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International Water Law Seminar

International Water Law Seminar. Lewis & Clark Law School & Texas Tech University School of Law Prof. Gabriel Eckstein Spring 2009. Introduction. Syllabus Readings Required Recommended Class Website: www.internationalwaterlaw.org/Seminar2009/Index.htm

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International Water Law Seminar

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  1. International Water Law Seminar Lewis & Clark Law School & Texas Tech University School of Law Prof. Gabriel Eckstein Spring 2009

  2. Introduction • Syllabus • Readings • Required • Recommended • Class Website: www.internationalwaterlaw.org/Seminar2009/Index.htm • International Water Law Project: www.InternationalWaterLaw.org • Assignments • Paper • Presentations • Participation

  3. Q: How much water do we have on Earth? Q: How much of the Earth’s surface is water? Q: How has the amount of water on Earth changed over time (e.g., the last million years)? Q: Of the total amount of water found on Earth, how much of it is fresh water? Q: Where is all of this fresh water found?

  4. Only appx. 1% of the world’s fresh-water (or 0.07% of all water on Earth) is readily available to humans

  5. Water on Earth Q: What sources of water have humans relied on for fresh water?

  6. Water Use • Navigational Uses • Commerce Transportation • Travel • Recreation • Non-Navigational Uses • Conservation • Drinking water • Environment & habitat • Fishing & fish farming • Flood control • Hydropower generation • Irrigation • Timber floating • Others

  7. Water Use Flush Toilet 2-7 gallons (6.8 billion gallons are flushed each day in the US ) 25-50 gallons Avg. 5 min shower • Q: How much water does the average person use per day? • American: 100-175 gallons (375-660 liters) • European: 30-70 gallons (115-265 liters) • African: 2.5-5 gallons (10-20 liters) Brush Teeth 2 gallons Produce one pound of beef 5,120 gallons Grow cotton for one pair of jeans 1,800 gallons 400 gallons Grow cotton for one shirt 1,500 gallons Barrel of beer Refined barrel of crude oil 1,850 gallons Manufacture new car 39,000 gallons

  8. Distribution of Fresh Water Resource • 70% allocated for agricultural purposes • 22% for industrial purposes • 8% for human consumption and sanitation http://www.unep.org/vitalwater/15.htm

  9. Source: UNEP Vital Water Graphics – http://www.unep.org/vitalwater/management.htm

  10. In past 100 years, per capita global water consumption grew 9X • Human water use is increasing 4-8% annually

  11. The World’s Water Ills YES! • Do we have enough? • So what is the problem? • Poor distribution • Lack of access • Climate change • Overexploitation • Inefficient management and delivery systems • Lack/absence of data and information • Disputes over rights and ownership • Disparate interests: politics, power, self-sufficiency, economic development, security, environment • Disparate availability of resources and capabilities

  12. Water Stress (withdrawal as % of availability) http://www.unep.org/vitalwater/21.htm#21b

  13. The World’s Water Ills • >1.2 billion people do not have adequate drinking water • >2.6 billion people do not have sanitation • Each day, nearly 10,000 children under the age of 5 die in Third World countries because of illnesses contracted by use of impure water; • 5 million people die each year from diseases associated with unsafe drinking water • Lack of clean water and sanitation is the principle source of global diseases (dysentery, cholera, typhoid, etc.). It is estimated that these diseases will account for appx. 76 million deaths b/w 2002 and 2020.

