Water resources data and information exchange in transboundary water treaties

Despite international calls for data and information sharing in transboundary waters and basin-specific evidence of its importance to cooperative management, no systematic research has been undertaken to answer questions of where, how frequently, and which water resources data and information are exchanged. This paper examines all available transboundary water agreements signed between 1900 and 2007 to determine the degree to which water resources data and information is exchanged in the world??s regions, how the level of exchange has developed over time, and the different ways in which data and information sharing has been codified in practice. In doing so, we reveal important trends regarding the mechanisms, types, and frequencies of water resources data and information sharing??as well as differences across temporal and spatial scales, by treaty type and function, and regime type. The results indicate that data and information exchange as already practiced is more nuanced and, in some senses, widespread than may commonly be recognized. Further, the results reveal key linkages between democracy and data and information exchange and provide a basis to test analogous linkages related to data sharing and other variables in transboundary water settings.     

Geophysics and the search of freshwater bodies: A review

Geophysics may assist scent dogs and divers in the search of water bodies for human and animal remains, contraband, weapons and explosives by surveying large areas rapidly and identifying targets or environmental hazards. The most commonly applied methods are described and evaluated for forensic searches. Seismic reflection or refraction and CHIRPS are useful for deep, open water bodies and identifying large targets, yet limited in streams and ponds. The use of ground penetrating radar (GPR) on water (WPR) is of limited use in deep waters (over 20 m) but is advantageous in the search for non-metallic targets in small ditches and ponds. Large metal or metal-bearing targets can be successfully imaged in deep waters by using towfish magnetometers: in shallow waters such a towfish cannot be used, so a non-metalliferous boat can carry a terrestrial magnetometer. Each device has its uses, depending on the target and location: unknown target make-up (e.g. a homicide victim with or without a metal object) may be best located using a range of methods (the multi-proxy approach), depending on water depth. Geophysics may not definitively find the target, but can provide areas for elimination and detailed search by dogs and divers, saving time and effort.     

The doctrine of liability fixation of state responsibility in the convention on transboundary pollution damage

International Environmental Agreements: Politics, Law and Economics - Transboundary pollution is an international problem. There are currently no adequate mechanisms under international law to...     

The state of nature and the evolution of political preferences

Analysis of governmental institutions often proceeds from ahypothetical 'state of nature', according to which humans areanalyzed as if they once existed as solitary individuals withno rules. Humans have never existed as humans in such an environmentbut have always been a group-living species. Rules have evolvedwith humans and were never 'created' de novo. Evolved ruleshave implications for contemporary governance. Human groupshave always been in conflict, and rules distinguish betweengroup members and outsiders. These rules have proved remarkablyflexible. Some rules regulate private conduct of group members.Although the desirability of these rules today is unclear, Iargue that a libertarian regime would have been unstable, whichmay explain why there are few persons with tastes for libertariangovernments. This analysis further explains why utility functionscontain elements of envy. Rules of property, contract, and hierarchyare well developed and universal among humans.     

Measures to enhance the success of global climate treaties

We analyze important forces that hamper the formation of successful self-enforcing agreements to mitigate global warming from an economic point of view. The analysis combines two modules: (a) an integrated assessment model that captures the feedback between the economy, environmental damages and the climate system and (b) a game theoretic model that determines stable coalitions in the presence of free-riding incentives. We consider two types of measures to enhance the success of international environmental treaty-making: (a) transfers, aiming at balancing asymmetric gains from cooperation; (b) institutional changes, aiming at making it more difficult to upset stability of a treaty. We find that institutional changes may be as important as transfers and should therefore receive more attention in future international negotiations.

Tax treaties with developing countries and the allocation of taxing rights

Worldwide income taxation in the country of residence is a legal dogma of international taxation. We question this dogma from the perspective of relations between developed and developing countries from legal and economic perspectives, and make a modern and fair proposal for tax treaties. We show under which conditions a developing and a developed country will voluntarily sign a tax treaty where the developing country is more inclined to share the information with the developed country and whether they should share revenues. Moreover, we demonstrate how the conclusion of a tax treaty can assist in the implementation of a tax audit system in the developing country.     

Environmental liability and harmonization in the presence of transboundary effects and hidden assets

Within the context of transboundary disputes, this paper seeks to determine which liability concept, negligence or strict liability, performs better when assets are secure against foreign claims for transboundary damages. Our results indicate that, if assets are hidden from foreign claims, strict liability will not implement the socially optimal outcome, but neither will negligence. However, even though the socially optimal outcome is not always achieved, strict liability weakly dominates negligence. These results suggest that the harmonization of statues that deal with transboundary pollution should be based on strict liability not negligence. JEL classification K32 · Q5 Smith and Eckert both thank SSHRC of Canada for financial assistance. We thank two referees for valuable comments that greatly improved the paper and Matt Smith for his research assistance. All remaining errors are our responsibility.     

