Page 44 - report_A Matter of Survival

An Ounce of Prevention: International Water Law and Transboundary Water Cooperation

guidelines for the development of new hydropower structures riparian States. In addition, International Water Law may also
that take into account the views of a large variety of stakeholders, serve as a framework for the engagement of non-state actors,
including civil society organizations, private companies, and such as civil society organizations, the private sector, and
public agencies. These stakeholders are recognized as observers the scientific community. Taken together, all these elements
at the meetings of the relevant expert and decision making constitute a powerful set of useful tools for the strengthening
bodies of the Commission for the Protection of the Danube of international peace and stability, and for the prevention of
River and thus have a say in the decision making process. Other armed conflicts.
river basin organizations, such as the Cubango-Okavango or the
Zambezi River Basins have their own mechanisms for engaging However, two critically important tasks have to be emphasized
with stakeholders. Stakeholder involvement strengthens the in this context.
monitoring and implementation of International Water Law.
First, prevention tools will remain idle unless they are
The experience gained through transboundary water cooperation systematically promoted and fully utilized. The leadership of
suggests that civil society organizations should play an the UN Secretary-General and the UN Secretariat in this regard
increasingly significant role so that needs, requests and concerns, would be very helpful. The UN should take a broader look
as well as risks and opportunities, are properly mapped out. It is across the system and define an agenda for the strengthening
important to recognize the knowledge and capability that these of international water cooperation, in addition to the use of the
stakeholders bring to the table to find and implement solutions instruments of International Water Law.
that may be better suited and adapted to the circumstances
in which the communities live. The right combination of this Second, it is important to support transboundary water
“bottom-up” approach and the government-led “top-down” cooperation activities with the necessary improvements in
approach, combined with interactive vision building, provides international financing regimes. Many international disputes
the best insight into problems and can lead to better solutions. relating to international water cooperation are centered on large-
scale infrastructure projects, such as large dams for hydropower
Preventive purpose generation. These infrastructures require large amounts of
external financing, much of which is provided by international
The paragraphs above depict some of the work necessary for the financial institutions, such as the World Bank, and increasingly,
promotion and strengthening of International Water Law as an by the private sector. Often funding institutions have their own
instrument of preventive diplomacy. These include enhancing safeguard policies and conditionalities, as well as environmental
awareness of the cooperative dimension of International Water and social standards. The principles of International Water Law
Law, as well its usefulness as an instrument of confidence should be central in the overall policy approach to the design
building, and as a platform for developing specific regional and financing of transboundary water cooperation, and all major
and basin agreements. Universal, regional and basin specific projects should be developed in this context. In fact, financing
agreements, together with international customary law, can for collaborative water infrastructure is of central importance to
be used to overcome and correct power asymmetries between this topic and will be discussed in a separate chapter.

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