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Alena Drieschova, Mark Giordano and Itay Fischhendler

Governance Mechanisms to Address Flow Variability in Water Treaties. Alena Drieschova, Mark Giordano and Itay Fischhendler. Living with climate change 7 - 9 February 2008, London. Motivation for Research.  Water treaties must be adaptable through being flexible.  Flexibility can:

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Alena Drieschova, Mark Giordano and Itay Fischhendler

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  1. Governance Mechanisms to Address Flow Variability in Water Treaties Alena Drieschova, Mark Giordano and Itay Fischhendler Living with climate change 7 - 9 February 2008, London

  2. Motivation for Research  Water treaties must be adaptable through being flexible •  Flexibility can: • adapt regimes to new conditions while maintaining the existing treaties • reduce sovereignty costs  Adaptive mechanisms have political and transaction costs  No knowledge on the available flexibility mechanisms and the frequency of their use

  3. The Available Adaptive Governance Mechanisms allocation mechanisms direct allocation indirect allocation fixed allocation flow percentage mixed consultation principles for allocations prioritization

  4. Resource Change infrastructure to change supply technology transfer mutual assistance joint action

  5. Broaden Cooperation non-water linkages hydropower generation groundwater water quality

  6. Formalized Communication arbitration data exchange consultation as conflict resolution joint action joint institutions

  7. Methodology • The Trans-boundary Freshwater Dispute Database was used as the database • A content analysis of available agreements signed since 1980 was undertaken • Only treaties concerning water as a scarce or consumable resource, or an ecosystem to be improved are included in the analysis  A total of 50 basin specific agreements were left for analysis

  8. Allocation Mechanisms

  9. Resource Change Mechanisms 100 75 50 % of agreements 25 0 Infrastructure to Joint action Mutual Technology assistance change supply transfer

  10. Broadened Cooperation 100 75 50 % of agreements 25 0 Non-water linkages Hydropower- generation Groundwater Water quality

  11. Formalized Communication 100 75 50 % of agreements 25 0 Joint institutions Consolation as conflict resolution Joint action Data exchange Arbitration

  12. Governance Strategies to Address Flow Variability Binding Fixed Allocation (20) Infrastructure Changing Supply (14) Arbitration (42) Flow Percentage (6) III I Indirect Allocation (48) Data Exchange (86) Technology Transfer (42) Mutual Assistance (14) Flexible Inflexible IV II Principles of Allocation (60) Consultations as Conflict Resolution (90) Broadening of Cooperation (74) Voluntary

  13. Interpretations of the Results  There are barriers to the use of “ideal” management  A trade-off between flexibility and enforceability •  Flexibility is favoured over enforceability • - ample ambiguity in water treaties as ambiguity increases flexibility

  14. Conclusions  Flow variability is governed by using a variety of mechanisms: • Some allow changing the rules of the game, while others enhance the capacity • to absorb shocks • Some are based on high flexibility while others are based on high enforceability  Most mechanisms use less direct approaches that create open-ended rules for regulating water  An open-ended approach may allow addressing variability while accommodating the sovereignty and power concerns

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