International Agreements on Trans-boundary Natural Resource

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1 Resource Kariba Dam Ms. Sylvia Bankobeza Legal Officer, UNEP/DELC Fish in the Sea River \Nile Fish in the Sea 1

2 Fish in the Sea under Water States have a right under the UN Charter and the principles of international law, the sovereign right to exploit their own resources pursuant to their own policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction. This In principle the ashes is reiterated of conflict in lie legal the seeds instruments. of regeneration. River \Nile 2

3 Kariba Dam Fish in the Sea under Water Accordingly while national law and policies can regulate the use, protection and conservation within a country, international law is required through treaties and joint bodies to regulate cooperation on the utilization of trans boundary natural resources. In the ashes of conflict lie the seeds of regeneration. River \Nile 3

4 Trans-boundary. natural resources cut across jurisdictional boundaries (trans-boundary rivers, lakes, wetlands, protected ecosystems national parks, game reserves, mountains, minerals, oil gas, migratory species..). Countries sharing such resources have mutual concern of the shared natural resource, area, ecosystem or migratory species; the seeds of regeneration River \Nile 4

5 Resource In trans boundary natural resources a State cannot act unilaterally because the use of the resource by one State without regard to the needs of the other State can affect the quality and quantity (eg. in water) of the resource and the equitable sharing of resources. Trans-boundary natural resources present unique challenges because they are managed by more than one country. ct lie the seeds of regeneration River \Nile 5

6 The In importance t lie the seeds of of having regeneration. agreements; Types of agreements; - Global legal frameworks; - Sub-regional agreements; - Trans-boundary/ shared natural resources agreements; Types of institutions; Principles of shared natural resources and how they are evolving; River Nile 6

7 Fish in the Sea onf Why agreements? For many years States used agreements as frameworks of cooperation and instruments of articulating the scope and areas for cooperation. Agreements and rules such as the Helsinki rules that guided countries in developing shared water agreement from 1966 for example, were also used as a means of developing standards. River \Nile 7

8 Conflicts can arise when an environmental problem spills from one country over into another; States normally get affected by any environmental degradation/change in a shared area and the impact on people and livelihoods; eg. shares nine rivers with neighboring countries most of them it is downstream (pollution, floods).es e the River \Nile 8

9 Co-operation to address mutual concerns can be complicated by the different laws and regulations from countries and the many institutions with different mandates; States need to cooperate in good faith and on the basis of good neighborliness and to open channels of communication to secure areas of cooperation agreed upon by all parties; s of conflict lie the River Nile 9

10 States also need to prevent environmental damage/harm Communicate & harmonize programs, plans and measures as they relate to the resource that is cutting across the boundary of two countries; Promote cooperation and collaboration on the management of resources and where appropriate take joint initiatives ti River Nile 10

11 Need to. achieve objectives of cooperation for mutual benefits; Need to ensure sustainable use of resources, and natural resources conservation; To cooperate to implement joint plans; Need to establish mechanisms and or institutional frameworks with clear mandates to facilitate collaboration between countries. River/Nile 11

12 Types of Agreements Global Legal Frameworks; Providing general standards and guidance expecting countries to follow through with specific agreements. Migratory species, law of the sea, straddling fish stocks, regional seas, international water courses, rivers, lakes, wetlands, nature and natural resources conservation. ct lie the se River Nile 12

13 Types of Agreements The rules so far developed seek to promote:- Fairness and principles for equitable distribution of resources and avoidance of harm in areas beyond national jurisdiction; They do reduce areas that should be negotiated by pointing out the responsibility expected of each country with due regard for the mutual interest of the parties; Joint management/development of the resource;ictliethe River Nile seedsof regneratio 13

14 Types of Agreements Regional and sub-regional agreements on natural resources Regional and sub-regional instruments on nature and natural resources; Sub regional instrument on shared waters in SADC; Eg. Nile Initiative, River Nile 14

15 International Agreements on Types of Agreements htrans boundary Natural Agreements (i) Bilateral agreements and multilateral agreements; (ii) Areas covered in the agreement depend on the resource corridors, buffer zones, fencing in wildlife protection; Conservation and sustainable use of natural resources (eg. fish-stocks), research, monitoring, designating focal points, jurisdiction of courts, harmonization of laws, promoting tourism, combating poaching) e seeds of regeneration. River Nile 15

16 Not all countries that share natural resources have agreements a check list can include.. Do they relate to the entire ecosystem? Do they require regular meeting of the parties? Do they have joint scientific studies, research, planning and programming? How effective are these agreements to avert conflicts and to share resources equitably? ieenerati Types of Agreements River Nile 16

17 Types of Institutions Existing trans boundary natural resources agreements establish both full time formal and informal, ad hoc bodies/institutions to facilitate co-operation, Joint Commissions (technical experts/ Ministerial). Regional Integration bodies; River and Lake Basin Organizations; Focal points designated from relevant Government departments; Steering Committees; W nflict lie the seeds of regeneratio. River Nile 17

18 Types of Institutions Institutions are established to jointly manage the resource based on the mandate given by the agreement. The structure, coordination mechanism, funding is normally determined by the treaty. Eg. A body of technical experts may be constituted to handle technical matters living policy recommendations to adhoc ministerial In the ashes meetings. of conflict lie the seeds of regeneration. Reasons for effectiveness or inadequacies vary.. River Nile 18

19 Principles on shared Natural The following principles have been drawn up for the guidance of States in the field of the environment with respect to conservation and harmonious utilization of natural resources shared by two or more States. In the ashes of conflict lie the seeds of regeneration. River Nile 19

