water Forum 2003 ... – PowerPoint PPT presentation

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Title: Integrated Water Resources


1
Integrated Water Resources
Management Legal Framework
Joyeeta UNESCO-IHE
Gupta
2
Presentation Outline
  • Law, Governance and Institutions
  • Water Governance From Principles to Concepts
  • International water agreements
  • National legal setting

3
Law
Rights Protection
Engineer manager Policymaker housewife Student
politician
Privileges
Powers
Principles
Responsibilities Enforcement
4
Law in the domestic context
  • Separation of powers
  • Influenced by custom, religion and conquests
  • Now increasingly by knowledge
  • Domestic bargaining between different interests
  • International commitments

5
Sources of International Law
Custom Convention
Principle
Judicial Decision Codification Declarations
Arbitral Awards Publications
6
(No Transcript)
7
Modern International Law Process
Principle
Research
Soft law
Idea
Harder
Treaty
Critique
Hard law
Treaties
Custom
8
Institutions and Governance
  • Institutions social practices through repetition
    become institutions
  • Organisations are bodies with funds, secretariat
    and staff
  • Governance social practices that regulate social
    behaviour

9
Multi-level Governance Relationships
10
History of water management
Multi-level Comprehensive Governance
11
Conferences
  • Stockholm Conference 1972
  • Mar Del Plata 1977
  • UNCED 1992
  • WSSD 2002
  • Third World Water Forum 2003

12
International law principles
  • Sovereignty
  • Absolute territorial sovereignty
  • Absolute integrity of state territory
  • Permanent sovereignty over natural resources
  • Limited territorial sovereignty
  • Community of interests in water
  • Reciprocity
  • Good neighborliness
  • Cooperation
  • Peaceful settlement of disputes

13
Environmental Resource Use Principles
  • Prevention
  • Precaution
  • Stand-still
  • Best available technology
  • BATNEEC
  • Polluter Pays principle
  • Cost-effectiveness
  • Minimum flow
  • Prior appropriation
  • Priority of use
  • Maximum sustainable yield

14
Dublin principles elaborated
  • Finite
  • Holistic approach has natural limits is
    affected by humans upstream-downstream
    linkages,institutional approach
  • Participatory
  • Real participation, not just consultation, need
    for achieving consensus, participation
    mechanisms, lowest appropriate level
  • Women
  • Involvement of women, women as water users,
    gender awareness
  • Economic good
  • Value and charge are different (GWP 2000)

15
Gradations in involvement
Self-management
Dialogue
Consulted
Informed
Controlled or manipulated
Ignored
16
The Rio Declaration 1992
1. Humans at centre
2. sovereignty responsibility
3. sustainable development
4. integration of environment
5. remove poverty
7. common but differentiated responsibilities
8. consumption demographic patterns
9. capacity building and tech. transfer
10. subsi- diarity
6. priority to vulnerable countries
12. open inter- national economic system
13. liability and compensation
14. prevent relocation
15. precau- tionary approach
11. effective environmental legislation
16. polluter pays principle
18. disaster notification
19. planned measures
20. women 21. youth 22. indigenous
17. E.I.A.
23. oppressed people
24. protect environment during wat
25. peace, development environment
26. dispute resolution
27. cooperation in good faith
17
Sustainable development principles
  • Common but differentiated responsibilities
  • Poverty alleviation
  • Sustainable use of resources
  • Good governance
  • Participation by all
  • Precautionary principle
  • Interrelationship and Integration (ILA 2002)

18
Multi-Level Sustainable Development Governance
  • Water as economic good cultural heritage
  • Sustainable development principles
  • including integration as elaborated further
  • including participation role of women
  • including equity in water sharing
  • Vertical linkages and subsidiarity
  • Capacity building and utilisation and technology
    cooperation

19
Subsidiarity
  • Functional decentralisation
  • Establishment of river (sub)basin authorities
  • Platform of stakeholders
  • Participation in decision making / consultation
  • Participation in management / monitoring
  • Equitable representation of relevant stakeholders
  • Development of adequate by-laws, working rules
  • Introduction sub-basin level, if necessary
  • Accurate formulation of functions (source
    Jaspers 2002)

20
Strategies and Tools
  • Integrated planning
  • Embody in national law
  • Demand management
  • Supply management
  • Decentralization
  • devolution of powers,
  • subsidiarity
  • Increased participation
  • Commercialization
  • water pricing and cost recovery
  • Polluter pays principle
  • Corporatization
  • Private sector participation
  • Water markets
  • Water trading ?

