the guarani aquifer agreement and the role of non-state actors · the guarani aquifer agreement ....
TRANSCRIPT
Public Participation and Water Resources Management: Where Do We Stand in
International Law?
13 December 2013 UNECE and UNIGE Platform for International Water Law Palais des Nations, Room V
The Guarani Aquifer Agreement and the role of
non-State Actors
Francesco Sindico Reader in International Environmental Law School of Law, University of Strathclyde, Glasgow
o 2010: Seminar @ the University of Surrey, Guildford, UK & 2011: Conference @ the University of Sao Paulo, Brazil
13.3 International Community Law Review
(2011) 123.3 Boletin Geologico Minero (2012)
o 15-16 October 2013 International
Roundtable Conference “International Water Cooperation and the Management of Transboundary Aquifers”, Glasgow
Glasgow Statement on International Water
Cooperation and Transboundary Aquifers
Context
o The Guarani Aquifer Agreement Aquifers and Transboundary Aquifers (TBA): A
Hydrogeological and an International Law Approximation
o Non State Actors and Public Participation in
the Guarani Aquifer Agreement
Outline
o The Guarani Aquifer System Transboundary aquifer system
(Argentina, Brazil, Paraguay and Uruguay)
Underground geological formation (container / rock)
Groundwater contained therein
o Water resources are not (yet) in crisis Climate Change Population increase and change
in land use
The Guarani Aquifer Agreement
o The long road to cooperation Guarani Project (2003/09) Negotiations in 2004/05 Guarani Aquifer Agreement
(2010) o Implementation of the Guarani
Aquifer Agreement (2013) Commission under the Treaty of
the River Plate Basin (art. 15) Ratified only by Uruguay and
Argentina Key role of Brazil
The Guarani Aquifer Agreement
The Guarani Aquifer Agreement
UNILC Draft Articles on the Law of TBA (2008)
Guarani Aquifer Agreement takes into
account the Draft Articles(2010)
A/68/470 (2013) takes note of the Guarani Aquifer Agreement
o The Guarani Aquifer Agreement One of the few examples of
international treaties in the field of TBA management
Refers to the UNILC Draft Articles Recent discussion at the UNGA
6th Committee on the future of the Draft Articles refers to the Guarani Aquifer Agreement • And to the Model Provisions
on Transboundary Groundwaters
No tangible presence of public participation in the Agreement…
But if public participation is a
component of other obligations provided for in the Agreement…
And if public participation is part of (or
becoming part of) general international law…
Then…. It will still be
relevant/applicable.
Non State Actors and Public Participation in the Guarani Aquifer Agreement
o But if public participation is a component of other obligations provided for in the Agreement…
Environmental impact
assessment (GAA, arts. 9 and 10) Relationship between public
participation and Environmental Impact Assessment
Non State Actors and Public Participation in the Guarani Aquifer Agreement
o And if public participation is part of (or becoming part of) general international law…
GAA art. 5: “When the Parties intend to undertake
studies, activities or work related to parts of the GAS that are located in their respective territories, and that may have effects beyond their respective boundaries, they shall act in agreement with the principles and norms of applicable international law.”
Non State Actors and Public Participation in the Guarani Aquifer Agreement
o River Uruguay Treaty Does not require EIA Parties to the treaty are
not parties to the ESPOO Convention
Still, the ICJ made it clear that Argentina and Uruguay were bound by the international legal obligation to undertake an EIA
Non State Actors and Public Participation in the Guarani Aquifer Agreement
o Guarani Aquifer Agreement Does not require public
participation (public consultation)
Parties to the GAA are not parties to the Aarhus Convention
Are the GAA Parties bound by an emerging international legal obligation to carry out public consultation?
EIA and public
participation
TBA dimension
Non State Actors and Public Participation in the management of a TBA
TBA
Activity in State A • Groundwater
exploitation • Shale gas exploitation • Underground
infrastructure (metro)
May cause significant harm in State B • To the
groundwater and/or
• To the geological formation
State A
Public in State B
Business
Public in State A
Conclusion
Uruguay River / Guarani Aquifer
Espoo Convention /
Aarhus Convention
Environmental Impact
Assessment / Public
participation
o Then…. Public participation is
applicable/relevant to the GAA countries
GAA is not yet in force, but this would not matter
Relevant in the context of shale gas exploration/exploitation in Brazil
Conclusion
Conclusions
o A/68/470, The Law of Transboundary Aquifers “Commends to the attention of
Governments the draft articles on the law of transboundary aquifers annexed to the present resolution as guidance for bilateral or regional agreements and arrangements for the proper management of transboundary aquifers;
o Opening of the UNECE Water Convention to all UN Member States Model
Provisions on Transboundary Groundwaters adopted by the sixth MOP to the UNECE Water Convention
From taking into account (2009) to guidance (2013)
Francesco Sindico Director, Strathclyde Centre for Environmental Law and Governance http://www.strath.ac.uk/scelg/ Programme Director, Strathclyde LLM in Climate Change Law and Policy http://www.strath.ac.uk/humanities/courses/law/courses/climate_change_l
aw_policy_llm/ Glasgow Statement on International Water Cooperation and Transboundary
Aquifers http://www.strath.ac.uk/media/faculties/hass/law/scelg/Glasgow_Stateme
nt_on_International_Warer_Cooperation_and_Transboundary_Aquifers.pdf
Thank you!
