Reframing the water security dialogue

Journal of Water Law

Volumn 20, Issue 2-3, 2009, Pages 53-60

  Tarlock, Dan ^a   Wouters, Patricia ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

GROUNDWATER RESOURCE; INTERGOVERNMENTAL PANEL ON CLIMATE CHANGE; INTERNATIONAL LAW; NATIONAL SECURITY; RIVER SYSTEM; SUSTAINABLE DEVELOPMENT; WATER PLANNING; WATER STRESS; WATER USE;

EID: 77954449367     PISSN: 14785277     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (110)

1. See inter alia, United Nations Development Programme Human Development Report 2006: Beyond Scarcity: Power, Poverty and the Global Water Crisis (Paigrave Macmillan New York 2006) at vi. 'Two obvious dangers emerge. First, as national competition for water intensifies, people with the weakest rights - small farmers and women among them - will see their entitlements to water eroded by more powerful constituencies. Second, water is the ultimate fugitive resource, traversing borders through rivers, lakes and aquifers - a fact that points to the potential for cross-border tensions in water- stressed regions. Both dangers can be addressed and averted through public policies and international cooperation - but the warning signs are clearly visible on both fronts:
2. See also, 2030 Water Resources Group 'Charting Our Water Future - Economic Frameworks to Inform Decision-Making' (2009) (2009 McKinsey Report) available at httpi/www.mckinsey.com/App-Media/Reports/Water/Charting-Our-Water- Future-Full-Report-001.pdf;B C Bates et al 'Climate Change and Water: Technical Paper of the Intergovernmental Panel on Climate Change' (2008) (IPPC Water and Climate Report) available at httpl/www.ipcc.chlpdfltechnical-papers/climate- change-water-en.pdf.
3. See also, United Nations Children's Fund Water, Sanitation and Hygiene Strategies for 2006-2015(2005) UN Doc E/ICEF/2006/6, available at http://www.unicef.org/about/execboard/files/06-6-WASH-fina-l-ODS.pdf, which states: '[t]ragically, access to safe, clean water is a luxury for many communities and it is becoming scarcer by the day as climate change dries up the water tables and depletes rainfall, leaving communities to battle the devastating effects of drought'
4. D Rushe 'Hurtling to a scary future' The Sunday Times (3 January 2010) available at http//business.timesonline.co.uk/tol/business/article 6973967.ece. The Institute for the Future's Ten-Year Forecast focuses on five key areas, including 'the future of water' as one of these main topics. Water is a "huge issue" that has yet to surface in the developed world says Marina Gorbis, the Institute's executive director. 'A "blue economy" is likely to emerge as the cost of water increasingly hits energy, food, manufacturing and other sectors. Local conflicts are already emerging over water.'
5. D Tarlock 'How Well Can International Water Allocation Regimes Adapt to Global Climate Change?' (2000) 15 Journal of Land Use and Environmental Law 423-429.
6. Leviticus 26: 19-20.
7. In the Chinese creation story, after 45,600 years of rule by mythical human-beast emperors, the legendary monarch Fu Xi and his sister-consort Nu Wu appeared between 2852 and 2734 B.C. on the North China Plain. They are credited with the invention of writing, music, marriage and the worship of a supreme being as well as with water management and flood control 'so crucial to the well-being of the Chinese state M W Meyer China: A Concise History (Rowman & Littlefield Lanham, MD 2nd edn 1994) at 116.
8. Warning from the leadership of Lashkar-e-Taiba, which carried out the Mumbai attacks, quoted in The Hindustan Times and reported in Circle of Blue Waternews Pakistan Raises Water Issue during Diplomatic Talks with India' (1 March 2010) available at http:llwww.circleofblue.org/waternews/2010/world/south. asia/pakistan-raises-water-issue-during-diplomatic-talks-with.india/. Yet Pakistan observers argue that the water issue is a recruitment tool for terrorist groups in their country.
