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.     

Joint institutional arrangements for addressing transboundary water resources issues—lessons for the GEF

The lofty goals of the 1992 Earth Summit regarding sustainable development will not be achieved without major improvements in the management of transboundary water resources. This paper describes the serious nature of water-related conflicts and environmental damage associated with degradation of marine ecosystems, coastal zones, and shared surface/groundwater systems. Traditional approaches such as international conventions, watercourse agreements with basin organizations, and arbitration have generally fallen short of their objectives. This article suggests that a middle ground centered on multicountry institutional arrangements for joint fact finding, evaluation, and problem resolution may be a more productive approach over the short term to achieve sustainable development. The experience of the International Joint Commission (Canada and U.S.) is described as a way of providing a neutral ground for building trust among nations, for 'leveling the playing field' among small and large countries, and for providing mechanisms for countries to work jointly toward sustainable development of their shared resources without relinquishing their sovereignty. The Global Environment Facility (GEF) is playing a catalytic role in assisting countries to address transboundary water resources issues. The paper describes GEF's Operational Strategy and discusses the implications of joint institutional arrangements for the international waters focal area. Given that the environmental security of many nations rests on improved transboundary cooperation, the GEF provides a pragmatic opportunity for countries to cooperatively address these pressing problems.     

The new economic order and world mineral production and trade

World mineral production is dominated by the developed countries — the developing countries dominate production of only tin, cobalt, bauxite, and petroleum. This production pattern is largely the result of historical, political, and economic factors, and is not likely to change radically in the next decade. Apart from petroleum, there seems to be little opportunity for the formation of mineral-producer cartels, although there is considerable scope for constructive producer-consumer agreements. Given the pattern of world mineral production and trade, the developed countries would on the whole benefit more than the developing countries from price increases. The most acute present need is for new means of financing exploration and development of mineral deposits in the developing countries, and for means of redressing the worst imbalances between rich and poor nations outside of the commodity arena.     

Agriculture in environmentally sensitive areas: implementing the ESA measure in Denmark

Implementation of the environmentally sensitive areas (ESA) measure in Denmark as part of the EC Structures Regulation is described. Immediate effects and the way the agreements are expected to influence landscape development are evaluated. Of the 915 designated ESAs, agreements have only been signed in two‐thirds of the areas. In those areas in which ground water protection is an objective, ‘agreement coverage has been particularly low, whereas relatively more agreements have been signed for coastal areas dominated by salt meadows. More than 3000 agreements have been made, most of them comprising existing grassland such as meadows, salt meadows and dry grasslands. Landscape protection is the most important function of the ESA measure. The effectiveness of the programme towards environmental protection and landscape improvement is evaluated as being limited. Even though a large proportion of the agreement areas, according to the farmers, would be managed in the same way without an agreement, it is not possible to make definite conclusions about the effect on landscape protection before the five‐year agreement period has ended.     

Natural gas pricing policies in Southeast Asia

The very dynamic economies of Southeast Asia have recently been experiencing a rapid increase in energy demand. Parallel to this development, there has been an increase in the utilization of indigenous natural gas resources. This article reviews gas-pricing policies in the region, which partly explain the rise in gas utilization. Although diverse, energy pricing policies in Southeast Asia address the common objective of enhancing domestic gas production and utilization.
The article concludes that a more rational gas-pricing policy framework is emerging in the region. In global terms, gas pricing in the region tends to converge in a market-related framework, despite the many different pricing objectives of individual countries, and the predominance of non-economic pricing objectives in certain countries (especially gas-rich nations). Specifically, governments have been flexible enough to follow global trends and initiate changes in contractual agreements (pricing and profit-sharing), giving oil companies more favourable terms, and encouraging continued private investment in gas development. At the same time, promotional pricing has also been used to increase utilization of gas, through set prices and adjusted taxes achieving a lower price level compared to substitute fuels.
For an efficient gas-pricing mechanism, refinements in the pricing framework should be undertaken, as demand for gas approaches existing and/or forecast production capacities.     

Global warming and environmental production efficiency ranking of the Kyoto Protocol nations

This paper analyzes the United Nations Organization's Kyoto Protocol nations to address two questions. First, what are the environmental production efficiency rankings of these nations? Second, is there a relationship between a nation's ratification status and its environmental production efficiency ranking? Our findings suggest that the nations that have ratified the Kyoto Protocol are more likely to be environmentally production efficient as compared to the nations that have not ratified the Protocol.     

