Page 76 - report_A Matter of Survival

In Pursuit of Agency: New Mechanisms of Water Diplomacy

There is no hierarchy among the basic means of dispute of confidence among States, and would concentrate on low
settlements : any among them that is appropriate in solving threshold situations. Depending on the needs of the parties,
a dispute is both equally acceptable and authoritative. The once the Observatory might help in facilitating fact finding and good
fashionable distinction between political and legal disputes offices, while other more direct forms of dispute settlement
– the former being appropriate for mediation and the latter for would be dealt with by existing mechanisms.
adjudication – has lost its erstwhile significance. Today, for
example, arbitrations and the International Court of Justice are Providing Broad Recommendations and Advice
among the frequently used mechanisms for border settlement for Water Cooperation
and other territorial disputes, which were once considered classic
examples of political disputes. This has led to significant change in
state practices on this issue. A number of water-related disputes Given the informal nature of its operations, the GOWP could
have been settled by arbitration or the International Court of cooperate with a variety of regional and national actors, as well
Justice. as with those involved in inter-sectoral water management.

The Observatory would help in the efforts to expand the number
Role of the Global Observatory for Water and of States Parties to the 1997 UN Watercourses Convention and
Peace with Respect to Potential Disputes the 1992 UNECE Water Convention (which since 2016 is open
for accession to all UN Member States). It would also strive to
The Global Observatory for Water and Peace, as suggested facilitate the use of the Implementation Committee under the
above, would strengthen the capacity of international actors to UNECE Water Convention.
communicate discreetly and to address incipient situations that
might, if unattended, lead to friction and even full-scale inter- Since several important tasks of international water cooperation
state disputes. In addition, it would energize the inputs to the need to be addressed anew and with greater urgency at the
prevention of possible armed conflicts that specifically include level of the UN General Assembly, the GOWP would develop the
tensions over water among the causes of the conflict. appropriate communication materials in collaboration with the
relevant actors within and outside the UN System, including but
In other words, the Observatory’s role with respect to potential not limited to such programs and agencies as UNESCO, WMO,
inter-state disputes would be indirect. Knowledge management, UNEP, UNDP, UNHCR, the World Bank and others working on the
discreet consultations aiming to strengthen communication, promotion of water as a factor of peace.
assistance in securing financing for transboundary water
projects and other similar activities can be helpful in preventing When armed conflicts with significant water-related elements
full-fledged disputes from evolving. In addition, the Observatory as a cause of conflict do occur, the Global Observatory for
would have the capacity to address local concerns through Water and Peace would help the UN Security Council to include
professional analysis and advice that expands beyond the scope the protection of water resources and installations adequately
of transboundary cooperation. in efforts to protect civilians, as well as in the Security Council’s
efforts in peacemaking, peacekeeping and post-conflict
The Global Observatory for Water and Peace will likely face peace building.
typical dispute situations that involve disagreement and lack

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