9. The 'image of the Virgin Mary in the church of the lmpruneta, near Florence, [⋯] was carried in procession to produce rain in times of drought or to stop the rain when there was too much [⋯]' P Burke The Italian Renaissance: Culture and Society in Italy (Princeton University Press Princeton, NJ 1986) at 125.
10. I G Simmons Environmental History: A Concise Introduction (Blackwell Publishers Oxford 1993) at 179.
11. N Pounds An Historical and Political Geography of Europe (GG Harrap London 1947).
12. J D Hughes Pan's Travail: Environmental Problems of the Ancient Greeks and Romans (The Johns Hopkins University Press Baltimore, MD 1994) at 194 concludes that '[e]nvironmental changes as a result of human activities must be judged to be one of the causes of the decline of ancient Greek and Roman civilization [⋯)' However, one must be cautious of single factor explanations. The longstanding speculation that drought caused the collapse of Anasazi civilization on the Colorado plateau is now being supplemented by a more nuanced explanation that includes a religious reformation.
13. G Johnson 'Vanished: A Pueblo Mystery' New York Times (8 April 2008) available at http//www.nytimes.com/2008/04/O8/science/08anasazi.html.
14. Geographical determinism allowed historians to explain the distinctive cultural and economic patterns which developed in particular regions. Environmental determinism paid particular attention to the role of climate on culture and society However, this simplistic cause and effect relationship was rejected in the United States in the 1920s, and it died after World War II after Nazi Germany used earlier work by German scholars to support racial explanations for alleged superiority of northern European culture and the need for 'Lebensraum'
15. See R Peet 'The Social Origins of Environmental Determinism' (1985) 73 Annals of the American Association of Geographers 309-33. As a result of this misuse of science, the emphasis on human adaptation to climate and the landscape gradually receded from the story of 'civilization I G Simmons Environmental History: A Concise Introduction (Blackwell Publishers Oxford 1993) at 179.
16. C L Mee Jr Meeting at Potsdam (M Evans and Company New York 1975) at 197. President Truman was quite peeved when Stalin ultimately refused to include a proposal for an international waterways authority on the conference agenda;
17. ibid at 275-6.
18. See eg D Zhang et al 'Global Climate Change, War, and Population Decline in Recent Human History' (2007) 104 Proceedings of the National Academy of Sciences 19214-9 (cooling associated with reduced food production, famine and war in China and Europe between 1400 and 1900 and similar disruptions might result from the adverse impacts of global warming);
19. W G East The Geography Behind History: How Physical Environment Affects Historical Events (W W Norton & Company New York 1965). The leading proponent of the new determinism is Professor Jared Diamond. His two books, Guns, Germs, and Steel: The Fates of Human Societies (W W Norton & Company New York 1997) and Collapse: How Societies Choose to Fail or Succeed (Viking New York 2005), have triggered a lively debate about the relationship between a nation's natural endowments and its culture.
20. See Chapter 2 'Environmental Change in Security Discourse' in German Advisory Council on Global Change Climate Change as a Security Risk (Earthscan London 2008) available at http://www.wbgu.de/wbgu-ig2007-engl.html. In 2007, Senators Chuck Hagel and Richard Durbin introduced legislation which requires the US military to play war games to determine how climate change might affect national security. B Bender 'Bill Ties Climate to National Security' Boston Globe (9 April 2007) available at http://www.boston.com/news/nation/washington/ articles/2007/04/09)bill-ties-climate-to-national-security/.
21. D Kennedy et al 'Environmental Quality and Regional Conflict' (A Report to the Carnegie Commission on Preventing Deadly Conflict, December 1998) available at http://www.ics.si.edu/subsites/ccpdc/pubs/ken/ken/htm. One of the leading proponents of this theory is Thomas F. Homer-Dixon, His arguments are summarised in Environment, Scarcity, and Violence (Princeton University Press Princeton NJ 2001).