  14. The World’s Water Ills Source: Gleick et al., 2001

  15. The World’s Water Ills Source: Gleick et al., 2001

  16. Water Stress Index • Falkenmark Index = Based on human consumption and linked to population growth • Water Requirement: • Domestic = 100 liters/person/day (36.5m3/person/year) – minimum required for maintaining health • Associated agricultural, industrial & energy need = 20 x “domestic” amount • Total minimum need: 2,000 liters/person/day (840m3/person/year) Falkenmark, M., 1989. The massive water shortage in Africa: why isn't it being addressed? Ambio. 18(2):112-18

  17. Water Stress Index • Hi water stress (scarcity): <1000 m3 /person/year = chronic and widespread freshwater problems • Water stress: <1667m3 /person/year = intermittent, localised shortages of freshwater • Relative sufficiency: >1667 m3 /person/year • Result: • Today, 41% of world’s population (2.3 billion) live in river basins under water stress • 1.7 billion of these live in high water stress regions

  18. Water Stress (withdrawal as % of availability) http://www.unep.org/vitalwater/21.htm#21b

  19. Conflict or Cooperation? “Whiskey is for drinking, water is for fightin’ over” Mark Twain, commenting on water conflicts in the American Midwest “The next war in the Middle East will be fought over water, not politics” Former United Nations Secretary General Boutros Boutros-Ghali in 1985 when he was Egypt’s Minister of State for Foreign Affairs “Across the world, they are coming: the water wars. From Israel to India, from Turkey to Botswana, arguments are going on over disputed water supplies that may soon burst into open conflict.” The Independent (28 Feb. 2006) Water Conflict Chronology http://worldwater.org/chronology.html

  20. Conflict or Cooperation? Q: How many rivers and lakes traverse an international political boundary? A: 263 - Europe: 73 - Africa: 59  - Latin America and the Caribbean: 61  - Asia: 58  - North America: 17  - Oceania: 1 Q: How many nations lie (partly or wholly) within a transboundary river basin? A: 145 nations have territory within a transboundary basin Q: How many people are dependant on water from a transboundary river or lake? A: ~45% humanity Q: How many aquifers traverse an international political boundary? A: No one really knows!

  21. Conflict or Cooperation? • Number of transboundary aquifers identified (so far) • +90 in Europe • 38 in Africa • 72 in the America

  22. Mekong River Basin • China • Myanmar • Laos • Thailand • Cambodia • Vietnam Nile River Basin • Tanzania • Burundi • Rwanda • Democratic Republic of Congo • Kenya • Uganda • Ethiopia • Eritrea • Sudan • Egypt Danube River Basin Germany, Austria, Slovakia, Hungary, Croatia, Serbia, Bulgaria, Romania, Moldova, and Ukraine

  23. Jordan River Basin • Israel • Jordan • Lebanon • Syria • Palestinian Territories Tigris-Euphrates River Basin • Turkey • Syria • Iraq • Iran Rio Grande/Rio Bravo River basin • United States • Mexico

  24. Conflict or Cooperation? Surface Water • 263 major transboundary watercourse basins • 145 transboundary basin watercourse states • ~45% of global population resides in transboundary watercourse basin • ~70% of global population dependent on water from transboundary river, lake, or aquifer basin • +3600 treaties since year 800 • Majority concern navigation • Appx. 400 (since 1820) concern non-navigational uses • 158 of 263 international basins still lack an agreement • 106 basins are multi-lateral, but only 20% of agreements are multi-lateral

  25. Conflict or Cooperation? Ground Water • Number of transboundary aquifers unknown • >90 in Europe • ~38 in Africa • ~72 in the America • Agreements • ONLY one agreement on management/ allocation = 1977 Franko-Swiss Genevese Aquifer Agreement • Two data sharing agreements in Northern Africa • 2000 Nubian Sandstone Aquifer System Agreement • 2002 Northwestern SaharaAquifer System Consultation Mechanism Agreement • 100s of transboundary aquifers with no cooperation or agreement

  26. The World’s Water Ills:Challenges to Cooperation • So what is the problem? • Poor distribution • Lack of access • Climate change • Overexploitation • Inefficient management and delivery systems • Lack/absence of data and information • Disputes over rights and ownership • Disparate interests: politics, power, self-sufficiency, economic development, security, environment • Disparate availability of resources and capabilities

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