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Special Session SS-6-7: The complex issue of Implementation – a call for a transformative international water law approach to transboundary water cooperation

XVIII IWRA World Water Congress Beijing China 2023
Sub-theme 6: Innovation for Water Governance and Management
Author(s): Organisation: International Water Law Academy, CIBOS, Wuhan University

Organisation: International Water Law Academy, CIBOS, Wuhan University
Representative: Professor Patricia WOUTERS - E-mail: pkwouters@aol.com


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Abstract

The peaceful management of the world’s shared freshwater resources involves seeking harmony between humans andnature, aligned with the fundamental tenets of sustainable development elaborated under the UN SustainableDevelopment Goals – but the hard question is how to implement these goals? This proposed special session exploresthe integral role of water law in implementation of effective transboundary water cooperation -- primarily internationalwater law, but also joined up with relevant transnational and national water law regulatory regimes. The session willcall for ‘transformative change’ in the design of the international water law framework in order to address the difficultimplementation issues linked with effective transboundary water cooperation – across national and sub-national bordersand layers of regulatory regimes. How are the complex challenges of global climate change, linked with transboundarywater cooperation – from the adverse impacts of climate change, national economic crises and competing needs dealtwith in a transboundary water context? What role does water law play in contributing to improved transboundary watermanagement? How are the conjunctive uses of surface and groundwater managed given the dearth of legal instrumentsin this area? The session will focus on these hard issues through the lens of international water law and present acontemporary approach to devising an innovative and integrated transboundary water regulatory framework, aimed atintegrating across sectors and layers of regulatory regimes in this domain so as to enhance meeting the UN SDGs in thearea of transboundary water cooperation. The proposed session draws together the International Water Law Academy’sconsiderable body of research and practice in these fields, including the world-renowned research by its globalAffiliates. The proposed programme: • Professor Wouters will set the scene for the Special Session, and the panel ofspeakers will offer expert insights into how the difficult challenges of implementation of transboundary watercooperation can be addressed by international, transnational, and national water law. The context includes thecontemporary challenges posed by global climate change, the aims of the UN SDGs, and the complex regulatory regimes involved in effective implementation. • Professor Sergei Vinogradov – will present the overarchinginternational law approach to transboundary water cooperation. • Professor Alistair Rieu-Clarke – will survey thetransboundary water cooperation reporting results under UN SDG 6.5.2. • Professor Chen Huiping – will focus on thetransboundary water-related challenges across international economic law and explore the transnational legal elements.• Andrew Allan – will present the national water law challenges of devising an effective national water lawimplementation approach to transboundary water management. • Dr Dinara Ziganshina – will provide a contextuallegal case study examining the issues related to the spectrum of water-law related issues regarding implementingtransboundary water cooperation across layers of regulatory regimes. The session will finish with an interactivequestion and answer session and close with a proposed integrated international water law framework for transboundarywater cooperation presented on behalf of the International Water Law Academy. - Professor Patricia Wouters, Director,International Water Law Academy, Wuhan University; Session Introduction/Chair of the Event – ImplementingTransboundary Cooperation: The Integral Role of Water Law - Professor Sergei Vinogradov, Professor of theAcademy, Founding Affiliate, IWLA; Centre for Energy, Petroleum and Mineral Law and Policy, University ofDundee (Scotland, UK); The Rules of International Law that govern transboundary waters – overview of theimplementation framework - Professor Alistair Rieu-Clarke, Professor of Law at Northumbria University, Newcastle,UK; Founding Affiliate, IWLA. Implementation and monitoring of transboundary water cooperation – the importantrole of reporting under SDG 6.5.2 – how we use this tool to enhance implementation - Professor Chen Huiping,Professor of International Law at the School of Law of Xiamen University, Affiliate, IWLA; International economiclaw and transboundary water resources – implementing the right to water - Dr. Andrew Allan, Senior Lecturer at theSchool of Law, University of Dundee, Affiliate, IWLA; National Water Law challenges to implementing transboundarywater cooperation – the important role of adaptive frameworks - Dr Dinara Ziganshina, Deputy Director at theScientific Information Centre of Interstate Commission for Water Coordination (SIC ICWC) in Central Asia, Affiliate,IWLA; A regional case study on national water law challenges in implementing transboundary water cooperation –Central Asia Alignment with Congress: Theme #6, Innovation for Water Governance and Management

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