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HELP Water Law and Policy

HELP Water Law and Policy. Dr. Patricia Wouters Director, Water Law and Policy Programme University of Dundee, Scotland Member of HELP Task Force. Law and Policy?.

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HELP Water Law and Policy

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  1. HELPWater Law and Policy Dr. Patricia Wouters Director, Water Law and Policy Programme University of Dundee, Scotland Member of HELP Task Force

  2. Law and Policy? • Law: a rule or set of rules, enforceable by the courts (or through procedural mechanisms) regulating the relationship between the state and its subjects, and the conduct of subjects towards one another • Policy: a plan or action adopted or pursued by an individual, government, party, business HELP University of Dundee

  3. Why are law and policy important? • Context: increased competition for diminishing water resources • Issue: who should be entitled to use what quantity / quality of water? • Problem: how to reconcile competing needs? • Challenge: achieving water “security” HELP University of Dundee

  4. Key Issues • Who? • What? • Why? • How? • (is it working?) HELP University of Dundee

  5. Water Law and Policy • Legal entitlement: who, what? • Framework for allocation: how much for who, and why? • Compliance, dispute avoidance and dispute settlement: is everyone getting what was agreed? Should this be modified? Disputes? HELP University of Dundee

  6. Water Law & Policy Programme, Dundee

  7. Case Study: The Nile Legal entitlement: • What is the scope of the resource? • How is scope defined? • Who are the stakeholders? Their needs? Definitions? • Present / future regime? HELP University of Dundee

  8. Case Study: The Nile Framework for allocation • Priorities of use? • Prescriptive scheme / optimal use? • Factors / weight of factors for “reasonable and equitable use • Change of circumstances? HELP University of Dundee

  9. Case Study: The Nile Compliance, dispute avoidance and dispute settlement • ensuring integrity of the regime: monitoring the compliance • reliable and practical / independent indicators • Expert evidence for disputes HELP University of Dundee

  10. HELP: The Paradigm Lock ……based on outdated knowledge and technology Process hydrology Water managers and stakeholders design research ideas output Accepted practices implementation understanding Isolated by legal and professional precedence Isolated by lack of proven utility HELP University of Dundee

  11. Water Law and Policy / HELP The Challenges: • “Real people, real catchments, real answers” • criteria for selection: law & policy issues • developing a LIAT - “legal impact assessment tool” • water lawyer as a member of the team • capacity-building: a new paradigm HELP University of Dundee

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