22. CNA Corporation National Security and the Threat of Climate Change (CNA Corporation Alexandria VA 2007) at 13-18;
23. German Advisory Council on Global Change Climate Change as a Security Risk (Earthscan London 2008).
24. See also D Smith and J Vivekanandta A Climate of Conflict: The Links Between Climate Change, Peace and War (International Alert London 2007).
25. The situation in Central Asia demonstrates this with growing unease over the upstream development of hydro-power (in Tajikistan and Kyrgystan) to the dismay of Uzbekistan. 'Central Asia's water fault-lines include the division of the Caspian Sea between the five littoral states (Azerbaijan, Iran, Kazakhstan, Russia, and Turkmenistan) and a dispute over access to water from the Syr Darya and Amu Darya rivers between upstream states (Kyrgyzstan and Tajikistan) and downstream states (Kazakhstan, Turkmenistan, and Uzbekistan);
26. C Bajpaee 'Asia's Coming Water Wars' Power and Interest News Report (22 August 2006) available at http://www.iwmi.cgiar.org/News-Room/Multimedia/ coverage/pdf/Asia's%20Coming%20Water%20Wars.pdf.
27. Including violence and civil unrest; see A Nyong 'Climate-Related Conflicts in West Africa' (2006-07) 12 Environmental Change and Security Program Report 36-43, available at http://wilsoncenter.org/topics/pubs/Nyongl2.pdf.
28. See World Economic Forum Water Initiative 'Managing Our Future Water Needs for Agriculture, Industry, Human Health and the Environment: The Bubble Is Close to Bursting: A Forecast of the Main Economic and Geopolitical Water Issues Likely to Arise in the World During the Next Two Decades' (2009) available at http://www.weforum.org/pdf/water/Water/InitiativeFutureWaterNeeds. pdf.
29. P Robinson 'Working Group III: Threats Due to Climate Change - Global Problems in a Regional Context' in J A A Jones, T G Vardanian and C Hakopian (eds) Threats to Global Water Security (Springer Dordrecht 2009) 281-4 at 283.
30. H Cooley et al 'Understanding and Reducing the Risks of Climate Change for Transboundary Waters' (Pacific Institute Oakland CA 2009) available at http://www.pacinst.org/reports/transboundary-waters/transboundary-water-and- climate-report.pdf.
31. Jones et al (n 20).
32. OECD, Food and Agriculture Organization of the United Nations OECD-FAO Agricultural Outlook 2009-2018 (OECD Publishing Paris 2009) at 68, highlights available at http//www.agri-outlook.org/dataoecd/2/3l/43040036.pdf. The report states, 'Groundwater use for irrigation is above recharge rates in some regions, which is also undermining the economic viability of farming in affected areas and leading to harmful environmental impacts, such as reduced flows of connected surface waters. Farming is a major and growing source of groundwater pollu. tion in some countries, mainly from nutrients, pesticides and salinity. This is of concern where groundwater provides a major share of drinking water supplies for both human consumption and farming. Over-exploitation of surface water resources in certain areas is damaging ecosystems by reducing water flows below minimum flow levels in rivers, lakes and wetlands, which is also detrimental to recreational, fishing and cultural uses of these aquatic ecosystems.' At 69.
33. Federal Government of Australia 'A National Plan for Water Security' (25 January 2007) available at http://www.na/wt.gov.au/files/national-plan-for- water-security.pdf. The plan has 'a special focus on the Murray-Darling Basin Commission (MDBC), where the bulk of our agricultural water use takes place. I.. .1 The Plan will put irrigators on a more sustainable basis nationally by providing them with incentives to adopt more modern and efficient practices, resulting in greater effi. ciency and flexibility. The Plan substantially addresses over-allocation in the MDB with the objective of putting the MDB back on a sustainable track, significantly improving the health of the rivers and wetlands of the Basin, and bringing substantial benefits to irrigators and the community alike. It proposes new governance arrangements for the MOB to ensure decisions affecting it are made promptly and with a Basin-wide perspective. The Plan will greatly improve our understanding of water resources nationally, including in northern Australia, and lay the groundwork for more timely decision making in the future.' At 3.