Recent changes in international commodity agreements

The contents of international commodity agreements have changed from those in which open-ended intervention mechanisms regulated the market defending a normative price to those limiting intervention so as not to obscure market forces and consequently the market price. Underlying this change is the principle to which the developed countries accorded the highest priority, namely that the interests of producing and consuming countries must balance to avoid an indiscriminate transfer of resources. On the other hand, the principles which guided agreements that set a normative price were based on the grounds that the market price determined by unequal partners was unfair and that internationally agreed developmental goals implied untied and unconditional resource transfers by means of normative, higher than market, prices. These two sets of principles were incompatible. As a result negotiations were not only difficult but inconclusive. Another reason for this outcome was that the question of the cost effectiveness of market duplicating agreements based on the principle of balanced interests was unresolved. These reasons explain why commodity agreements do not figure currently in substantive discussions on North-South cooperation and why only three commodity agreements have a functional role and even of these three, one is not in force definitively.     

Millennium Consumption Goals (MCGs) for Rio+20 and beyond: A practical step towards global sustainability

In January 2011, the idea of Millennium Consumption Goals (MCGs) was first proposed at the United Nations, because unsustainable patterns of consumption and production have led to multiple problems threatening the future of humanity. The global economy driven by consumption already uses natural resources equivalent to almost 1.5 planets earth, with the world's richest 1.4 billion consuming almost 85% of global output, which is over 60 fold the consumption of the poorest 1.4 billion. The consumption of the rich is not only ecologically unsustainable, but also “crowding out” the prospects of the poor and exacerbating inequalities that increase the risk of conflict and global unrest. The MCGs provide an innovative future vision and complement the Millennium Development Goals (MDGs) that aim to help the world's poor. First, the MCGs seek to address the issues of global poverty and inequality by ensuring that the basic consumption needs of over 2 billion poor people are met. Next, the MCGs will provide benchmarks for the consumption of the rich, which will reduce the burden on the world's natural resource base. Instead of viewing the affluent as a problem, the novel approach of the MCGs would persuade them to contribute to the solution without having to reduce their quality of life. The MCGs apply even‐handedly to the rich in all countries. The concept enjoys broad support worldwide and is being promoted by a global coalition called the MCG Initiative (MCGI). A bottom‐up approach has already been started by many pioneering individuals, communities, organizations, firms, cities, regions and nations. They prefer not to wait for broad multilateral agreements and are acting now, to voluntarily pursue their own specific MCGs. A parallel top‐down path is being pursued through mandatory agreements at the United Nations/international level, starting with the Rio+20 Earth Summit and beyond. The MCGs fit in with other major UN initiatives like Agenda 21, the MDGs, green economy, SCP and the Sustainable Development Goals.     

Bridging the gaps for global sustainable development: A quantitative analysis

Global human progress occurs in a complex web of interactions between society, technology and the environment as driven by governance and infrastructure management capacity among nations. In our globalizing world, this complex web of interactions over the last 200 years has resulted in the chronic widening of economic and political gaps between the haves and the have-nots with consequential global cultural and ecosystem challenges. At the bottom of these challenges is the issue of resource limitations on our finite planet with increasing population. The problem is further compounded by pleasure-driven and poverty-driven ecological depletion and pollution by the haves and the have-nots respectively. These challenges are explored in this paper as global sustainable development (SD) quantitatively; in order to assess the gaps that need to be bridged.Although there has been significant rhetoric on SD with very many qualitative definitions offered, very few quantitative definitions of SD exist. The few that do exist tend to measure SD in terms of social, energy, economic and environmental dimensions. In our research, we used several human survival, development, and progress variables to create an aggregate SD parameter that describes the capacity of nations in three dimensions: social sustainability, environmental sustainability and technological sustainability. Using our proposed quantitative definition of SD and data from relatively reputable secondary sources, 132 nations were ranked and compared.Our comparisons indicate a global hierarchy of needs among nations similar to Maslow's at the individual level. As in Maslow's hierarchy of needs, nations that are struggling to survive are less concerned with environmental sustainability than advanced and stable nations. Nations such as the United States, Canada, Finland, Norway and others have higher SD capacity, and thus, are higher on their hierarchy of needs than nations such as Nigeria, Vietnam, Mexico and other developing nations. To bridge such gaps, we suggest that global public policy for local to global governance and infrastructure management may be necessary. Such global public policy requires holistic development strategies in contrast to the very simplistic north–south, developed–developing nations dichotomies.     

