Urban Water Water in Middle in Middle Eastern Eastern countries, countries, Urban a Development Development Challenge: Challenge: a Legal Issues Issues Legal Rana Kharouf Gaudig Kharouf Gaudig Rana Paris Descartes University University Paris Descartes Faculty of Law of Law Faculty
Particularities of this case case study study: : Particularities of this • The Middle East is a water-stressed region • The region’s main surface waters are made up of international watercourses and underground waters that are international aquifers for the most part • Water management in big cities is dependent on the availability of water coming from outside their boundaries or in the case of groundwater from shared aquifers
P r i nc i pa l aqu if ere s o f t he M idd le E as t Titre Titre • Corps S o u r ce Ź : DÕ ap r ¸ s WH Y M A P / U NE S C O- I HP , 2 0 0 4. Tr a d u it de l' a n g la i s pa r n o s s o i ns .
Ti gr is - Euph rates Š Sha tt a l Arab Titre Titre • Corps So urce Ź : Rekac ewicz P., ĒŹ Agricu lture et resso urce s hydrologique s en Ir ak Ź Č , in : Le m onde diplom atiq ue , ja nvier 19 94, arch ive cartog raph ie, disp onible sur l e site www .m ond e-dip lom atiqu e.fr/ca rtes/agricultureirak94 , co ns ult ˇ le 20 m ars 2 005.
T he Jordan R i ve r B as si n Titre Titre • Corps S o u r c e Ź : D 'ap r ¸ s L aco st e Y ., L Õ e a u d a n s le mo n d e Ź : le s b a t a il l e s p o ur l a v i e , Mo n t r ˇ a l , La r o uss e, 2 0 0 4 , Ź p . Ź 8 7.
In the case of the Middle East we note: In the case of the Middle East we note: • An influx of people to urban areas • Worsening ecological conditions due to pollution • Big cities have a hard time balancing a limited offer and the increasing demand in drinking water
Water production and needs in the Damascus urban area Source: Report of the Fijeh water utility, Damascus, 2004. 1995 2000 2005 2010 2020 2030 Local production 270 290 300 303 303 303 Area's needs 240 310 390 470 626 804 Area's shortage 20 90 167 323 501 Potential transfers 1260 927 856 % of satisfaction 112 94 77 64 84 38 of needs without regional transfer % of satisfaction 333 196 104 of needs with regional transfer
The role of the law in response to The role of the law in response to increasingly scarce and deteriorating increasingly scarce and deteriorating water resources: water resources: • The role of domestic law is to enforce both govermental water policy and international water law (interstate agreements), i.e. : � To enforce the commitments of riparian states towards other riparian states � To rationalise consumption � To preserve water resources
How can the law organise How can the law organise water management und use by water management und use by countries under a water policy: countries under a water policy: Through the elaboration of water-related legal mechanisms in: - Texts of domestic law - International agreements handling the water issue according to:
Legal tools for proper water Legal tools for proper water management: management: 1- Legal status (ownership) 2- Management
Regulation of of the use : use : Regulation the Protection against : 1- depletion and loss of control over extraction and use 2- pollution
Therefore: : Therefore 1- Domestic law must meet the requirements of sustainable development by reinforcing water- related legal mechanisms 2- We need to harmonise water-related national legislations if we want to be able to act efficiently against the threat to this vital and universal resource 3- Reference to international water law: - Convention on non-navigational uses of international watercourses of 1997 - Draft articles on transboundary aquifers of 2008
General principles of General principles of International Water Law : Law : International Water 1- Obligation not to cause significant harm 2- Equitable and reasonable utilization and participation 3- Obligation to notify, consult and negotiate
• The current problems shared by all The current problems shared by all • countries cannot be settled fairly countries cannot be settled fairly without cooperation and solidarity without cooperation and solidarity • Water management is difficult to • Water management is difficult to organise because of: organise because of: The principle of absolute - - The principle of absolute sovereignty sovereignty - The persisting conflictive context - The persisting conflictive context
For water to become a source of For water to become a source of cooperation: cooperation: 1- We need a global, future-oriented strategy in compliance with sustainable development principles 2- That strategy must be grounded in laws based on hydrological, economic, social and cultural studies 3- Its implementation must be guaranteed by the coordinated policies of all riparian countries
• Taking all elements of the water issue • Taking all elements of the water issue into account when making future into account when making future decisions is the prerequisite for the decisions is the prerequisite for the sustainable management of resources. sustainable management of resources. This concerns cities in particular, where, This concerns cities in particular, where, given the population density, stakes are given the population density, stakes are highest and the water issue is showcased highest and the water issue is showcased in all its complexity in all its complexity
The example of the Middle The example of the Middle East and of its cities shows East and of its cities shows that the challenge of urban that the challenge of urban water management calls for water management calls for new and sustainable new and sustainable methods to be implemented methods to be implemented which, like the water cycle which, like the water cycle and the interconnection of and the interconnection of its components, will bring its components, will bring all of the countries all of the countries concerned together for the concerned together for the purpose of drawing up a purpose of drawing up a coherent and harmonious coherent and harmonious legal framework legal framework
In this way, the law can play a role In this way, the law can play a role in insuring that future generations in insuring that future generations have what they need have what they need
Titre Titre • Corps Thank you Thank you
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