20 Environmental Law Guidelines and Principles on Shared Natural P.1.States should co-operate in the field of the environment concerning the conservation and harmonious utilization of natural resources shared by two or more states. This is consistent with the concept of equitable utilization of shared natural resources, states cooperate with a view to control, prevent, reduce or eliminate adverse env effects which may result from the utilization of such resources. On equal footing, considering sovereignty rights and interests of the States concerned. W 20 River Nile

21 W Environmental Law Guidelines and Principles on Shared Natural P.2 Need to conclude bilateral and multilateral River Nile agreements between them and among themselves in order to secure specific regulation of their conduct, through binding or non binding arrangements. It is important to establish institutional structures such as joint international commissions, for consultations on environmental problems relating to the protection and use of shared natural resources. the seeds of regeneration. 21

22 Environmental Law Guidelines and Principles on Shared Natural P.3 States have (UN charter and principles of international law) the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the In the ashes of conflict lie the seeds of regeneration. environment of other States or of areas beyond the limits of national jurisdiction. 22

23 Environmental Law Guidelines and Principles on Shared Natural..In particular, when such utilization might:- Cause damage to the environment which could have repercussions on the utilization of the resource by another sharing State; Threaten the conservation of a shared renewable resource; e seeds of regeneration. 23

24 Environmental. Law Guidelines and Principles on Shared Natural P4. Need for EIA before engaging in an activity with respect to a shared natural resource which may create a risk of significantly affecting the environment of another State or States sharing that resource. P5. Need for exchange of information and engaging in consultations to the extent practicable. 24

25 Environmental Law Guidelines and Principles on Shared Natural P6. Necessary to notify in advance the other State or States of the pertinent details of plans to initiate, or make change in, the conservation or utilization of the resource which can reasonably be expected to affect significantly the environment of other State/s. Enter In the into ashes consultations of conflict lie concerning the seeds of above regeneration. mentioned plans; and provide any other information concerning subplans. Cooperate on the basis of the principle of good faith and in the spirit of good neighborliness 25

26 Environmental Law Guidelines and Principles on Shared Natural P7. Exchange of information, notification, consultation, and other forms of cooperation regarding shared natural resources are carried out on the basis of the principle of good faith and in the spirit of good neighborliness, and in such a way as to avoid any unreasonable delays either in In the ashes of conflict lie the seeds of regeneration. the form of co-operation or in carrying out development or conservation projects. 26

27 Environmental Law Guidelines and Principles on Shared Natural P8. To enhance understanding of environmental problems States can engage in joint scientific studies and assessments, with a view to getting solutions based on data. P9. Duty to urgently inform other States who may be In the ashes of conflict lie the seeds of regeneration. affected of any emergency situation arising from the utilization of a shared natural resource which might cause sudden harmful effects on their environment. 27

28 Environmental Law Guidelines and Principles on Shared Natural Inform..Of any sudden grave natural events related to a shared natural resource which may affect the environment, of such States. When appropriate inform the competent international organizations of any such situation or event. Cooperate In the ashes on of conflict agreed lie contingency the seeds of regeneration. plans, when appropriate, and mutual assistance in order to avert grave situations, and to eliminate reduce or correct, the effects of such situations and events. 28

29 Environmental Law Guidelines and Principles on Shared Natural P10. States..should, when appropriate, consider the possibilities of jointly seeking the services of any competent international organization in clarifying the environmental problems relating to the conservation or utilization of such natural resource. P11. In the Settlement ashes of of conflict disputes.. lie the amicably, seeds of engage regeneration. body, prevent regeneration of conflicts. 29

30 Environmental Law Guidelines and Principles on Shared Natural P12. Cooperation to develop further international law in relation to liability and compensation for the victims of environmental damage arising out of the utilization of a shared natural resource and caused to areas beyond national jurisdiction. P13. In the In ashes permitting of conflict domestic lie the activities seeds of regeneration. a shared NR. States to take due regard of the potential adverse environmental effects arising out of the utilization of natural resources to other countries. 30

31 P14. States to endeavor, in accordance with their legal systems, and, where appropriate, on a basis agreed by them, to provide persons in other states who have been or may be affected by environmental damage with equivalent access to administrative and judicial proceedings, and make available to them the same remedies available to their citizens. nflict lie the se Environmental Law Guidelines and Principles on Shared Natural 31

32 Environmental Law Guidelines and Principles on Shared Natural P15. the principles should be interpreted and applied in such a way as to enhance and not to affect adversely development and the interests of all countries, and in particular of developing countries. In the ashes of conflict lie the seeds of regeneration. 32

33 CONCLUSION Trans boundary natural resources agreements have facilitated cooperation among countries. Global, Regional and Sub-regional Instruments complement these efforts by guiding country action. The principles adopted by the General Assembly in In the ashes of conflict lie the seeds of regeneration are still relevant today, based on your experience what is your view on this?. 33

34 CONCLUSION The alternative to management can be by either:- Joint management agreements that can consider the entire natural resource across the border as a unit/ecosystem; Co-operation collaboration agreements; In Relying the ashes on of International conflict lie the and seeds Regional of regeneration. Agreements to consult, notify and jointly manage a resource. 34

35 Conclusion Lack of agreements have resulted in conflict of interest and political interest with serious consequences; Integrated water resources management and Integrated coastal zone management are management approaches In the ashes that of conflict encourage lie the countries seeds of regeneration. to have trans boundary shared natural resources agreements. 35

36 Kariba Dam Many thanks In the ashes of conflict lie the seeds of regeneration. 36