Rethinking the management of transboundary freshwater resources: a critical examination of modern international law and practice

Available freshwater stocks are being depleted and impaired on a widespread basis, with acute shortages an increasingly frequent condition in arid climates. In transboundary basins, water scarcity and pollution compound interstate tension and contribute to human suffering and ecological damage. This article provides theoretical perspectives on shared freshwater disputes and on the evolution of the international law of shared water resources. It argues that the UN Convention on the Non-Navigational Uses of International Watercourses (ratified by some countries, but not yet in force) is inadequate as a framework convention in terms of providing general obligations on the future parties or an institutional framework for future action. The paper suggests that three critical concepts be considered in future management of shared water resources: (1) the unitary character of watersheds (where the absence of extra-basin diversions allows); (2) joint or "communitarian" watershed management; and (3) the relevance of international trade to alleviating regional food stress, resulting from local water scarcity. Finally, it proposes the establishment of an international advisory body on shared water disputes, modelled after the Intergovernmental Panel on Climate Change (IPCC), whose role is codified in the Kyoto Protocol to the United Nations Framework Convention on Climate Change.     

A Decision Support Framework for Environmental Planning in Developing Countries

This paper presents a decision support framework for environmental planning in developing countries. The interest in protecting the natural environment from pollution gained increased importance in the 1990s with a push by world communities for sustainable development. Developing countries as well as the industrialized nations are expected to cut down on pollution and control the use of non-renewable natural resources. Although the concept of sustainable development sounds plausible, it is difficult to implement in many countries due to their conflicting goals. The world-wide targets on emissions, use of fossil fuels, reduction in water and atmospheric pollution require the participation of every nation. These goals are not easily achievable by some of the poorer developing countries partly because of their economic dependence on natural resources and partly because of their inability to afford more modern and efficient technologies. Thus, environmental planning goals are often in conflict with the development,social and economic needs of a country. In this paper, we develop a decision support framework that utilizes multicriteria and optimization models to address environmental planning problems. This framework is based on identifying the priorities of conflicting goals by working through and reducing the conflicts. A strategic planning framework is introduced into the decision support system since national planning is a strategic issue and these goals can only be achieved by adopting a systemic view.     

Reducing conflict over the Danube waters: equitable utilization and sustainable development

This paper develops the idea that the principle of equitable utilization must be applied in concert with sustainable water use not only in the resolution of specific disputes but in the cooperative management of water resources in general. It illustrates this point with two different cases involving the use of the Danube River. The first is the conflict over the Gabcikovo Nagymaros Dam, which now rests before the International Court of Justice. The author argues that a narrow legal ruling that fails to take into account broader issues of equitable utilization as they relate to sustainable development will not satisfactorily address the long-term questions at stake between the parties. The second involves the situation in the Danube Delta where the potential for conflict exists, but may be minimized through the convention and institutional framework developed to address the environmental degradation and pollution of the Danube River basin, which is based in part on the principle of equitable utilization and the goal of achieving more sustainable water use. The paper provides a brief overview of the geographical features of the Danube River and international water law. It then explores the principle of equitable utilization and sustainable water use in light of the two cases and discusses the implications for the resolution and management of conflicts involving internationally shared water courses.     

Environmental policy for sustainable development of natural resources

This paper describes new environmental policies and expanded administrative agencies which in recent years have been adopted by many governments faced with a continuing decline in the quality of their environments. In a number of developed and developing countries, devising a far reaching environmental policy for sustainable development of the natural resources sector is a national priority. Specific environmental policies may be classified according to objectives, timeframe, mechanisms for implementation, whether or not they are binding, and the nature of sanction. This paper provides some generalizations about certain features common to most environmental policies. In the first section an examination is made of some of the most pressing problems which environmental policies relating to natural resources seek to address. The second section discusses environmental policies themselves. The third section, which makes up the main body of the paper, assesses the strengths and weaknesses of a variety of mechanisms available for implementing environmental policies to promote sustainable development in the natural resources sector.     

Governance Change and Institutional Adaptation: A Case Study from Harenna Forest, Ethiopia

Many common pool resources have traditionally been managed through intricate local governance arrangements. Over time, such arrangements are confronted with manifold political, social, economic and ecological changes. However, the ways in which local governance arrangements react to such changes are poorly understood. Using the theoretical concept of institutional adaptation, we analyse the history of Harenna forest, Ethiopia, to examine processes of institutional change over the last 150 years. We find that the traditional institutions that governed Harenna’s resources persisted, in essence, over time. However, these institutions were modified repeatedly to address changes caused by varying formal, supra-regional governance regimes, the development of markets for forest products, increasing population pressure and changes in formal property rights. A key mechanism for adaptation was combining elements from both informal and formal institutions, which allowed traditional rules to persist in the guise of more formal arrangements. Our findings also highlight several constraints of institutional adaptation. For example, by abolishing fora for collective decision-making, regime changes limited adaptive capacity. To conclude, we argue that such insights into traditional resource governance and its adaptability and dynamics over time are essential to develop sustainable approaches to participatory forest management for the future, both in Harenna and more generally.     

