A review of the evolution and state of transboundary freshwater treaties

Internationally shared basins supply 60 % of global freshwater supply, are home to about 1/3 of the world’s population, and are focal points for interstate conflict and, as importantly, cooperation. To manage these waters, states have developed a large set of formal treaties, but until now these treaties have been difficult to access and systematically assess. This paper presents and makes publicly available the assembly and organization of the largest known collection of transboundary water agreements in existence. We apply for the first time a “lineage” concept to differentiate between independent agreements and groups of legally related texts, spatially reference the texts to a global basin database, and identify agreement purposes, goals and a variety of content areas. The 688 agreements identified were signed between 1820 and 2007 and constitute 250 independent treaties which apply to 113 basins. While the scope and content varies widely, these treaties nominally govern almost 70 % of the world’s transboundary basin area. In terms of content, treaties have shifted from an earlier focus on regulation and development of water resources to the management of resources and the setting of frameworks for that management. While “traditional” issues such as hydropower, water allocation and irrigation are still important, the environment is now the most commonly mentioned issue in treaty texts. Treaties are also increasingly likely to include data and information sharing provisions, have conflict resolution mechanisms, and include mechanisms for participation beyond traditional nation-state actors. Generalizing, treaties have become more comprehensive over time, both in the issues they address and the tools they use to manage those issues cooperatively.     

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.     

Global governance principles for the sustainable development of groundwater resources

A normative framework for the governance of groundwater is emerging at the global level. However, existing analyses have not comprehensively covered all the governance texts that have a bearing on transboundary groundwater resources or looked at them from the perspective of sustainable groundwater governance. Therefore, this paper responds to the questions: What are the global governance texts (including international laws) applicable to groundwater resources; to which forms of the resource do they apply; which principles have been included over time; and what are the implications for sustainable development of groundwater resources now and in the future? The analysis highlights key groundwater concepts, discusses twelve global groundwater governance texts and the thirty principles therein, classifies the principles into ideal–typical categories based on the sustainable development concept; and assesses the gaps and conflicts between the principles and texts. The paper has three key findings. First, groundwater governance is rapidly evolving and there are a number of principles available to promote sustainable development. Second, however, these collective principles do not adequately address (a) the link with all water resources; (b) the potential impact of climate change on water resources; and (c) the impact of trade on equitable sharing of groundwater and protection of groundwater-related ecosystems. Third, to the extent that this collection of principles can contribute to sustainable development, they are inconsistently included in the legally binding groundwater governance texts. Therefore, much progress is needed to ensure a global normative framework that can guide the sustainable governance of groundwater resources.     

Pursuits of adaptiveness in the shared rivers of Monsoon Asia

How water should be managed in Monsoon Asia is emerging as one of the core earth system governance challenges. In this article, we explore the politics around pursuits of adaptiveness in water management, emphasizing the major transboundary river basins draining the south and eastern Himalayas. We look at two main functions: storing, diverting and sharing water for periods of scarcity; protecting people and places from destructive floods. We find that the pursuit of adaptiveness will take place partly outside the range of human experience in a context of large differences in exposure and vulnerabilities, disparate interests and unequal power. Anticipatory policies and actions to adapt and improve adaptive capacity to the transboundary impacts of changes in water-use, land-use and climate on water resources and services are still in their infancy; but several problem-framing discourses are emerging that have longer-term implications for water governance. It is not yet clear how these competing policy-frames will evolve in Asia. Much will depend on how systems of water governance develop. Public scrutiny of how governments in Asia plan to adapt to climate change in the water sector—on how risks of not enough and too much water are dealt with—will need to continue to help sort out those projects and strategies which are driven primarily by political benefits from those which actually contribute to building adaptive capacities and maintaining social-ecological resilience.     