21
UN Law on The Non-Navigable Uses of International
Watercourses 1997
Right to Participate Art. 3, 4
Duty to co- Operate Art. 8, 9
Duty to protect Art.23
Objective Art. 1
Equity Principles Art. 5,6
Regulation installations Art. 24-26
Dispute Settlement Art. 33
No priority of use Art. 10
Duty not to cause harm Art. 7
Planned measures Art.11-19
Emergency Situations Art. 27, 28
International
22
Law on the Non-Navigable Uses of International
Watercourses
  • Purpose Protection, Preservation and Management
  • Art 3 4 defines when a watercourse agreement
    can be entered into
  • Does not affect previous agreements
  • Should be harmonised
  • Riparians may enter into agreement
  • Can be about a part of the water unless it
    affects other riparians
  • This protects the rights of those not parties to
    existing agreements
  • Every watercourse state is entitled to
    participate

23
Equity and reasonable utilisation
  • Equitably and reasonably, for optimal and
    sustainable use consistent with protection
  • Equity
  • Geo, hydrographic, hydrological, climatic and
    ecological
  • Social and economic needs
  • Population dependent on the water
  • Effects of the uses
  • Existing and potential uses
  • Conservation etc and costs
  • Alternatives
  • Weights

24
Environment
  • Obligation to protect and preserve
  • Obligation to reduce pollution through
    harmonisation of policies, setting joint water
    quality objectives and criteria, techniques and
    practices, developing lists of substances
  • Not introducing alien species
  • Protection of marine environment

25
Organisations
  • Joint Management Mechanism
  • Regulation and costs
  • Installations
  • Action in case of emergency situations
  • Protection during armed conflict

26
The Global Challenge
27
The EU Water Framework Directive
  • Preamble
  • water is not commercial but a heritage
  • Policy must be based on scientific, technical
    data, environmental conditions, economic and
    social development of the Community, benefits and
    costs of action
  • Specific solutions for diverse conditions
  • Protection of acquatic ecosystems
  • Subsidiarity and sustainable use

28
Preamble (contd.)
  • Eliminate priority hazardous substances and
    achieve conc. In the marine environment near
    background values.
  • Exception infeasible or unreasonably expensive
  • Polluter pays principle, etc.

29
Purpose General (Art 1)
  • prevent further deterioration and enhance aquatic
    ecosystems
  • sustainable use
  • enhanced protection and improvement through
    progressive reduction of discharges ..
  • progressive reduction of pollution of ground
    water
  • mitigate effects of floods and droughts..

30
The European Challenge
31
Why are national water systems different?
  • Regional/ Fluvial
  • Based on local customs
  • Determined by changing bargaining power
  • Historical circumstances and evolving uses of the
    water body.

32
Why are water principles so alike?
Families Islamic Hindu Roman
British Communist Codification
Knowledge development
Spread Through conversion Through conquest
in Europe colonisation in the
South Through ideology development T
hrough legal techniques Through bureaucratic and
epistemic networking
33
Legal and Institutional Pluralism
  • Customs
  • Laws of colonisers
  • New imported ideas
  • Case study of Tanzania and India
  • DOES IT WORK?

34
National Water Law
  • Constitution
  • Tort law
  • Property Law
  • Agricultural Law
  • Environmental Law
  • Customary law in rural areas
  • Etc.

35
The National Challenge
36
Institutional Challenge
  • Incorporating new concepts in a new legislation
    with
  • Links with other sectors
  • Links with other administrative levels
  • Links with other regulations

37
Zimbabwe
  • National Water Authority Bill - no IWRM
  • Zimbabwe Water Bill - Art 6a. Integrated water

38
South Africa Water Bill
  • The main object of the Bill is to provide for the
    management of the nation's water resources so as
    to enable the achievement of sustainable use of
    water for the benefit of all water users. To that
    end it is necessary to provide for the protection
    of the quality of water resources and for the
    integrated management of water resources with
    delegation of powers to institutions at regional
    or catchment level so as to enable everyone to
    participate in the processes. The Bill
    accordingly seeks to provide for the protection,
    use, development, conservation, management and
    control of the nation's water resources, taking
    into account the need to -(a) meet the basic
    human needs of present and future generations
    (b) promote equitable access to water
    (c)redress the results of past racial and gender
    discrimination (d) promote the efficient,
    sustainable and beneficial use of water in the
    public interest (e)facilitate social and
    economic development (f) provide for growing
    demands for water use (g) protect aquatic and
    associated ecosystems and their biological
    diversity (h) reduce and prevent pollution and
    degradation of water resources (i)meet
    international obligations (j) promote dam
    safety and (k) manage floods and droughts.

39
Source Hofwegen and Jaspers
40
Conclusion
  • Multi-level sustainable development/ integrated
    water resource governance systems are very
    complicated.
  • Tailor it to your needs.
  • KISS (Keep it simple, stupid) to keep it effective
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