the guarani aquifer agreement: the role of non state actors
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“The Guarani Aquifer Agreement: The Role of Non State Actors” @ Public Participation and Water Resources Management: Where do We Stand in International Law Conference 13 December 2013, organized by the United Nations Economic Commission for Europe and the Platform for International Water Law of the University of Geneva, Room V, Palais des Nations, United Nations Headquarters, GenevaTRANSCRIPT
Public Par*cipa*on and Water Resources Management: Where Do We Stand in
Interna*onal Law?
13 December 2013 UNECE and UNIGE Pla7orm for Interna;onal Water Law Palais des Na;ons, Room V
The Guarani Aquifer Agreement and the role of
non-‐State Actors
Francesco Sindico Reader in Interna;onal 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 Interna;onal Community Law Review
(2011) § 123.3 Bole;n Geologico Minero (2012)
o 15-‐16 October 2013 Interna;onal Roundtable Conference “Interna;onal Water Coopera;on and the Management of Transboundary Aquifers”, Glasgow
§ Glasgow Statement on Interna;onal Water
Coopera;on and Transboundary Aquifers
Context
o The Guarani Aquifer Agreement § Aquifers and Transboundary Aquifers (TBA): A
Hydrogeological and an Interna;onal Law Approxima;on
o Non State Actors and Public Par;cipa;on in
the Guarani Aquifer Agreement
Outline
o The Guarani Aquifer System § Transboundary aquifer system
(Argen;na, Brazil, Paraguay and Uruguay)
§ Underground geological forma;on (container / rock)
§ Groundwater contained therein
o Water resources are not (yet) in crisis § Climate Change § Popula;on increase and change
in land use
The Guarani Aquifer Agreement
o The long road to coopera;on § Guarani Project (2003/09) § Nego;a;ons in 2004/05 § Guarani Aquifer Agreement
(2010) o Implementa;on of the Guarani
Aquifer Agreement (2013) § Commission under the Treaty of
the River Plate Basin (art. 15) § Ra;fied only by Uruguay and
Argen;na § Key role of Brazil
The Guarani Aquifer Agreement
The Guarani Aquifer Agreement
UNILC Drae Ar;cles on the Law of TBA (2008)
Guarani Aquifer Agreement takes into account the Drae Ar;cles(2010)
A/68/470 (2013) takes note of the Guarani Aquifer Agreement
o The Guarani Aquifer Agreement § One of the few examples of
interna;onal trea;es in the field of TBA management
§ Refers to the UNILC Drae Ar;cles § Recent discussion at the UNGA
6th Commihee on the future of the Drae Ar;cles refers to the Guarani Aquifer Agreement • And to the Model Provisions
on Transboundary Groundwaters
§ No tangible presence of public par;cipa;on in the Agreement…
§ But if public par;cipa;on is a
component of other obliga;ons provided for in the Agreement…
§ And if public par;cipa;on is part of (or
becoming part of) general interna;onal law…
§ Then…. It will s;ll be relevant/
applicable.
Non State Actors and Public Par>cipa>on in the Guarani Aquifer Agreement
o But if public par;cipa;on is a component of other obliga;ons provided for in the Agreement…
§ Environmental impact
assessment (GAA, arts. 9 and 10) § Rela;onship between public
par;cipa;on and Environmental Impact Assessment
Non State Actors and Public Par>cipa>on in the Guarani Aquifer Agreement
o And if public par;cipa;on is part of (or becoming part of) general interna;onal law…
§ GAA art. 5: “When the Par;es intend to undertake
studies, ac;vi;es or work related to parts of the GAS that are located in their respec;ve territories, and that may have effects beyond their respec;ve boundaries, they shall act in agreement with the principles and norms of applicable interna>onal law.”
Non State Actors and Public Par>cipa>on in the Guarani Aquifer Agreement
o River Uruguay Treaty
§ Does not require EIA § Par;es to the treaty are
not par;es to the ESPOO Conven;on
§ S;ll, the ICJ made it clear that Argen;na and Uruguay were bound by the interna;onal legal obliga;on to undertake an EIA
Non State Actors and Public Par>cipa>on in the Guarani Aquifer Agreement
o Guarani Aquifer Agreement
§ Does not require public par;cipa;on (public consulta;on)
§ Par;es to the GAA are not par;es to the Aarhus Conven;on
§ Are the GAA Par;es bound by an emerging interna;onal legal obliga;on to carry out public consulta;on?
EIA and public
par>cipa>on
TBA dimension
Non State Actors and Public Par>cipa>on in the management of a TBA
TBA
Ac;vity in State A • Groundwater
exploita;on • Shale gas exploita;on • Underground
infrastructure (metro)
May cause significant harm in State B • To the
groundwater and/or
• To the geological forma;on
State A
Public in State B
Business
Public in State A
Conclusion
Uruguay River / Guarani Aquifer
Espoo Conven;on /
Aarhus Conven;on
Environmental Impact
Assessment / Public
par>cipa>on
o Then…. § Public par;cipa;on is applicable/
relevant to the GAA countries § GAA is not yet in force, but this
would not maher § Relevant in the context of shale
gas explora;on/exploita;on in Brazil
Conclusion
Conclusions
o A/68/470, The Law of Transboundary Aquifers § “Commends to the ahen;on of
Governments the drae ar;cles on the law of transboundary aquifers annexed to the present resolu;on as guidance for bilateral or regional agreements and arrangements for the proper management of transboundary aquifers;
o Opening of the UNECE Water Conven;on to all UN Member States § Model Provisions on Transboundary Groundwaters adopted by the sixth MOP to the UNECE Water Conven;on
From taking into account (2009) to guidance (2013)
§ Francesco Sindico Director, Strathclyde Centre for Environmental Law and Governance hhp://www.strath.ac.uk/scelg/ Programme Director, Strathclyde LLM in Climate Change Law and Policy hhp://www.strath.ac.uk/humani;es/courses/law/courses/
climate_change_law_policy_llm/ Glasgow Statement on Interna;onal Water Coopera;on and Transboundary
Aquifers hhp://www.strath.ac.uk/media/facul;es/hass/law/scelg/
Glasgow_Statement_on_Interna;onal_Warer_Coopera;on_and_Transboundary_Aquifers.pdf
Thank you!