Tributary-level transboundary water law in the Syr Darya: overlooked stories of practical water cooperation

Conventional emphasis on basin-wide water management has often resulted in the formation of transboundary water law on the basin or near basin scale. In Central Asia, however, the Syr Darya Basin possesses an abundance of tributary-level cooperative agreements that guide and codify water sharing and management on the sub-basin scale. To understand the volume and nature of this cooperation, this paper compiled and analyzed a set of agreements that apply to small transboundary tributaries (STTs) in the Syr Darya Basin. The paper assembled the largest collection of STT water agreements—123 in total—and classified such documents according to a range of criteria including: purpose and objectives, water management issues, and operational mechanisms. Results of this work highlight a rise in sub-basin-scale cooperation in the first decade of the twenty-first century, a time when large-scale cooperation appeared tenuous; a practical orientation to transboundary water management at a small scale; and an abundance of treaties of short time duration. These findings present options related to scale, time duration and focus of transboundary water law that can help inform future treaty development.     

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.     

Advancing coordinated cyber-investigations and tool interoperability using a community developed specification language

Any investigation can have a digital dimension, often involving information from multiple data sources, organizations and jurisdictions. Existing approaches to representing and exchanging cyber-investigation information are inadequate, particularly when combining data sources from numerous organizations or dealing with large amounts of data from various tools. To conduct investigations effectively, there is a pressing need to harmonize how this information is represented and exchanged. This paper addresses this need for information exchange and tool interoperability with an open community-developed specification language called Cyber-investigation Analysis Standard Expression (CASE). To further promote a common structure, CASE aligns with and extends the Unified Cyber Ontology (UCO) construct, which provides a format for representing information in all cyber domains. This ontology abstracts objects and concepts that are not CASE-specific, so that they can be used across other cyber disciplines that may extend UCO. This work is a rational evolution of the Digital Forensic Analysis eXpression (DFAX) for representing digital forensic information and provenance. CASE is more flexible than DFAX and can be utilized in any context, including criminal, corporate and intelligence. CASE also builds on the Hansken data model developed and implemented by the Netherlands Forensic Institute (NFI). CASE enables the fusion of information from different organizations, data sources, and forensic tools to foster more comprehensive and cohesive analysis. This paper includes illustrative examples of how CASE can be implemented and used to capture information in a structured form to advance sharing, interoperability and analysis in cyber-investigations. In addition to capturing technical details and relationships between objects, CASE provides structure for representing and sharing details about how cyber-information was handled, transferred, processed, analyzed, and interpreted. CASE also supports data marking for sharing information at different levels of trust and classification, and for protecting sensitive and private information. Furthermore, CASE supports the sharing of knowledge related to cyber-investigations, including distinctive patterns of activity/behavior that are common across cases. This paper features a proof-of-concept Application Program Interface (API) to facilitate implementation of CASE in tools. Community members are encouraged to participate in the development and implementation of CASE and UCO.     

Process-focused analysis in transboundary water governance research

Previous analysis of transboundary water governance has been focused primarily on state-centred approaches. The articles in this special section move us forward from this focus in three ways. First, they highlight the crucial role played by non-state actors in shaping water governance outcomes. Second, they show us how these actors can increase the ‘room for manoeuvre’ in negotiations. Third, they provide an entry point for developing process-focused approaches in transboundary water governance research. This article argues such an approach might improve our understanding of transboundary water outcomes and suggests new focus on how key actors form networks of alliances and shape decision-making landscapes at multiple governance levels and arenas. From a scholarly perspective, it brings to light the blurred boundary between state and non-state actors, as derived from a better understanding of the elusive links between actors and organisations; it unravels additional layers of complexity in the hydro-hegemony concept and bends the rigid notion of power asymmetry, towards the subtleties of power relations and interplays in transboundary decision-making processes.     

国际法上的风险预防原则

风险预防原则已经成为国际和国内环境保护法律制度的一项重要的基本原则。该原则要求我们在进行任何的经济活动之前就对该活动可能会对自然环境和生态系统造成的影响进行风险预测,并相应采取针对性的措施,从而更好地保护自然环境和生态系统。但如何将该原则运用到危险废物越境转移领域,仍然有待我们进行理论上的探讨。应加强对危险废物越境转移中运用该原则等方面的探讨。     

Canada–USA Bilateral Fisheries Management in the Gulf of Maine: Under the Radar Screen

