Archive for the ‘Water Legends’ Category

2017 – The Year of Water Law

Friday, October 6th, 2017

2017 can, and indeed should, be called “the Year of Water Law.” A number of water lawyers have been honored by organizations and associations across the globe for their significant contribution to the legal field of knowledge in water resources management.

SalmanDr. Salman Salman received the Crystal Drop Award from the International Water Resources Association (IWRA) at the IWRA 16th Congress in Cancun, Mexico in June 2017. The Award, which Dr. Salman shared with Dr. Cecilia Tortajada, is the highest award of the IWRA, and is presented once every three years. The IWRA congratulated Dr. Salman for “achieving this unique distinction and attaining this notable award from the Association. Your extensive knowledge and broad experience in the water resources sector are, certainly, of an unparalleled match.”

LilianDr. Lilian del Castillo Laborde, was also honored in the same Congress in Cancun by the IWRA, and was awarded the notable and noble status of “Distinguished Honorary Member.” Lilian is a long-time member of the IWRA, and has served IWRA in various positions, including Vice President. She is also a member of the Executive Council of the International Association for Water Law.

eckstein_gabriel1Professor Gabriel Eckstein’s leading role as the Chair of the International Scientific Committee of the IWRA was widely acknowledge with deep appreciation by the IWRA in Cancun. The Committee was shouldered with the responsibility of organizing the IWRA Cancun Congress which turned into a major success, attended by more than 1,400 experts who presented and discussed more than 400 papers. Acknowledgement of Gabriel’s leading role was made during both, the opening and closing sessions of the Congress.

stephen_mccaffreyProfessor Stephen McCaffrey was awarded in August 2017 the Stockholm Water Prize for his unparalleled contribution to the evolution and progressive realization of international water law. In its citation, the Stockholm Water Prize Nominating Committee recognized Professor McCaffrey’s “path-breaking leadership and legal scholarship in international water law. He has made a unique contribution in three specific areas: his seminal work on Treaty negotiation; his major scholarly works, including his book The Law of International Watercourses and; his leadership providing expert legal advice, wise counsel, training and facilitation of complex negotiations with a wide range of stakeholders.”

MaraDr. Mara Tignino, Senior Lecturer at at the Faculty of Law of the University of Geneva, and Coordinator of the Platform for International Water Law at the Geneva Water Hub, received the award “Women Peacebuilders for Water” at the international conference “Rules of Water, Rules for Life”, organized by the Milan Center for Food Law and Policy, in Italy in September 2017. This award marks the seventeenth anniversary of Resolution 1325 adopted by the United Nations Security Council on the contribution of women to peacebuilding in post-conflict situations. The award was given to Mara Tignino by the UN Special Rapporteur on the Right to Food, Ms Hilal Elver, and was motivated by her research in international water law and her dedication to the creation of new generations of international lawyers.

Truly, 2017 has turned out to be the Year of Water Law.

Salman M.A. Salman Bestowed with IWRA Crystal Drop Award

Friday, June 9th, 2017

While an individual’s career is often influenced by various guides and advisers, on occasion, it is possible to trace one’s career path to a particular mentor.  In my case, it is Dr. Salman M.A. Salman.  Regarded as one of the definitive experts in the field of international water law, Dr. Salman has been exceptionally kind with guidance on research and consulting projects throughout my career, and has championed my candidacy for various opportunities.  In no small measure, Salman has been an unassailable and steadfast Sherpa on my journey through the water world.  More importantly, he has been a mentor and friend.

This is why I was absolutely thrilled when, on 1st June 2017, the International Water Resources Association bestowed on Dr. Salman (along with the equally incredible Dr. Cecilia Tortajada) its highest recognition – the Crystal Drop Award – at the XVI World Water Congress.  Having devoted his entire career and scholarship to water issues around the world, I know of no one more deserving of this recognition than Dr. Salman.  The following is a transcript of Dr. Salman’s acceptance speech.

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Good afternoon water colleagues and friends

I am deeply humbled by my selection as the co-recipient of the Crystal Drop Award 2017. It is indeed a great honor being a member since 1994 of the International Water Resources Association – the premier, global, inclusive think tank that encompasses all the disciplines and experts around the world working on water resources.

Thus, it is particularly rewarding and gratifying that this distinguished community of experts has recognized my work on water law and policy, and on the urgent need for cooperation on shared watercourses. This is a mission I have embarked on some decades ago at my hometown, Khartoum, at the confluence of the Blue Nile and White Nile in the Sudan.

Allow me fellow water colleagues and friends, after this acceptance speech of the Crystal Drop Award, to deliver a short address on the role and contribution of our International Water Resources Association on the on-going debate on the challenges facing water resources.

