The management of the Guarani Aquifer System and the UN ILC Draft Articles on the law of Transboundary Aquifers
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1 Transboundary Aquifers and International Law: The Experience of the Guarani Aquifer System University of Surrey, 31 August 2010 The management of the Guarani Aquifer System and the UN ILC Draft Articles on the law of Transboundary Aquifers Francesco Sindico, University of Surrey
2 Outline The perception of the UN ILC Draft Articles in the region The UN ILC Draft Articles and the management of the Guarani Aquifer System The Guarani Aquifer Agreement and the future of the Draft Articles
3 1. The perception of the UN ILC Draft Articles in the region April 2010 fieldtrip Lawyers at Ministries of Foreign Affairs Non lawyers Civil society Students
4 1. The perception of the UN ILC Draft Articles in the region The invisibility of the ILC Draft Articles Dissemination Communication with non lawyers
5 2. The UN ILC Draft Articles and the GAS ILC Draft Articles Guarani Aquifer Project Guarani Aquifer Agreement 2002 X 2003 X X 2004 X X X 2005 X X X 2006 X X 2007 X X 2008 X X 2009 X 2010 X 2011 X
6 2. The UN ILC Draft Articles and the GAS Factors that triggered the Guarani Aquifer Agreement in 2010 Guarani Aquifer Project Taking into consideration the valuable results from the Project for Environmental Protection and Sustainable Development of the Guarani Aquifer System, (preamble) Pulp Mills dispute ILC Draft Articles Taking into account also the Resolution 63/124 of the United Nations General Assembly on the Law of Transboundary Aquifers (preamble)
7 2. The UN ILC Draft Articles and the GAS The actual impact of the UN ILC Draft Articles on the Guarani Aquifer Agreement Guarani Aquifer Agreement 2010 and 2005 Negotiating text Influence on the policymakers Influence on the content of the Guarani Aquifer Agreement
8 3. The Guarani Aquifer Agreement and the future of the ILC Draft Articles ILC Draft Articles Guarani Aquifer Project Guarani Aquifer Agreement 2002 X 2003 X X 2004 X X X 2005 X X X 2006 X X 2007 X X 2008 X X 2009 X 2010 X 2011 X
9 3. The Guarani Aquifer Agreement and the future of the ILC Draft Articles UN General Assembly Resolution ILC Draft Articles 63/124. The law of transboundary aquifers, 5 Encourages the States concerned to make appropriate bilateral or regional arrangements for the proper management of their transboundary aquifers, taking into account the provisions of these draft articles Guarani Aquifer Agreement, preamble Taking into account also the Resolution 63/124 of the United Nations General Assembly on the Law of Transboundary Aquifers
10 3. The Guarani Aquifer Agreement and the future of the ILC Draft Articles Guarani Aquifer Agreement Will it help towards a gobal convention? Is a global convention on transboundary aquifers desirable?
11 3. The Guarani Aquifer Agreement and the future of the ILC Draft Articles Will the Guarani Aquifer Agreement help towards a gobal convention? A further element of state practice before the 6th Committee of the UN General Assembly in 2011 Diference with the Franco Swiss Geneva Agreeement Best practice: flexibility regarding border areas The Parties shall cooperate in the identification of critical areas, especially boundary areas that require specific treatment measurements., art. 14, Guarani Aquifer Agreement
12 3. The Guarani Aquifer Agreement and the future of the ILC Draft Articles Global Convention as a negative development in international water law Sovereignity as the cornerstone of a new global convention Each aquifer State has sovereignty over the portion of a transboundary aquifer or aquifer system located within its territory. It shall exercise its sovereignty in accordance with international law and the present articles, Art. 3 ILC Draft Articles Each Party exercises sovereign territorial control over their respective portions of the Guarani Aquifer System, in accordance with their constitutional and legal arrangements, and in agreement with the norms of applicable international law., Art. 2 of the Guarani Aquifer Agreement McCaffrey: regression to the Harmon doctrine (AJIL, 2009)
13 3. The Guarani Aquifer Agreement and the future of the ILC Draft Articles Global Convention as a negative development in international water law (caveat) National sovereignity and the specific geo-political characteristics of the region where a transboundary aquifer is located Guarani Aquifer System: hydromyths (Argentina) Guarani Aquifer System: water as a public good / human right (Uruguay)
14 3. The Guarani Aquifer Agreement and the future of the ILC Draft Articles Global Convention as a positive development in international water law (influence on policy makers) ILC Draft Articles and the Guarani Aquifer Agreement Gobal convention and countries sharing a transboundary aquifer Project Agreement
15 3. The Guarani Aquifer Agreement and the future of the ILC Draft Articles Global Convention as a positive development in international water law More balanced approach to national sovereignity (general) Tailored to characteristics and sensitivities of specific transboundary aquifers (specific)
16 Conclusions UN ILC Draft Articles one of the factors that triggered political will that led to the Guarani Aquifer Agreement The Guarani Aquifer Agreement as a further element of state practice towards a global convention on transboundary aquifers A Global convention can be a positive development for international groundwater law More balanced approach to national sovereignty Degree of flexibility allowed for border areas
17 Thank you! Francesco Sindico Lecturer, School of Law, University of Surrey Deputy Director, Environmental Regulatory Research Group (
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