When a state draws on more than its fair share of water or pollutes its rivers, downstream nations are affected. With over 300 major waterways shared by more than one state, growing demands for water are the crux of conflicts all over the world. But what are the legal rights and obligations and who defines them?
Water law experts at The University of Dundee are poised to tackle this difficult issue. They have just received £330,000 - the university's biggest ever grant for policy research - to develop a legal assessment model -- a "LAM" -- to help states evaluate their legal entitlements and obligations to water that crosses boundaries. This research is funded by the Department for International Development (DFID) and will be undertaken over 2 years. It will focus on the difficult issues in the context of the UK Government's international development goal of poverty elimination.
Dr Patricia Wouters at the University's International Water Law Research Institute explains: "Sorting out these difficult issues has major implications in the struggle to eradicate poverty. Access to water by the poor requires an effective and enforceable national water policy. The most difficult issue for a transboundary watercourse state is to identify their legal entitlement to waters shared with other states. These states face serious challenges in assessing both the quality and quantity of shared waters they are entitled to, or that they are obliged to provide to their neighbours. The governing rule of international water law cites 'equitable and reasonable utilisation' and requires that all 'relevant factors' be considered. Our aim is to come up with an operational definition of 'equitable and reasonable utilisation' -- the LAM, that states can use to determine their legal entitlement and obligations regarding their shared freshwaters."
The researchers will take a practical approach based on three examples - upstream (China); downstream (Mozambique) and shared groundwater (Palestine). The country teams are enhancing their expertise in international water law at the Dundee International Water Law Research Institute.
The legal assessment model (LAM) will allow all relevant factors to be identified and evaluated taking account of legal, economic and hydrological perspectives. This is a critical shortcoming in most approaches to water resources management at the national (and international levels). Dundee is pioneering an innovative approach to operationalising an interdisciplinary approach to managing the world's water resources.
Dr Wouters: "We aim to devise a methodology that identifies the data needed to quantify the relevant factors, developing guidelines for the collection, processing and assessment of that data so that a generic model can be developed capable of being used anywhere. This would assist watercourse States around the world and encourage the peaceful management of their shared resources."
Next week (6-8 August) more than 200 water experts from around the world will gather at the University of Dundee to discuss these controversial issues at the Dundee annual water law seminar, titled: "Globalisation and Water Management. The Changing Value of Water."
Notes for editors:
1. The seminar takes place at the West Park Centre, Perth Road, Dundee
from 6-8 August. It will be co-convened with the American Water
Resources Association.
2. 'Demand for Water is rising. In many places there is a looming crisis. The situation disproportionately affects poor people's lives and livelihoods. Greater competition for scarce water creates conditions of conflict, from the international basin to the local community level. Poor people have the least influence. Few countries have developed policies that reflect the needs of poor communities.' Secretary of State Clare Short's speech at the launch of DFID's Water Strategy Paper to mark World Water Day this year.
3. "Many countries desperately need clearer legal frameworks for efficient and equitable allocation and effective use of water and to ensure sustainable management of the water resource base for future generations. The University of Dundee is playing a pivotal role in bringing this to reality," George Foulkes MP to the Scottish Grand Committee 10/7/00.