Dr. Salman M.A. Salman accepting the Crystal Drop Award

Dr. Salman M.A. Salman accepting the Crystal Drop Award

We have now been in Cancun together for almost a week, for our sixteenth Congress, debating and brainstorming on the tremendous challenges facing the planet’s most scarce and precious resource. Hence, I thought I would use my remaining time for a quick overview of how the road to this week’s Congress has been paved, and to bring to light the great efforts that have helped in expanding and strengthening our contribution to water resources management.

The efforts of the Association in this connection are almost half a century old, and can be traced to the seventies of last century. During all these years the Association’s role in the debate has been immense and substantive, its voice loud and audible, and its publications, recommendations and actions have contributed considerably to the successes that have since been achieved in the water sector. Indeed, one can safely contend that the Congresses, debate, and actions of the Association had preceded in earnest, and influenced, all the other global efforts in this field.

The idea of establishing a water institution encompassing all the disciplines working on water resources, and open to all the experts around the world, was debated in the sixties of the last century during the meetings of the American Water Resources Association. However, it was in May 1970 that the first steps were taken for putting this idea into effect. Eighteen months later the preparatory work was completed, and the International Water Resources Association was officially formed and registered, and was legally incorporated in the State of Wisconsin in the USA on 29 November 1971.

On April 1, 1972, Mr. Ven Te Chow, Professor of Hydraulic Engineering at the University of Illinois, was elected as the first President of the Association. The business office was opened in that month in Falls Church, Virginia, with 195 members, representing the major disciplines working on water resources, from more than 40 countries. Thus, the Association was born, hitting the ground running.

The first Association’s World Water Congress was held a year and half later, on September 24 – 28, 1973, in Chicago, Illinois. Indeed, the event marked the birth of the Association, with an impressive attendance of more than 200 experts, representing the major disciplines concerned with water resources, from 62 countries. The theme of the Congress was “Importance and Problems of Water in the Human Environment in Modern Times.” That Congress can accurately be called the first world water forum, and the official launching of our Association as a multi-disciplinary global water institution. The conclusions and resolutions of the first Congress included two important aspects, namely:

One: The need to develop a significant new international and interdisciplinary approach on water resources.

Two: Many common problems exist among nations and water users which can best be solved though a cooperative and coordinated approach.

Thus, the Association was, in 1973, clearly ahead of its time and other institutions. Aren’t these issues still the focus of our discussion, even this weeks in Cancun? Aren’t we still debating multi-disciplinary approaches, integrated water resources management, and the need for cooperation at both the national and international levels for addressing the challenges of management, sharing and protection of water resources?

The year 1975 witnessed two major and significant developments. In July 1975, the first issue of our flag journal – Water International – was published as the first periodical devoted exclusively to water resources management, with articles addressing the multi-disciplinary approach, by experts in all fields of water resources.

Dr. Salman M.A. Salman and Dr. Cecilia Tortajada accepting the Crystal Drop Award, presented by IWRA President Patrick Levarde (far left), Past President Ben Braga, and Awards Chairman James Nickum (far right)

Dr. Salman M.A. Salman and Dr. Cecilia Tortajada accepting the Crystal Drop Award, presented by IWRA President Patrick Levarde (far left), Past President Ben Braga, and Awards Chairman James Nickum (far right)

The second development was the holding of the Association second Congress in New Delhi, India, in December 1975. The Congress was organized under the theme “Water and Human Needs.” It was attended by more than 1,200 participants from 45 countries, who presented and discussed more than 260 rich multi-disciplinary papers.

The second Congress was hosted by, and co-organized with the Association by the Central Board for Irrigation and Power in New Delhi. This approach set in motion the precedent of hosting of the Congress by the national water institutions, with the assistance and guidance of the Association – a practice we have seen even this week in Mexico, with the organization of ANEAS in Cancun of the 16th Congress. It is worth mentioning that Mexico also hosted the third Congress that was organized thirty-eight years ago, in April 1979 in Mexico City. The theme of that Congress was “Water for Human Survival.” About 1,500 participants from 80 countries attended and presented more than 500 papers. These are impressive numbers, interestingly, almost similar to the numbers we are having this week in Cancun.

The multi-disciplinary nature of the Association was proven to the letter when the members of the Association elected Guillermo Cano as the second president in 1979 for the period 1980 to 1982. The more than one hundred legal colleagues who are here this week for the 16th Congress will be pleasantly surprised to learn that the second president of the Association, almost forty years ago, was a lawyer, and not an engineer or a hydrologist. The Association confirmed beyond doubt its multi-disciplinary character.