Getting to the First Handshake: Enhancing Security by Initiating Cooperation in Transboundary River Basins

How does transboundary water cooperation begin at the initial stages, and how can third parties help to foster said cooperation? Many nations with transboundary waters do not cooperate or have ceased cooperation. Yet cooperation often prevails, resulting in 688 water‐related treaties signed from 1820 to 2007. We address the following: by which practices can development partners best design and implement cooperative projects at the state level to enhance basin water security in the earliest stages? This article identifies strategies for initiating cooperation and lessons drawn from reviewing select cases. We compiled from the Oregon State University Transboundary Freshwater Dispute Database all transboundary water resources projects over the last decade with multinational participation. We selected 10 case studies that enhance water security that fit the following filtering criteria: (1) Funding exclusively/primarily from outside sources, (2) Including nonofficial stakeholders in project design/implementation, (3) Absence of formal relations around water resources between or among the riparian nations before the project was discussed, (4) Project design possibly enhancing hydropolitical relations. Findings suggest that to enhance water security, project designs should respect participating riparians' autonomies, create basin‐wide networks of scientists, allow for each partner to garner responsibility for project activities, and consult a diverse group of stakeholders.     

Climate Convention Implementation: An Opportunity for the Pacific Island Nations to Move Toward Sustainable Energy Systems

This article does not focus on adaptation or mitigation policy directly but on an allied opportunity that exists for the Pacific Islands via the auspices of the Climate Convention, because the existing very costly energy systems used in the Pacific Island region are fossil-fuel dependent. It is argued here that efforts can be made towards the development of energy systems that are ecologically sustainable because Pacific Island nations are eligible to receive assistance to introduce renewable energy technology and pursue energy conservation via implementation mechanisms of the Climate Convention and, in particular, through transfer of technology and via joint implementation. It is contended that assistance in the form of finance, technology, and human resource development from developed countries and international organizations would provide sustainable benefits in improving the local Pacific Island environments. It is also emphasized that mitigation of greenhouse gas emissions is not the responsibility of the Pacific Islands as they contribute very little on a per capita global scale and a tiny proportion of total global greenhouse gas emissions.     

Transboundary River Floods and Institutional Capacity1

Abstract: While transboundary flood events have become more frequent on a global scale the past two decades, they appear to be overlooked in the international river basin (IRB) cooperation and management arena. The present study therefore combined geopolitical measures with biophysical and socioeconomic variables in an attempt to identify the IRBs with adequate institutional capacity for management of transboundary floods. It also classified basins that would possibly benefit from enlarging the institutional capacity related to transboundary floods. Of the 279 known IRBs, only 78 were represented by a transboundary rivers institution. A mere eight of the 153 identified institutions had transboundary flooding listed as an issue in their mandate. Overall, 43 basins, where transboundary floods were frequent during the period 1985‐2005, had no institutional capacity for IRBs. The average death and displacement tolls were found to be lower in the 37 basins with institutional capacity, even though these basins experienced twice as much transboundary floods with significant higher magnitudes than those in basins without institutional capacity. Overall, the results suggested that institutional capacity plays a role in the reduction of flood‐related casualties and affected individuals. River basins such as the Juba‐Shibeli, Han, Kura‐Araks, Ma, Maritsa, Po, Coco/Segovia, Grijalva, Artibonite, Changuinola, Coatan Achute, and Orinoco experienced more than one transboundary river flood, but have not yet set up any institutions for such events, or signed any appropriate treaties focused on floods. These basins were therefore recommended to consider focusing attention on this apparent lack of institutional capacity when it comes to managing transboundary flood events.     

Adapting to changing climate risk by local government in New Zealand: institutional practice barriers and enablers

Adaptation to climate change has been reviewed in several developed nations, but in none where consideration of the effects of climate change is required by statute and devolved to local government. We examine the role of institutional arrangements, the players operating under them, the barriers and enablers for adaptation decision-making in the developed nation of New Zealand. We examine how the roles and responsibilities between national, regional and local governments influence the ability of local government to deliver long-term flexible responses to changing climate risk. We found that the disciplinary practices of law, engineering and planning, within legal frameworks, result in the use of static mechanisms which create inflexible responses to changing risk. Several enablers are identified that could create greater integration between the different scales of government, including better use of national policy instruments, shared professional experience, standardised information collection and risk assessment methods that address uncertainties. The framing of climate risk as dynamic and changing that differentiates activities over their lifetime, development of mechanisms to fund transitions towards transformational change, are identified as necessary conditions for delivering flexible responses over time.     

