David N. Cassuto,Romulo S. R. Sampaio, Brazil-American Institute for Law & Environment - BAILE, , dcassuto@law.pace.edu
Abstract
This paper begins with an overview of the ecology of the Guarani Aquifer System (“GAS”) before turning to the legal and ecological problems it faces. Because the majority of the GAS underlies Brazil (with the rest residing below Argentina, Paraguay & Uruguay), the laws and policies of Brazil have a significant managerial impact. Consequently, the Brazilian legal regime forms the focus of the paper. The paper analyzes the international transboundary framework before turning to the recently enacted Agreement on the Guarani Aquifer. This Agreement, signed but not yet ratified by four countries, represents a major step forward in transnational cooperation. However, its language is so broad that it elides some of the principal management challenges facing this and all transboundary aquifers. The paper then looks at the legal and policy issues that climate change presents for managing the GAS. The complexity and environmental importance of the region, as well as the looming threats presented by climate change, make the need for accurate and detailed scientific and technical information urgent and crucial. Yet, relying on such information to manage such a complex natural resource also presents risks. Too often, the role of uncertainty in risk assessment and in legal and managerial decisions gets reduced or ignored. Lessening uncertainty requires reducing asymmetric information. The recent international agreement regarding the Guarani represents a significant (albeit preliminary) step forward in this regard. Increasing knowledge over the regulated resource demands categorizing “hard” and “soft” uncertainties. In addition, the regulatory framework must acknowledge the unitary nature of the aquifer while yet remaining sensitive to differing national and local priorities.