The role and influence of the Association on other concurrent and parallel events in the water sector have also been quite prominent from the early days. Soon after the United Nations Environment Programme (UNEP) was established in 1972, an invitation was extended to some members of the Association to help with UNEP water program. Dr. Chow and Dr. Biswas assisted UNEP in that task, and were able to include much of the Association’s philosophy in UNEP water policies and program.

In fact, it was the influence and push of the Association that led the United Nations to hold the first ever conference exclusively devoted to water resources – the Mar del Plata Conference in Argentina in 1977. The secretariat of the Mar del Plata Conference included a number of Association’s members, and the Association contributed considerably to the stounding success of that conference, and its resolutions and action plans.

It was also the Association’s eighth Congress in Cairo in 1994 that paved the way for the establishment of the World Water Council, and later the Global Water Partnership. Henceforth, the mobilization of action on critical water issues at all levels would be undertaken by the World Water Council; the coordination aspects by the Global Water Partnership; leaving the Association to concentrate, as a think tank, on the intellectual aspects of water resources management. The World Water Forums organized by the World Water Council every three years would complement, rather than compete with the Association’s triannual Congress. Some past presidents of the Association would assume the presidency of the World Water Council, and vice versa, and this has helped in transplanting of their unique experience, and in the coordination of the respective activities.

I can continue for the rest of this afternoon talking about the tremendous influence and contribution of our Association. However, I need to stop here, and conclude with the reminder that despite the successes we have achieved, existing challenges to water resources are multiplying and mounting, and new ones are surfacing every day. We need to remain relevant and effective. However, we can only do so by redoubling our efforts, and by continuing to be innovative, proactive, adaptive, and responsive.

Thank You Very Much.

 

Remembrance of Ambassador Chusei Yamada

Monday, March 25th, 2013

It is always sad when a colleague passes on. Somehow, it is even more sorrowful when that person was a friend to and respected by so many. On 21 March 2013, Ambassador Chusei Yamada passed away in his native Japan; and the global water community lost a great friend.

Ambassador Chusei Yamada

During his long and distinguished career, Ambassador Yamada served in various diplomatic posts, including as Japan’s Ambassador to Egypt (1989-92), India (1993-95), and Bhutan (1993-95).  He also served as an arbitrator and conciliator under the UN Convention on the Law of the Sea, and most recently, as Special Assistant to the Minister for Foreign Affairs of Japan.  While all eminent and critical roles, his work toward bridging the water divide between riparian aquifer nations may be his most significant legacy.

I met Ambassador Yamada in 2003 when I was first invited to participate on a UNESCO-organized advisory group to the UN International Commission (UNILC).  Ambassador Yamada had been selected as the UNILC’s Special Rapporteur on the topic of Shared Natural Resources and had undertaken a process to draft principles of law that would apply to transboundary aquifers.

Ambassador Chusei YamadaI had always thought it rather astute of the Commission to select someone for this role from a country that, as an island-nation, had no contiguous neighbors with whom to share transboundary fresh water aquifers. As I got to know the Ambassador, though, I realized that his selection as Special Rapporteur was even more portentous in that from the start, Ambassador Yamada poured his heart and soul into this singular challenge.

Ambassador Yamada had no formal background in ground water resources let alone training in a hard science.  He was a lawyer and a diplomat, and above all a gentleman (see Ambassador Yamada’s brief bio).  Yet, in the six years that our advisory group supported his efforts, the Ambassador became so well versed in hydrogeology and related water issues that the International Association of Hydrogeologists recognized him “for outstanding contribution to the understanding, development, management and protection of groundwater resources internationally” and awarded him their Distinguished Associate Award for 2008 (see IAH newsletter, Issue D30, December 2008, pp. 3-4).

Yamada and IAH Award

“Ambassador Chusei Yamada receiving the IAH Distinguished Associate Award 2008 at a ceremony in Geneva in July 2008. Willi Struckmeier (then Secretary General and now IAH President) hands over a special issue World Hydrogeological Map showing transboundary aquifers while Shammy Puri, Chairman of the IAH Transboundary Aquifer Resources Management Commission and now IAH Secretary General, looks on.” From: IAH newsletter, Issue D30, December 2008, pp. 3-4.

Ambassador Yamada’s contribution to the global water community cannot be overstated.  He made every effort to ensure that the principles that the UNILC drafted for the management of transboundary aquifers would be based on sound science as well as be socially and politically feasible.  As he gained new knowledge and information, he sought to pass on that education to his colleagues in the UN; as his recommendations faced challenges based on misunderstandings and cross-border mistrust, he used his diplomatic acumen to achieve compromises.

