Water Resources Law and the SDGs Federal Senate of Brazil 12 December, 2014) Dr. Owen McIntyre Faculty of Law University College Cork National University of Ireland Colloquium on the Legal Dimension of Sustainable Development Goals: Global Perspectives

Overview Relationship between SDGs and Water Law (National & International) Process for Development and Adoption of SDGs SDGs – Zero Draft (June 2014) / OWG Draft (July 2014) Implications for Water Law (National & International) Conclusions

Relationship between SDGs and Intl. / Domestic Water Law 2000 MDGs approach viewed a success –Quantifiable, ambitious, yet realistic, targets for development (of water resources) –Non-binding, political commitment / incentive MDGs/SDGs supported by (increasingly) binding norms of intl. / domestic law SDGs act as a catalyst for the continued development of intl. / domestic water law –Treaty / legislative development and reform – Treaty / custom / legislative interpretation

Process for Development and Adoption of SDGs The Future We Want - Rio+20 (2012): –Water recognised as central to Sust. Dev. Pre-2015: Two Work-Streams –UN Secretary-General –Open Working Group on SDGs 2015: SDGs to be adopted by UN General Assembly Resolution Post-2015: implementation, monitoring compliance dissemination, awareness

Process for Development and Adoption of SDGs (continued) UN Secretary-General’s Work Stream –SG’s Advisory Board on Water & Sanitation 3 rd Hashimoto Action Plan (SDG on Water&San) –Sust. Dev. Solutions Network; High-Level Panel of Eminent Persons; UN Global Comp –Global (online) consultations: MyWorld –22 National Stakeholder Consultations Open Working Group Work Stream –30 UN Member States: revolving / shared –NGOs with ECOSOC consultative status

SDGs (Zero Draft, June 2014) [OWG Draft, July 2014] Goal 6: “Ensure availability and sustainable management of water and sanitation for all” –Target 6.6: “By 2020, protect and restore water- related ecosystems, including mountains, forests, wetlands, rivers, aquifers and lakes” –Target 6.3: By 2030 … reducing pollution, chemicals –Target 6.4: By 2030 … water-use efficiency, sustainable withdrawals –Target 6.5: By 2030 … IWRM at all levels, TB co-op Cross-cutting goal: G1: Hunger; G2: Poverty; G3: Health; G4: Education; G5: Gender Equality; G7: Energy; G15: Ecosystems; etc.

Implications for Water Law Focus: Water and Sanitation for All: –Human Right to Water & Sanitation (GC15) (indicators, benchmarks, etc.) –Entitlements under National Water Law –Intl Water Law: Vital Human Needs (UNWC) Focus: Sustainable Water Use: –e.g. env protection (greening; inter/intra-gen. equity; integrated & conjunctive management; etc. –Nat. Water Law controls re abstraction (EIA) –Nat. Water Law controls on water trading –Intl Water Law: sustainable utilisation: UNWC Art 5 –Intl Water Law: Efficiency, Conserv: UNWC Art 6

Implications for Water Law Focus: Ecosystems Protection: –Nat Water Law: min ecological flows reqs –Nat Water Law: water reserve – ecosystems –Nat Water Law: reqs re ecological functions –Nat Water Law: reqs re ecosystem services / user-pays charging schemes –Intl Water Law: ecological flows –Intl Water Law: ecosystem services / benefit- sharing arrangements –Intl Water Law: ecological water quality stds.

Implications for Water Law Focus: Participatory Water Governance: –Nat Water Law: Water User Groups / Technical Committees –Nat Water Law: Human Right to Water& San –Nat Water Law: custom/indigenous practices –Intl Water Law: Human Right to Water & San; gen (procedural) human rights reqs Focus: Transboundary Water Co-op: –Intl Water Law: duty to co-op (UNWC Art 8) –Intl Water Law: HR Water&San (GC15)

Conclusions SDGs – universal commitment of States to progressive Water Law values (nat/intl) SDGs – incorporate concerns / views of broad constituency of actors (non-State) SDGs – enhance relevance and legitimacy of Water Law (national / intl) SDGs – potential for “transformational” effect re Water Law (national / intl)