34. ibid..
35. See eg http://www.bluegold-worldwaterwars.com/and http://peak water.org/.
36. Global Risk Network of the World Economic Forum 'Global Risks 2009: A Global Risk Network Report' (2009) at 17, available at http://www.weforum.org/ pdf/globalrisk/2009.pdf.
37. J Scheffran 'The Gathering Storm: Is Climate Change a Threat to Security?' (2009) 15 Security Index 21-31 at 24;
38. see also M Kugelman, S L Levenstein (eds) Land Grab? The Race for the World's Farmland (Woodrow Wilson International Center for Scholars Washington DC 2009) at 75.
39. When virtual water" is taken into account, the average daily water footprint of people in the UK is 4,643 litres per person, of which about 3,000 litres is imported, according to environmental charity WWF. [⋯] The report concludes that the UK government should put water at the centre of its international development policy and calls on the UK to take a lead by reducing water consumption;
40. see A Howarth 'World Water Crisis Warning to UK' The Scotsman (19 April 2010) available at http://news.scotsman.com/uk/World-water-crisis-warning-to. 6235672jp.
41. See also The Royal Academy of Engineering 'Global Water Security: An Engineering Perspective' (2010) available at http://www.ice.org.uk/downloads/ gws.pdf, which states, '[t]he importance of water security to national security should be a core component of policy making. Water security should be considered as part of climate change mitigation and adaptation policy and the global impacts on water security of our national and international policies need to be assessed. [⋯j Given the impending worsening of water security, particularly in some developing Countries, the UK Government should put water at the centre of its international development policy.' At 6.
42. Water management problems arise from either a lack or an excess of water. This article focuses on problems of inadequate supply but it recognises that widespread flooding Can be a serious social problem as a source of insecurity.
43. D Phelps 'Water and Conflict: Historical Perspective' (2007) 133 Journal of Water Resources Planning and Management 382-5.
44. Pacific Institute Water Conflict Chronology' (November 2009) available at http://worldwater.org/chronology.html.
45. See also W Barnaby, 'Do nations go to war over water?' Nature vol 458 19 March 2009 at 282.
46. Desalinisation plants and irrigation works were targeted by Iraq during the Gulf War. J Delli Priscoli 'Water and Civilization: Conflict, Cooperation and the Roots of a New Eco-realism' in Proceedings of the Eighth Stockholm World Water Symposium (10-13 August 1998, Stockholm).
47. A Wolf 'Possible Futures for Transboundary Waters' World Politics Review 20 Jan 2010 at http://www.worldpoliticsreview.com/articlePrint.aspx?ID=4961;
48. see also Pacific Institute (n 32).
49. P Wouters, S Vinogradov and B-O Magsig 'Water Security, Hydrosolidarity and International Law: A River Runs through It ⋯' (2009) 19 Yearbook of International Environmental Law 97-134;
50. see also P Wouters 'Water Security: What Role for International Water Law?' in F Doddle (ed) Human and Environmental Security: An Agenda for Change (Earthscan Publications London 2005) 166-81.
51. See E B Weiss 'Water Transfers in International Trade Law' in E B Weiss, I B de Chazournes and N Bernasconi-Osterwalder (eds) Fresh Water and International Economic Law (Oxford University Press Oxford 2005) 61-92.
52. See Cooley (n 21) at 2: 'The good news is that water disputes are generally resolved diplomatically, and shared water resources are often a source of cooperation and negotiation. An estimated 300 agreements have been developed between riparian States - those States that border a shared river. But the long history of violence associated with transboundary water resources highlights the chal lenges associated with managing shared water resources.'