Management of transboundary water resources for water security; principles, approaches and State practice

Increasing water scarcity and stress are leading many nations to securing supplies for present and future water uses. National objectives are more and more pointed towards water security and the close links with food security and other macro-economic and sectoral aspects. Water security is seen as an important aspect of national and regional security and international positions on water often have a political dimension that reflects broader national objectives. Available options for sharing transboundary resources are established on the basis of general legal principles such as equitable utilization and absence of appreciable harmful transboundary effects downstream and others such as established historical utilization. These principles and doctrines must be fully understood by the advisers serving on the negotiating teams of international water treaties and agreements. From these perspectives, the paper recognizes the importance of the structural and strategic uncertainty in international relations. Co-ordination or harmonization of national policy, as an integrated part of, and administrated under existing frameworks for, regional co-operation are proposed as realistic, efficient and practicable approaches, alternative to more intensive co-operation and complicated planning and coordinating mechanisms. The article also highlights the need for training of legal specialists in countries which contemplate negotiating or re-negotiating water treaties or agreements.     

“一带一路”倡议下跨境流域生态补偿——国际经验与中国对策

跨境流域生态补偿机制的构建,是实现"一带一路"倡议目标的重要基础,有助于化解资源冲突、协调区域发展、增进利益协同,进而增强政治互信,加快经济融合,提升文化包容,推进命运共同体构建。本文基于对西方国家跨境流域生态补偿研究与实践的梳理,总结归纳出西方跨境流域生态补偿中强调流域生态系统分析、注重不同付费原则相互配搭、重视双/多边协商、建立多层次综合管理体系等经验。在此基础上,针对现阶段中国跨境流域生态补偿所面临的挑战,提出加强跨境协商合作平台建设、重视对跨境流域生态系统研究以及构建多层次协同管理体系等应对措施。     

Issues in natural resources management in developing countries

Recognizing the steady depletion of natural resources in developing countries, this study analyses its causes by focusing on the ownership of such resources. Resource degradation was found associated with an array of individual, socioeconomic, politicoeconomic and institutional factors. In the pursuit of sustainable regional resources management and conservation, it is necessary to analyse and incorporate these multifarious factors into the design of a comprehensive strategy. While local government should be responsible for devising management strategies, their implementation requires the interfacing of field agencies with local communities that are to be assisted in the short term and instructed in depth; their performance should be closely monitored over the long term.     

The International Law Commission and Legal Principles Related to the Non-navigational Uses of the Waters of International Rivers

There are serious problems related to the use and conservation of international rivers. Riparian nations tend to use their waters and to transfer negative impacts, such as pollution, to other countries. This paper examines the work of the International Law Commission as it seeks to elaborate a framework convention for the use and conservation of shared watercourses. Although this task is still in progress, basic substantive principles such as 'equitable apportionment' and 'prohibition against appreciable harm' seem to be widely agreed upon. The immediate need is the development of and the agreement on, procedural systems for conflict resolution.     

Environmental management in Greece and the challenge of sustainable development

Summary Environmental management is linked to decisions concerning sustainable development which peripheral countries would find quite challenging, given their development priorities and their demands for a restricted share in the burden of global environmental protection. This paper examines the Greek experience with the growing awareness of environmental problems in that country and in the light of current efforts to attain economic convergence with its northern European partners. The focus is on the analysis of the role of the political institutional system in sustainable development, embracing the government, the parliament and the political parties, the courts, and the local authorities. In addition, the role of Non-Governmental Organizations (NGOs) is also summarized. The quest for sustainable development holds both positive and negative effects for Greece, and despite development priorities, there are some workable options available to follow a pathway of transition.graduate diplomas from the Institute of Business Management of the Graduate School of Economics and Commercial Sciences, Athens (Greece) and the School of Social Studies, University of East Anglia (UK), an MA in Economics from the University of Kent, Canterbury (UK), and a PhD in natural resources from the University of Michigan, Ann Arbor (USA). Dr. Lekakis served at the Centre of Planning and Economic Research (KEPE) in Athens for over 15 years, where he was in charge of the technical processing of Greece's five-year development plans in the area of environmental protection. He is currently on the faculty of the School of Social Sciences, University of Crete, Rethimno (Greece) where he teaches environmental and resource economics. His most recent research activity includes a just completed international water resource allocation project financed by the European Science Foundation (ESF), and an ongoing project on the institutional adjustment for sustainable development strategies in the European Union.     

