Information
- Date: 16 Jun 2012
- Time: 10:00 - 1:00 pm
- Organizer: Cap-Net UNDP
- Theme: National legal frameworks conducive of sustainable development
- Perspective: Global
- Language: english
- See instructors
Streams of Law: water legislation and legal reform for IWRM
Summary
An examination of water systems globally reveals that in almost all legal systems water law has allocated water or water use rights, responsibilities, and powers. Legal systems are a means to protect human needs and often the environment and enforce the rights and responsibilities assigned to social actors. As the new social paradigm has shifted towards IWRM, it is therefore expected that legal arrangements will play a key role for the new principles to be formally implemented. Tens of countries throughout the world are modifying their water laws in accordance with the principles of IWRM. The new management paradigm requires adapted legislations and regulations which consider changes in water (use) rights, the role of stakeholders, participatory mechanisms, the understanding of customary rights, relationship with the environment, basin approach, international matters and agreements, and integrity and transparency amongst others. Countries engage in legal reforms to ensure that a legal framework is created that enables the policies and objectives to be achieved. The impacts are therefore far reaching and legal reform needs careful consideration which should not be treated as side element for IWRM but as key driver and condition for success.
Introduction
An examination of water systems globally reveals that in almost all legal systems water law has allocated water or water use rights, responsibilities, and powers. Legal systems are a means to protect human needs and often the environment and enforce the rights and responsibilities assigned to social actors. As the new social paradigm has shifted towards IWRM, it is therefore expected that legal arrangements will play a key role for the new principles to be formally implemented. Tens of countries throughout the world are modifying their water laws in accordance with the principles of IWRM. The new management paradigm requires adapted legislations and regulations which consider changes in water (use) rights, the role of stakeholders, participatory mechanisms, the understanding of customary rights, relationship with the environment, basin approach, international matters and agreements, and integrity and transparency amongst others. Countries engage in legal reforms to ensure that a legal framework is created that enables the policies and objectives to be achieved. The impacts are therefore far reaching and legal reform needs careful consideration which should not be treated as side element for IWRM but as key driver and condition for success.
Objective
The course will introduce and map main elements to be considered in the framework of legal reform for integrated water resources management. The short course is intended to provide participants an introduction and orientation to this essential element of water management, facilitating them basic comprehension and a knowledge path to follow.
Programme
45 mins - IWRM Paradigm change - Why is a legal framework needed?
30 mins - Discussion
60 mins - Group work: mapping water legislation
30 mins - Groups feedback
30 mins - Water policy translated into legislation: what a water law usually contains
30 mins - Discussion
30 mins - International water law and agreements
45 mins - Discussion: way forward - key messages & challenges
Method
The workshop will use adult learning tools, focusing on participants sharing their own experiences, and guided by the introduction of new conceptual approaches and tools. There will be a combination of short lectures, practical exercises, group work and discussion. Presentations (35%)
Task-based learning (30%)
Discussions (35%)
Impact
Participating delegates are aware this essential element of water management, facilitating them basic comprehension and a knowledge path to follow.
Instructors
Instructor 1
Lilliana Arrieta Quesada (REDICA)
Management for Sustainable Development, INCAE, Costa Rica, Group 2006.
Trained at the ToT in Gender and Water, Bangkok, Thailand, June 2003 http://www.genderandwater.org/page/203
Member of the Costa Rican national core group for the case of CR vs Nicaragua at the International Court of Justice, The Hague, 2010-2012.
Lecture at the University of Costa Rica since 2000.
Consultant for the International Canadian Cooperation Institute. Project of Gender Equity on framework of competitively enterprise. INAMU/ICCI, Costa Rica, 2002.
Master in Tax Law, 1997. International Cooperation University, School of Law, Costa Rica
Public and Constitutional Law Specialist 1987, Costa Rican University, School of Law.
First International Training in Human Rights, IDH, San José, Costa Rica 1986.
Trained at the ToT in Gender and Water, Bangkok, Thailand, June 2003 http://www.genderandwater.org/page/203
Member of the Costa Rican national core group for the case of CR vs Nicaragua at the International Court of Justice, The Hague, 2010-2012.
Lecture at the University of Costa Rica since 2000.
Consultant for the International Canadian Cooperation Institute. Project of Gender Equity on framework of competitively enterprise. INAMU/ICCI, Costa Rica, 2002.
Master in Tax Law, 1997. International Cooperation University, School of Law, Costa Rica
Public and Constitutional Law Specialist 1987, Costa Rican University, School of Law.
First International Training in Human Rights, IDH, San José, Costa Rica 1986.
Instructor 2
Damian Indij (LA-WETnet)
Capacity building network and knowledge management specialist for Integrated Water Resources Management (IWRM) with more than 10 years of experience at the country level in Argentina, regional in Latin America and global. Team leader and author for the development of various IWRM training manuals and network management tools. Active IWRM promoter, lecturer, trainer, and facilitator in courses in Latin America, Africa, Asia, and Europe.
Damian has extensive involvement as part of multidisciplinary and international task forces working closely with academic institutions, governments, UN organisations, bilateral donors, and international NGOs. Background Licentiate in Business Administration, Specialization and Masters Degree in Education and Postgraduate in Management of Non Profit Organizations.
Since 2002 Damian has coordinated more than 30 capacity building courses in various water related topics, in combination with over 70 local, regional, and international organisations. He has also developed stakeholders maps; training needs assessments; external evaluations; and has provided institutional support to NGOs and networks. As consultant he has worked for UNDP, UN ECLAC, European Commission, INWENT, and SIWI.
Damian has extensive involvement as part of multidisciplinary and international task forces working closely with academic institutions, governments, UN organisations, bilateral donors, and international NGOs. Background Licentiate in Business Administration, Specialization and Masters Degree in Education and Postgraduate in Management of Non Profit Organizations.
Since 2002 Damian has coordinated more than 30 capacity building courses in various water related topics, in combination with over 70 local, regional, and international organisations. He has also developed stakeholders maps; training needs assessments; external evaluations; and has provided institutional support to NGOs and networks. As consultant he has worked for UNDP, UN ECLAC, European Commission, INWENT, and SIWI.