53. P Well 'Towards Relative Normativity in International Law?' (1983) 77 American Journal of International Law 413-42 cites Max Huber, stating that 'international law has the object of assuring the co-existence of different interests which are worthy of legal protection'. At 418.
54. See K Annan 'In larger Freedom: Towards Development, Security and Human Rights for All' (2005) UN Doc A/59/2005.
55. P Sands, B N Ghrálaigh 'Human Rights, International Justice and the Rule of Law' in J Astle, M Bell and A Murray (eds) Globalisation - A Liberal Response (centre Forum London 2007) 44-62, available at http://www.centreforum. org/assets/pubs/globalisation-final.pdf.
56. See discussion in Wouters, Vinogradov (n 35) at 122-6.
57. J Waldron 'The Rule of International Law' (2006) 30 Harvard Journal of Law and Public Policy 15-30.
58. UN Committee on Economic, Social and Cultural Rights (2002). General Comment no 15: The Right to Water (arts 11 and 12 of the International Covenant on Economic, Social and Cultural Rights), 29th Sess, UN Doc E/C 12/2002/11.
59. See also the discussion in Wouters, Vinogradov (n 35).
60. For further information see http://www.un.org/millenniumgoals/.
61. UN Secretary General Ban-Ki Moon's preface asserts: '[t]he global community cannot turn its back on the poor and the vulnerable. We must strengthen global cooperation and solidarity, and redouble our efforts to reach the MDGs and advance the broader development agenda. Nothing less than the viability of our planet and the future of humanity are at stake'. See United Nations The Millennium Development Goals Report 2009 (United Nations New York 2009) available at http://www.un.org/rnillenniumgoals/pdf/MDG-Report-2009-ENG. pdf.
62. Food and Agriculture Organization of the United Nations The State of Food Insecurity in the World (FAO Rome 2009) available at http://www.fao.org/docrep/ 012/i0876e/i0876e00.htm.
63. OECD Environmental Outlook to 2030 (OECD Paris 2008) summary available at http://www.oecd.org/dataoecd/29/33/40200582.pdf.
64. Comprehensive Assessment of Water Management in Agriculture Water for Food, Water for Life: A Comprehensive Assessment of Water Management in Agriculture (Earthscan London 2007) available at http://www.iwmi.cgiar.org/ assessment/Publications/books.htm.
65. See OECD, Food and Agriculture Organization of the United Nations OECD-FAO Agricultural Outlook 2009-2018 (OECD Publishing Paris 2009) at 68.
66. S Hendry 'River Basin Management and the Water Framework Directive: In Need of a Little Help?' (2008) 19 Journal of Water Law 150-6.
67. N Matz-Lück 'The Benefits of Positivism: The ILC's Contribution to the Peaceful Sharing of Transboundary Groundwater' in G Nolte (ed) Peace through International Law - The Role of the International Law Commission: A Colloquium at the Occasion of Its Sixtieth Anniversary (Springer Heidelberg 2009) 125-50.
68. See Nolte (ibid).
69. UN Secretary General Report (n 39) at 3. 'In a world of interconnected threats and challenges, it is in each country's self interest that all of them are addressed effectively. Hence, the cause of larger freedom can only be advanced by broad, deep and sustained global cooperation among States. Such cooperation is possible if every country's policies take into account not only the needs of its own citizens but also the needs of others. This kind of cooperation not only advances everyone's interests but also recognizes our common humanity.' At 6.
70. The notion of 'good neighbourliness' is at the heart of international law and the UN Charter and has been endorsed in international treaty practice and supported by numerous UN declarations and resolutions. Thus, the UN General Assembly in its Resolution 'Development and strengthening of good-neighbourliness between States' reaffirmed 'that good-neighbourliness fully conforms with the purposes' of the UN and shall be founded upon the strict observance of the principles of the UN as embodied in its Charter and in the Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among States; see A/RES/43/171 (9 December 1988) para 1.