Bilateral investment treaties: an empirical analysis of the practices of Brazil and China

Bilateral investment treaties (BITs) have proliferated, particularly in the last two decades. Among the large emerging markets, Brazil and China are the largest emerging countries in South America and Asia, respectively. Foreign investors have mostly perceived these two countries as the sought-after places with great potentialities and attractiveness. However, Brazil and China have adopted completely different strategies regarding BITs. The objective of this paper is to make an empirical and comparative study of the experiences of Brazil and China by answering the following questions: Why did the two large emerging economies adopt such different positions concerning BITs? Does the hostile approach or the proactive approach depend exclusively on economic and political factors? What are the advantages and disadvantages of the BITs? Do the practices of Brazil and China reflect the problems or the positive impacts of the existing BITs?     

Regional cooperation,patronage and the ASEAN Agreement on transboundary haze pollution

Transboundary haze pollution is an almost annual occurrence in Southeast Asia. Haze originates from peat and forest fires mostly in Indonesia, with Malaysia and Singapore suffering the worst of its effects. Most of these fires are man-made and linked to land-clearing activities of local and foreign commercial oil palm plantations. The regional nature of the haze has resulted in a concentration of haze mitigation activities at the Association of Southeast Asian Nations (ASEAN) level. However, these initiatives continually fail to effectively mitigate haze. This article argues that this failure is due to the influence of patronage politics in the sector, which is linked to the ASEAN style of regional engagement that prioritises the maintenance of national sovereignty. States are compelled to act in their national interests, as opposed to the collective regional interests. The economic importance of the oil palm sector to the states involved, coupled with the political importance of the clients populating this sector to elite patrons in the governments, meant that the maintenance of the status quo, where clients could continue to clear land using fire, was of crucial national interest. Therefore, the ASEAN style of regional engagement has enabled political elites to shape ASEAN initiatives to preserve the interests of their clients, while the public continue to suffer the haze. This article demonstrates this through a close analysis of the negotiations, outcomes and the implementation of the ASEAN Agreement on transboundary haze pollution, with a special focus on Indonesia’s decision to withhold ratification of the treaty.     

The weakness of the strong: re-examining power in transboundary water dynamics

This article proposes a re-examination of how power is conceptualized within transboundary hydropolitics by arguing that power has been misrepresented in the water resources literature. Overemphasis on the factors of a country’s relative power, riparian position, and technological potential to exploit the resource has led to assumptions that the non-hegemon(s) is often unable to achieve their own positive outcomes and that the outcomes of interactions between hegemons and non-hegemons are predictable and detrimental. However, it appears that there are many examples that run counter to the power narrative that employs these factors. This study argues that this overemphasis neglects hegemonic vulnerabilities, which, when included with hegemonic capacities, are much more instructive in explaining transboundary water dynamics. The sources of the weakness of the strong of the alleged hegemon originates from several sources, including interlinkages between water and non-water issues, internal and external expectations, and consideration of whether the water-related issue at hand is crucial to each party’s survival or whether the party has the luxury to survive the outcome of the resolution. These factors allow for non-hegemons to achieve more favorable outcomes and, when incorporated in analysis, provide a fuller picture of the true power balance in each transboundary water interaction. We therefore call for a reconceptualization of power dynamics in transboundary waters that accounts for structural weaknesses present within all parties.     

The role of valuation and bargaining in optimising transboundary watercourse treaty regimes

In the face of water scarcity, growing water demands, population increase, ecosystem degradation, or climate change, transboundary watercourse states inevitably have to make difficult decisions on how finite quantities of water are distributed. Such waters, and their associated ecosystem services, offer multiple benefits. Valuation and bargaining can play a key role in the sharing of these ecosystems services and their associated benefits across sovereign borders. Ecosystem services in transboundary watercourses essentially constitute a portfolio of assets. While challenging, their commodification, which creates property rights, supports trading. Such trading offers a means by which to resolve conflicts over competing uses and allows states to optimise their ‘portfolios’. However, despite this potential, adoption of appropriate treaty frameworks that might facilitate a market-based approach to the discovery and allocation of water-related ecosystem services at the transboundary level remains both a challenge and a topic worthy of further study. Drawing upon concepts in law and economics, this paper therefore seeks to advance the study of how treaty frameworks might be developed in a way that supports such a market-based approach to ecosystem services and transboundary waters.