INTERBASIN TRANSFER-THE INTERNATIONAL DIMENSION1

ABSTRACT. A number of interbasin transfers are technically possible on an international scale but extremely few have been developed or are in prospect of early development. The institutional constraints are strong and nationalistic reactions to proposals which strongly favor either one of the nations involved have contributed to delays in development. Many of the more striking illustrations of the problems and opportunities relating to international transfers are present in the proposals for Canadian water export to the United States. Some have antagonized Canadians and made further negotiation difficult but phased and sequential transfers are possible and some could complement Canadian development. An important early phase might be the provision of guarantees for replacement supplies in option agreements that would free current surpluses within the United States for more intensive use. It should no longer be assumed that engineering development will provide adequate benefits for the source region. Allowances for opportunity costs, environmental improvements and some profit on sales appear to be needed for upstream areas if transfers are to be made. Many hazards are present but these can be more than offset by the opportunities if both countries strive for mutual benefit through rational study and continuing negotiation.     

Proposal for a Transatlantic Platform for Consumer Concerns and International Trade

Consumer concerns pop up. They are relatedto the safety of agrifood products for people, foranimals, and for the environment as well as the socialand ethical implications of certain agrifoodproduction methods. At first sight, the WTO agreementand the SPS and TBT agreements appear to offersufficient legal scope to deal with these concerns andresolve trade conflicts. The events of recent years,however, have shown the limitations of theseagreements in dealing with cultural differencesbetween nations and in dealing with the social andpolitical pressure on national governments to lay downrestrictive, trade distorting measures. It is vitalthat we consider the dynamic relationship betweennational governments, civil society, and the market.In the United States, Canada, and Europe, thisrealization is growing. We propose that these issuesshould be studied by experts in several disciplines:technical experts, hygiene experts and veterinarians,public administration experts, lawyers, philosophers,ethicists, sociologists, and, of course, economists.To unite these disciplines and provide a platform fordiscussion in the light of international tradeliberalisation, the cultural identity of distinctcommunities, and the functioning of the democraticnation state an international network is needed. Wetherefore propose establishing a network to explorethe issues and dynamics described above. The networkshould be international and interdisciplinary withparticipants, initially, from science and government.The purpose of the network would be to present newperspectives to the negotiating parties in the nextWTO round. The first steps to development of thisnetwork have since been taken and an initial group hasbeen established.     

Encouraging Natural Gas Exploration in Developing Countries

Significant distinctions that exist between crude oil and natural gas compel that separate terms for gas be included in petroleum agreements. Fiscal terms, production shares and cost recovery are, like oil, important economic considerations in gas agreements. However, unlike oil agreements, other economic terms will also need to receive attention because gas agreements need to give explicit recognition to the process for commercializing the gas discovery.     

Implementing Agri-environment Policy: A Landscape Ecology Perspective

An integrated, landscape-scale approach to countryside management argues for whole farm or business targeting, and for inter-farm co-operation to enhance current Agri-environmental Policy (AEP) and to meet Agri-environmental Policy objectives. This paper describes the preliminary results of a study in the Lake District Environmentally Sensitive Area (ESA), using the ArcView GIS. Spatial data describing the characteristics of farms, farm businesses and farmers are analysed. It is suggested that there is scope for spatially adjacent farms to co-operate through multi-farm management agreements, to achieve and advance the stated aims of the Lakes ESA. The discussion focuses on the potential of AEP schemes to be reoriented away from their present focus on individual farms and holdings, towards a broader geographical coverage and an integrated approach to the management of land across ownership boundaries.     

Case study: Voluntary agreements in environmental management at formosa plastics

Three agreements addressing environmental and safety performance, zero discharge of wastewater and sustainable development have been signed between Formosa Plastics Corporation, Texas (Formosa Plastics), and its former adversaries. The key element of the agreements is the improvement of the affected community. These agreements go beyond public information and beyond procedures for public participation. They have led to meaningful public participation and partnership and are unique in this respect. The following article explores the setup and results of each agreement. The initial agreement, the Blackburn-Formosa Agreement, signed in 1992, set the stage for subsequent partnerships. The Wilson-Formosa Zero Discharge Agreement followed in 1994. Finally, the Sustainable Development Agreement was signed by Jim Blackburn, Diane Wilson, and Formosa Plastics in late 1997. These agreements have proven very successful in avoiding disputes and helping improve company performance in environmental and safety issues. In many respects, these agreements offer a model for others in working with an affected community.     