71. See P Wouters, D Ziganshina 'Tackling the Global Water Crisis: Unlocking International Law as Fundamental to the Peaceful Management of the World's Shared Transboundary Waters' in R Grafton, K Hussey (eds) Wafer Resources Planning and Management: Challenges and Solutions (Cambridge University Press Cambridge forthcoming).
72. M Koskenniemi From Apology to Utopia: The Structure of International Legal Argument (Cambridge University Press Cambridge 2005).
73. S C McCaffrey The Law of International Watercourses (2nd edn Oxford University Press Oxford 2007).
74. S Vinogradov, P Wouters and P Jones Transforming Potential Conflict into Cooperation Potential: The Role of International Water Law (UNESCO Paris 2003) at 12, available at http://unesdoc.unesco.org/.
75. United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses, 21 May 1997 (not yet entered into force) UN Doc A/51/869, reprinted in 36 ILM 700 (1997) (UN Watercourses Convention). To enter into force, 35 countries have to ratify the Convention; as of March 2010, the convention had sixteen signatories and eighteen parties. For up to date information, visit http://treaties.un.org.
76. A Rieu-Clarke 'The Role and Relevance of the UN Convention on the Law of the Non-Navigational Uses of International Watercourses to the EU and its Member States' (2008) 78 British Yearbook of International Law 389-428.
77. See United Nations Secretary-General's Advisory Board on Water and Sanitation 'Hashimoto Action Plan: Compendium of Actions' (2006) available at http://www.unsgab.org/docs/HAP-en.pdf;
78. and United Nations Secretary-General's Advisory Board on Water and Sanitation 'Hashimoto Action Plan II: Strategy and Objectives through 2012' (2010) available at http://www.unsgab.org/HAP-ll/HAP-ILen.pdf.
79. P Wouters et al Sharing Transboundary Waters: An Integrated Assessment of Equitable Entitlement: The Legal Assessment Model (UNESCO Paris 2005);
80. S Vinogradov, P Wouters and P Jones (n 58).
81. 1997 UN Watercourses Convention art 5.
82. Vinogradov, Wouters (n 58) at 12.
83. The role of institutional mechanisms as part of the legal regime managing transboundary waters cannot be under-estimated. State practice from across the globe demonstrates the functional utility of river basin organisations, and Meetings of the Parties, as important forums for preventing disputes and enhancing the cooperative management of shared freshwaters. See P Wouters The Relevance and Role of Water Law in the Sustainable Development of Freshwater-from "Hydrosovereignty" to "Hydrosolidarity" (2000) 25 Water International 202-7.
84. Geneva Strategy and Framework for Monitoring Compliance with Agreements on Transboundary Waters: Elements of a Proposed Compliance Review Procedure (Expert's Report) UN Doc MP WAT/ 2000/5 and Add 1, 12;
85. and also P Wouters 'Universal and Regional Approaches to Resolving International Water Disputes: What Lessons Learned from State Practice?' in International Bureau of the Permanent Court of Arbitration (ed) Resolution of International Water Disputes (Kluwer Law International The Hague 2003) 111-54.
86. S C McCaffrey The Need for Flexibility in Freshwater Treaty Regimes' (2003) 27 Natural Resources Forum 156-62.
87. One of the conclusions in a recent study: Therefore, adopting an effective international legal framework is a critical step for addressing future challenges, particularly climate change', H Cooley et al 'Understanding and Reducing the Risks of Climate Change for Transboundary Waters' (Pacific Institute Oakland, CA 2009) at 29, available at httpj/ www.pacinst.org/reports/ transbou ndary-waters/transboundary- water-and-climate-report.pdf
88. The term 'governance' is used rather indiscriminately in the field of water resources management, and has a range of meanings across disciplines. In the water law arena it has evolved into a rather technical definition to mean the system under which water resources are managed. See P Wouters, A Rieu-Clarke 'The Role of International Water Law in Ensuring "Good Water Governance": A Call for Renewed Focus and Action' (2004) 15 Journal of Water Law 89-92;
89. and A Allan, P Wouters 'What Role for Water Law in the Emerging "Good Governance" Debate?' (2004) 15 Journal of Water Law 85-8.