Canada and the USA have developed a series of cooperative initiatives that address transboundary fisheries issues in the Gulf of Maine. The Canada–USA Steering Committee serves as an umbrella forum for discussing and coordinating transboundary management measures. Through the work of the Transboundary Resource Assessment Committee and the Transboundary Management Guidance Committee, the Steering Committee has overseen the development of joint scientific stock assessments and a sharing agreement for groundfish resources in the vicinity of the eastern Georges Bank. The bilateral Fisheries Enforcement Agreement helps ensure the success of such cooperative management initiatives by combating illegal fishing in the vicinity of the international boundary. However, the largely informal 'under the radar screen' arrangements, while positive on many fronts, to date fall short of fully implementing key principles of sustainable development, such as public participation, the ecosystem approach, integration and precaution.     

Collaborations between drug courts and service providers: Characteristics and challenges

Addressing the multiple treatment needs of drug-involved offenders can enhance outcomes including sobriety and recidivism. Meeting drug court offenders' needs requires collaborative linkages between courts and providers of treatment and other services; however, there has been limited research on linkages. Using semi-structured interview data collected from administrators of fourteen drug courts and providers of services to offenders in those drug courts, this study described collaborative linkages and the challenges involved in fostering them. Although results suggest a moderate to strong level of linkage as perceived by both drug court administrators and service providers, services other than substance abuse treatment were sparsely provided through the drug courts. Limitations in funding, management information systems, and staffing were perceived as barriers to linkage. Results offer directions for enhancing linkages between drug courts and service providers and should be of value in improving quality of drug court treatment and offender outcomes.     

Data Theft? Cybercrime and the Increasing Criminalization of Access to Data

The use of computers in the commission of crime, so-called ??cybercrime??, presents a considerable challenge to law enforcement. Central to the prosecution of cybercrime is the offence of unauthorised access to a computer, or ??hacking??. Originally conceived of as analogous to trespass, the trend in some jurisdictions has been toward punishing access to computer data per se. This issue also arises under the Council of Europe Convention on Cybercrime which criminalizes ??offences against the confidentiality, integrity and availability of computer data and systems??. As the criminal law traditionally provides protection only to limited forms of information, the increasing use of the criminal law to protect computer data therefore confers on it a status not enjoyed by information stored in other forms. Drawing upon the laws of Australia, the United Kingdom and the United States, this article explores the increasing criminalization of access to computer data. It describes the evolution of cybercrime laws and considers ways in which problems of over breadth may be avoided. Questions will also be raised as to the appropriate role of the criminal law in protecting information.     

Transboundary river basin agreements in the Mekong and Zambezi basins: Enhancing environmental security or securitizing the environment?

Multilateral agreements are emerging as important mechanisms for structuring cooperation in politically and ecologically complex transboundary river basins around the world. While such agreements are offered and legitimized as a means to advance ecological and human security, they instead often promote state-centric environmental securitization. As a result, seemingly progressive agreements grounded in international law are likely to precipitate and mask environmental degradation until it becomes serious or even irreversible, creating both ecological and human security crises at a variety of scales. Case studies of wetland ecosystems in both the Zambezi and Mekong basins reveal the material and discursive linkages between international agreements and security. By drawing on critical approaches that acknowledge both the socially constructed and the multi-dimensional nature of sovereignty, this paper exposes significant institutional barriers to ecologically sustainable transboundary cooperation in the two basins.

Transboundary water interaction I: reconsidering conflict and cooperation

Whether the inter-state and sub-national tensions over transboundary waters will lead to greater conflict or increased cooperation remains a hotly debated issue. Most work on the subject situates transboundary water conflict and transboundary water cooperation at opposing ends of a continuum. The examination of either conflict or cooperation, we argue, refutes the reality of the vast majority of contexts where cooperation and conflict actually co-exist, and perpetuates the paradigm that any conflict is ‘bad’, and that all forms of cooperation are ‘good’. The efforts of the international water academic and practitioner communities may be better served through a combined reading of conflict and cooperation as transboundary water interaction. Mirumachi’s Transboundary Waters Interaction NexuS is offered as a robust method demonstrating that simultaneous consideration of conflict and cooperation is both insightful and possible. Transboundary water interaction is shown to be an inherently political process determined by the broader political context. We examine evidence suggesting that uncritical acceptance of traditional forms of ‘cooperative’ arrangements may in fact sustain the conflict it was intended to transform. Several other less well-known faces of ‘cooperation’ are discussed in detail, with examples of narrow, token and coercive cooperation derived from inter-state relations on the Jordan, Nile and Ganges rivers. With a view to paving the way for improved transboundary water sharing and governance, subjectively negative, neutral and positive forms of interaction are defined, and linked with a first approximation of their potential driving forces.