Indigenous Resource Rights and Mining Companies in North America and Australia

A Contrast is made between indigenous resource rights in North America and Australia. The extent to which the indigenous people of these two continents may prevent mining and exploration on their land is examined. It is demonstrated that whereas some Australian Aboriginals have recently acquired limited veto rights to prevent development, the veto rights of the indigenous people in North America are long-standing and unqualified. In addition, the terms and conditions of mining and petroleum agreements which have been entered into by indigenous people in North America are discussed. These agreements are shown to be better than agreements signed with Australian Aboriginals.     

The post-war tin agreements: An assessment

International collaboration between tin producers has existed for over 20 years. Although normally considered moderately successful, there is some evidence that these agreements have lasted largely because of their relative ineffectiveness. The author looks at the ecpnomic basis of the tin agreements and at the policy of the International Tin Council (ITC) during the years 1956–1976. He goes on to consider the future role of export controls and at the possibility of indexing the agreements to take into account inflation.     

Assessment of Cobalt-Rich Manganese Crusts in the Hawaiian, Johnston and Palmyra Islands' Exclusive Economic Zones

Cobalt-rich manganese crusts occurring within the 200 mile Exclusive Economic Zones (EEZs) of Pacific island nations may be of long-term strategic importance to the major industrialized nations and represent an important long-term development option for Pacific island nations.
A resource assessment methodology is described and used to estimate the resource potential of cobalt, copper, nickel and manganese within the EEZs of the Hawaiian Archipelago, Johnston and Palmyra Islands. Results of this study indicate a resource of roughly 10 million tons of cobalt, 6 million tons of nickel, 1 million tons of copper and 300 million tons of manganese within the study area.
Available data on manganese crusts and ocean bottom topography is inadequate for undertaking a full assessment of the resource potential of crusts within the EEZs of most Pacific island nations. Therefore it is recommended that to evaluate the potential of these nations a comprehensive research programme should be developed and implemented.     

A Paradigm of International Environmental Law: The Case for Controlling the Transboundary Movements of Hazardous Wastes

The production of large quantities of wastes globally has created a commercial activity involving the transfrontier shipments of hazardous wastes, intended to be managed at economically attractive waste-handling facilities located elsewhere. In fact, huge quantities of hazardous wastes apparently travel the world in search of “acceptable” waste management facilities. For instance, within the industrialized countries alone, millions of tonnes of potentially hazardous waste cross national frontiers each year on their way for recycling or to treatment, storage, and disposal facilities (TSDFs) because there is no local disposal capacity for these wastes, or because legal disposal or reuse in a foreign country may be more environmentally sound, or managing the wastes in the foreign country may be less expensive than at home. The cross-boundary traffic in hazardous wastes has lately been under close public scrutiny, however, resulting in the accession of several international agreements and laws to regulate such activities. This paper discusses and analyzes the most significant control measures and major agreements in this new commercial activity involving hazardous wastes. In particular, the discussion recognizes the difficulties with trying to implement the relevant international agreements among countries of vastly different socioeconomic backgrounds. Nonetheless, it is also noted that global environmental agreements will generally be a necessary component of ensuring adequate environmental protection for the world community—and thus a need for the careful implementation of such agreements and regulations.     

NEW DEVELOPMENTS IN THIRD WORLD MINING AGREEMENTS

The long-term trend toward mineral resource development agreements that reflect the desires of developing country governments as well as those of foreign investors is not always clear-cut. At times, conditions in the market for a particular mineral and general financial conditions may affect the balance of bargaining power between governments and investors. Mr Zorn's analysis of two recent copper agreements, in Panama and Papua New Guinea, shows that foreign investors have been able to achieve favorable provisions for the early return of capital and for ensuring investor control over key management decisions. At the same time, the host governments have won provisions that may increase their 'take' from the projects in the longer term.     

RENEWABLE ENERGY SOURCES: THE CASE OF BRAZIL

Industrial nations have based their economic and social development on the use of fossil fuels (coal, petroleum and natural gas). This trend is being followed by many developing countries which have neither the natural resources nor the manpower to adopt this path. As a result one finds in many of these countries 'islands of prosperity' (based on consumption patterns copied from industrial nations) surrounded by a 'sea of poverty.' The problems resulting from this dual social structure are obvious in many parts of the world. It is argued here that renewable energy sources are a natural basis for the development of the poorer countries and that intelligent use of hydropower, biomass and direct solar energy can shortcut many of the problems faced today by industrial nations. The case of Brazil is analyzed as one of the countries in which these solutions are being tried.