90. A Rieu-Clarke, A Allan 'Role of Water Law: Assessing Governance in the Context of IWRM - An Analysis of Commitment and Implementation in the Tagus and Sesan River Basins' STRIVER Report no D6.3, available at http:// kvina.niva.no/striver/Portals/0/documents/STRIVER-D6-3.pdf.
91. For a summary of the evolution of the concept, see Governance and Development (World Bank Washington DC 1992);
92. and also Asian Development Bank 'Governance - Sound Development Management' (1995) http://www.adb.org/Docurnents/Policies/Governance/default.asp (identifies four key elements of governance: predictability, participation, transparency and accountability);
93. UNDP 'Governance for Sustainable Human Development' (1997) http://mirror.undp.org/magnet/ policy/ (refers to participation, transparency, accountability, rule of law, responsiveness, consensus orientation, effectiveness and efficiency, equity and strategic vision as elements of good governance).
94. D Kaufmann, A Kraay and M Mastruzzi Governance Matters VII: Aggregate and Individual Governance Indicators 1996-2007 (World Bank Washington DC 2008) available at http://go.worldbank.org/ 2E0SXCR850.
95. Examples include, inter alia, the Mekong Commission, the International joint Commission (Canada/USA); the International Boundaries Water Commission (USA/Mexico).
96. UN Economic Commission of Europe, Convention on the Protection and Use of Transboundary Watercourses and International Lakes, 17 March 1992 (entered into force 6 October 1996) reprinted in 31 ILM 1312 (1992) art 2(2)(b) (UNECE Helsinki Convention).
97. ibid art 9(2).
98. This dispute avoidance approach to treaty implementation finds examples across the environmental law field; see A Boyle 'UNCLOS, the Marine Environment, and the Settlement of Disputes' in H Ringbom (ed) Competing Norms in the Law of Marine Environmental Protection (Kluwer Law International The Hague 1997) 241-56.
99. UNECE Helsinki Convention (n 71) art 17.
100. UNECE (2009) Draft Guide to implementing the Convention ECE/ MP.WAT/2009/L2. Meeting of the Parties to Convention on the Protection and Use of Transboundary Watercourses and International Lakes 5th session, 10-12 November 2009, Geneva.
101. P Wouters, S Vinogradov 'Analysing the ECE Water Convention: What Lessons for the Regional Management of Transboundary Water Resources?' 2003/2004 Yearbook of International Cooperation on Environment and Development 55-65.
102. Wouters (n 66).
103. Hendry (n 50).
104. K Annan (n 39) at 13.
105. See also Transparency International Global Corruption Report 2008 - Corruption in the Water Sector (Cambridge University Press Cambridge 2008).
106. See Wouters, Vinogradov (n 35).
107. The connection with global economic welfare cannot be overstated - effective water resource management will have an impact on the socio-economic situation of states, communities and individuals. For example, the Asian Development Bank has convened recently a meeting of leading officials from Asia to discuss the lessons of the global economic and financial crisis, and consider policy adjustments in response and as preventive measures. See Asian Development Bank 'Top Asian Officials to Discuss Lessons of Financial Crisis, Policy Responses' (7 January 2010) available at http:ZAvww.adb.org/Media/ Articles/2010/13131-asian-financial-crisis/.
108. See Wouters, Ziganshina (n 55).
109. '⋯ [T] the end of law⋯ is [its]⋯ contribution to the achievement of a public order of human dignity' as argued by W. Michael Reisman 'Theory About Law: Jurisprudence for a Free Society' (1999) 108 Yale LJ 939.
110. D Tarlock 'Four Challenges for International Water Law' (2010) 23 Tulane Environmental Law Journal 1.