transboundary aquifer management: a case study of the guarani aquifer system
TRANSCRIPT
Transboundary Groundwater Management:
The Guarani Aquifer System
Manohar Patole Robert F. Wagner Graduate School of Public Service
New York University
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Presentation Outline
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• Government vs Governance
• What kind of problem is TBA Management?
• Basics of the Guarani Aquifer System
• Coordinated Management Framework 2009
• The Agreement on the Guarani Aquifer 2010
• Comparative Analysis
• Conclusions and Recommendations
Government vs Governance
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• Governance is what Governments (or any governing body) does • Governance is the exercise of powers that are bestowed
upon an institution according to set rules and regulations using a system of bureaucracy.
Simple, Complicated or Complex?
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Understanding the difference between complex and complicated systems is becoming important for many
aspects of management and policy.
• Simple Problems: cause and effect relationships are repeatable,
perceivable and predictable
• Complicate Problems: one can define the problem and
strategically develop actions, benchmarks and time-scales to
predict outcomes within percentage error
• Complex Problems: cause and effect are difficult to predict
outcomes consistently
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Simple, Complicated or Complex?
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Simple, Complicated or Complex?
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Transboundary Aquifer Management
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• Considerations in TBA Management • Resource Availability • National Priorities
• Economic • Socio-Political • Environmental
• Legal Traditions • Government and Governance Structure
• Where is water? • Capacity
Therefore…
Is Transboundary Aquifer Management then Complicated or Complex?
The Basics: Guarani Aquifer System
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• Physical Characteristics • Member Nations
• Argentina • Legal Tradition • Water Governance
• Brasil • Legal Tradition • Water Governance
• Paraguay • Legal Tradition • Water Governance
• Uruguay • Legal Tradition • Water Governance
• Guarani Management • Existing Treaties
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The Framework
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• Unique • PSAG was proactive not reactive to regional conflict • Stakeholders beyond governments
• Agreement & Customary Law Principles • Scope • Substantive Rules • Procedural Rules • Dispute Settlement Mechanisms
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The Framework
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• Unique • PSAG was proactive not reactive to regional conflict • Stakeholders beyond governments
• Agreement & Customary Law Principles • Scope • Substantive Rules • Procedural Rules • Dispute Settlement Mechanisms
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The Agreement
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• Unique • First under auspices of UN Resolution 63/124 • PSAG was proactive not reactive to regional conflict • Stakeholders beyond governments
• Agreement & Customary Law Principles • Article 4 – Equitable and Reasonable Use • Article 6 – No Significant Harm • Articles 8, 9, 10, & 12 – Sharing Information • Articles 8, 9, 10, 12 &13 – Cooperation • Article 5, 10 – Prior Notification • Articles 7, 9, 10, & 12 – Environmental Protection
• Other Points • Articles 15 & 17 – Dispute Resolution • Articles 1, 2 & 3 – Sovereignty Principle
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The Framework vs Agreement
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Framework • Pro’s • Con’s • Other Points
Agreement • Pro’s • Con’s • Other Points
Conclusions and Recommendations
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The Framework to the Agreement is great leap forward for treaty practice of groundwater in the international arena However, still meager in comparison to surface waters mainly due to the limitations of sovereignty, the uncertainty and heterogeneity of aquifers Need to have greater vertical and horizontal institutional coordination and communication for better governance of TBA’s Customary International Law versus the Governance of TBA still needs further research
Thank You
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