中国流域水资源生态补偿的法律问题与对策

随着我国经济社会的不断发展,水资源不足和水质污染引起的水危机已经成为许多地区可持续发展中的重要制约因素。在这种背景下,为了平衡环境、社会和经济多元利益,寻求先进的法律机制来调节平衡、保护流域生态环境、促进流域的可持续发展已成为一种共识。开展流域水资源生态补偿是实现流域上下游之间等相关方利益公平的关键所在。但由于我国缺乏生态补偿立法和相应的制度安排,流域水资源生态补偿目前仍面临许多问题：我国流域水资源生态补偿进展缓慢、法律制度滞后、部分法律法规彼此之间矛盾和相互冲突、流域水资源生态补偿的法律制度缺位、立法模式不适合当今流域生态环境问题解决等。本文通过对我国有关涉水法律中存在问题的分析,提出一些有关流域水资源生态补偿法律制度建设和完善的对策,以期对中国流域水资源生态补偿的推进和进一步实现水资源的可持续利用有所帮助。     

The need for flexibility in freshwater treaty regimes

Shrinking freshwater supplies pose particular threats in international drainage basins, which serve some 40% of the global population and account for around 60% of the world's river flows. The use and management of these basins are increasingly governed by treaties between the riparian states. While the rules of international law, properly understood, are sufficiently flexible to permit adaptation to changing conditions such as development, population growth and climate change, treaties are essentially rigid instruments that are modifiable only under certain limited conditions. Countries should take this fact into account in designing the regimes to govern their shared freshwater resources, including joint management institutions.     

Collaborative Modeling to Evaluate Water Management Scenarios in the Rio Grande Basin

This article describes the collaborative modeling process and the resulting water resources planning model developed to evaluate water management scenarios in the transboundary Rio Grande basin. The Rio Grande is a severely water stressed basin that faces numerous management challenges as it crosses numerous jurisdictional boundaries. A collaborative process was undertaken to identify and model water management scenarios to improve water supply for stakeholders, the environment, and international obligations of water delivery from Mexico to the United States. A transparent and open process of data collection, model building, and scenario development was completed by a project steering committee composed of university, nongovernmental, and governmental experts from both countries. The outcome of the process was a planning model described in this article, with data and operations that were agreed on by water planning officials in each country. Water management scenarios were created from stakeholder input and were modeled and evaluated for effectiveness with the planning model.     

Out of the wilderness? Achieving sustainable development within Scottish national parks

The introduction of national parks to Scotland represents a significant shift in the evolution of protected area management within the UK. Although the National Parks (Scotland) Act 2000 adopts the established national park aims of conservation and recreation, provisions are also made for advancing notions of sustainable development. This paper provides an assessment of the degree to which the Scottish national park model is likely to enable the realisation of multiple national park objectives. Five key areas are considered for analysis. These relate to management aims, institutional arrangements, implementation, democratic accountability and funding. The evaluation reveals that whilst management provisions have been established in accordance with international sustainable development guidelines, a number of concerns relating to operational processes remain.     

INSTITUTIONAL OPTIONS FOR THE COLORADO RIVER1

ABSTRACT: In many interstate river basins, the institutional arrangements for the governance and management of the shared water resource are not adequately designed to effectively address the many political, legal, social, and economic issues that arise when the demands on the resource exceed the available supplies. Even under normal hydrologic conditions, this problem is frequently seen in the Colorado River Basin. During severe sustained drought, it is likely that the deficiencies of the existing arrangements would present a formidable barrier to an effective drought response, interfering with efforts to quickly and efficiently conserve and reallocate available supplies to support a variety of critical needs. In the United States, several types of regional arrangements are seen for the administration of interstate water resources. These arrangements include compact commissions, interstate councils, basin interagency committees, interagency-interstate commissions, federal-interstate compact commissions, federal regional agencies, and the single federal administrator. Of these options, the federal-interstate compact commission is the most appropriate arrangement for correcting the current deficiencies of the Colorado River institution, under all hydrologic conditions.     

The global partnership for sustainable development

This paper examines whether foreign aid, together with other economic, social and environmental factors, contributes to sustainable development. It starts with an illustrative theoretical growth model where foreign aid promotes sustainable development by protecting the environment. Using factor analysis and newly developed estimation methods for a dynamic panel data model with endogenous regressors, the empirical section of the paper finds evidence that foreign aid has had a significantly positive influence on sustainable development in aid recipient countries. This effect is very likely to go through channels related to growth and resources as well as a technology channel with respect to energy intensity. This research has important implications for a post‐2015 development framework on international collective action with regard to a sustainable future.