It is true that some of the nineteen draft articles that the UNILC finally transmitted to the UN General Assembly in late 2008 may not be ideal.  Nevertheless, they represent the most significant and comprehensive effort to date to address transboundary aquifers and to develop a durable legal framework for the sustainable and peaceful management of shared ground water resources.  Based on that framework, nations around the world are now beginning to reach across their frontiers to coordinate and collaborate with their neighbors over their shared aquifers (see e.g., Agreement on the Guarani Aquifer [Spanish] [Portuguese]).  Truly, we all owe Ambassador Chusei Yamada our gratitude for laying out such a propitious roadmap.

In Memoriam of Professor Julio A. Barberis

Tuesday, July 26th, 2011

Professor Julio A. BarberisA few months ago, one of the pillars of international water law – Professor Julio A. Barberis of Argentina – passed away. María Querol, an international law consultant and colleague of Professor Barberis, offered the following memorial.

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On March 7th of this year, the international legal community lost one of its greatest contributors. Julio Barberis was singular for his deep knowledge of international legal theory. This knowledge, together with his extensive professional expertise enabled him to address any topic of International Law with ease. International water law was no exception.

Professor Barberis has indeed made a significant contribution to the development of international water law and to the protection of international natural resources. Whether it was at the academic or the professional level, in every capacity he acted, he left an indelible mark.

Both Africa and Latin America witnessed his legacy to the international cooperation among states sharing international watercourses. Professor Barberis took part in the drafting of the 1973 Treaty of the Rio de la Plata and its Maritime Boundary, the Legal Statute of the River Uruguay, and the Treaty of Yaciretá. Furthermore, he had a key role in the conclusion of the treaty between Argentina, Brazil and Paraguay regarding their shared part of the Parana River, also known as the Tripartite Agreement. In addition, as legal adviser for UN Food and Agriculture Organization, Professor Barberis actively collaborated to the development of the Gambia River Basin. In every case, he took into special consideration the different uses made by states of the rivers in question, which enriched the further specification of the concept of equitable utilization of transboundary water resources.

Those who were privileged to attend the 1972 UN Conference on Human Environment in Stockholm and the 1977 UN Water Conference held in Mar del Plata would attest to his unforgettable participation as an Argentine representative.

As the Permanent Representative to the Joint Commission of the Parana River, he adopted an interdisciplinary approach to international water law. This is certainly a trait that is present in all of his work. Professor Barberis was convinced that in order to identify the legal norms applicable to water resources, it is crucial to first understand the technical and scientific aspects of their hydrological specificity. He believed that the legal order cannot disregard reality. For this reason, he always worked in close collaboration with engineers and geologists.

Professor Barberis published profusely on different topics of international law in Spanish, English, French, and German. His constant curiosity urged him never to stop researching. His book Shared Natural Resources and International Law, which he published in Spanish as early as 1979, advanced a legal notion of natural resources in general and of international watercourses in particular, that took into special account their specificity as provided by nature. The same proposition is found in his definition of international aquifers introduced in his study, International Groundwater Resources Law, published in 1986 as part of FAO Legislative Series.

His work in many international tribunals is also noteworthy. His activity as judge of the Inter-American Court of Human Rights, of the International Administrative Tribunal of the International Labour Organization, as a member of the Permanent Court of Arbitration or as arbitrator of the Yaciretá and Salto Grande international arbitral tribunals is characterized above all by his acute legal argumentation and moral integrity. In this regard, his separate opinion on the arbitration concerning the Maritime Delimitation between Guinea Bissau and Senegal reveals his coherency and highly developed logical reasoning.

From an academic standpoint, Professor Barberis was co-director with Professor Robert Hayton of the 1990 session of the Research Centre of the Hague Academy of International Law on the “Rights and Duties of Riparian States in International Rivers.” He taught international law at the University of Buenos Aires, the Catholic University of Argentina, and Austral University, and later was named Emeritus Professor at Austral University. As a teacher, he patiently tried to foster the understanding of legal norms in general and those regulating the management and environmental protection of shared natural resources in particular. In so doing, he sought to provide examples from everyday life to explain legal concepts. Professor Barberis’ passion for international law was contagious. So much so, that it was gratifying to see his students’ transformation during the academic year: from utter indifference to eager passion for this field. Above all, Professor Barberis was always willing to listen to reasoned arguments and new ideas regardless of the speaker.

Apart from his more than forty years of exemplary accomplishments in the field of international water law, what characterized Professor Barberis most was his humanity. His untiring perseverance, his generous heart and his enormous humility gained him the respect and admiration of all those who had the chance to know him. It is above all, for these qualities – virtues seldom found in individuals of similar greatness – that he is all the more missed.