Transferring knowledge in Quebec–Mexico partnerships: the case of the dairy industry

This work seeks to contribute to technology transfer case study literature, by exploring the possibilities of an international trade between Mexico and Quebec in dairy industry under an international agreement??s environment. We report this probable exchange on an exploratory study, based on previous studies made at HEC Montréal at the International Technology Transfer course. This was explored in terms of knowledge and technology transfer, involving an innovative product. We present evidence based on public information and company interviews?? results which, analyzed through a theoretical framework of knowledge and technology transfer, suggests a possible future partnership, involving knowledge transfer. Our results show that, even if the two companies selected have similar cooperative-type structures, they do not behave in similar way. Both enterprises could better complement each other in terms of R&D, marketing, benchmarking, process and entrepreneurial capabilities. Furthermore, our research indicates that both enterprises could better face on industry??s threats in domestic and international competition, which could be used as a basis for further research in international technology transfers.     

Trade specialization, export productivity and growth in Brazil, China, India, South Africa, and a cross section of countries

The paper analyses the patterns of export productivity and trade specialization profiles in Brazil, China, India and South Africa, and in other economic groupings and regions. Various measures of trade specialization and a time varying export productivity indicator are estimated using highly disaggregated export data. The findings reveal that there are important differences in the export productivity and specialisation patterns across countries and regions. Export productivity??and export sophistication??are in line to that of wealthier and more advance economies. The results further confirm the importance of not just the volume of exports, but the type of specialisation patterns.     

R&D subsidy games: a cost sharing approach vs. reward for performance

This paper investigates government subsidy games for private sector research and development (R&D) in a two-country two-firm intra-industry trade model. Two funding structures are compared: ??cost sharing?? vs. ??reward for performance.?? Both the theoretical evidence and the results of a Monte Carlo simulation suggest that cost sharing is associated with higher social surplus and quality improvement because it prompts the firm to do more R&D. In a cost sharing program government and firm R&D are always complements. In the reward for performance program government and firm R&D may be complements, but are usually substitutes. In the Monte Carlo results the average firm contribution to R&D expenditure is actually negative with a reward for performance funding structure??raising the question of whether it might be construed as corporate welfare. Finally, the paper characterizes funding priorities for both structures in the case when subsidy dollars are scarce and when they are not.     

Transboundary water interaction II: the influence of ‘soft’ power

This paper seeks to broaden the analysis of transboundary water interaction, by examining and interpreting the influence of ‘soft’ power therein. The ‘soft’ power of persuasion is understood to be exercised through discursive and to a lesser extent ideational means, and is interpreted in terms of compliance related to distributive (conflictual) or integrative (consensual) ends (after Scott (1994)). The focus is on inter-state water conflicts in hegemonic political contexts, where, it is found, the ‘first among equals’ has a greater ability to exploit ‘soft’ power and to determine the outcome. ‘Soft’ power is also seen to influence the choices states make or avoid in their transboundary water interaction, which explains in part how treaties intending to manage conflict may in fact delay or perpetuate it. For example, ‘soft’ power can be used by the basin hegemon to frame inequitable forms of cooperation in a cooperative light, such that unfair and ultimately unsustainable transboundary arrangements are replicated by the international donor community. Non-hegemonic riparian states also employ their capacity of ‘soft’ power, though may find themselves with little choice other than to comply with the arrangement established by the basin hegemon. The findings stress the importance of analysts questioning claims of interaction promoted as ‘cooperative’, and of examining the ‘soft’ power plays that underlie all transboundary water arrangements. Exemplification is provided through transboundary river basins and aquifers around the globe.