Includes bibliographical references / This dissertation seeks to explore the core drivers of international cooperation over shared water courses particularly in Southern African, using the example of the Okavango River Basin as a case study. As a starting point it highlights the hydro-political context of Southern African, which is dominated by more than 21 shared water courses and faces significant challenges to its water sector namely through climate variability and population growth. In light of these pressing issues which could create a security complex for sovereign riparian states, international cooperation over trans-boundary water sources is imperative. Drawing on core theories of international relations, this dissertation suggests that cooperation between riparian states is a result of strong institutional frameworks, at a river-basin, regional and international level. Cooperation is further reinforced through development functionalism which plays an important role in facilitating cooperation through the advancement of regional development goals and initiatives. Finally, the dissertation explores the role of international norms of cooperation over trans-boundary water courses and the important role they play in fostering cooperation. Using the case of the Okavango River Basin, the dissertation suggests that in Southern Africa, the strongest driver of cooperation is strong legal and institutional frameworks, which once established, form the basis for sustainable cooperation for water diplomacy between riparian states. Cooperation over the Okavango River Basin and the twenty years of cooperation established between Angola, Namibia and Botswana through the Permanent Cubango-Okavango River Basin Commission (OKACOM) highlights an optimistic account for hydro-political cooperation over trans-boundary water systems between sovereign riparian states and provides a useful model for water basin agreements that are yet to be established. This thesis thus concludes that in light of the growing challenges facing the water sector in Southern Africa, strong institutions and legal frameworks are required to enhance cooperation among riparian states.

The persistence of water conflicts in many arid regions is not simply a matter of water shortages, but rather the lack of equitable agreements that govern the allocation of disputed water resources to mitigate the adverse impacts of hostility and resentment. As such, equity is at the heart of many trans-boundary water disputes. Mindful of the dynamics and implications of inequitable water allocation on inter-state relationships and overall regional stability, this research aims at eliciting and developing theoretical criteria for equitable distribution of water (process equity) responsible for creating equitable outcomes and perception. This research makes the distinction between “process equity” and “outcome equity” and their impact on attaining and sustaining water security, peace, and hydro-stability. These parameters of equitable processes will be developed through a review of current literature addressing the issues of water equity in arid regions, coupled with case study analyses and cross-case comparisons and semi-structured interviews of key water negotiators. These key cases will be selected through a systematic screening methodology that analyzes nine pertinent cases. Collectively, employing these methods will yield in-depth analysis and findings applicable to other international water dispute cases in the context of arid regions. Proposing an alternative strategy that views water as a catalyst for peace and cooperation rather than conflict and altercation, this research further advocates for the development and adoption of an interdisciplinary, transformative approach to conflict resolution to advance water disputes to plausible and implementable agreements. Aiming to inform the theory and practice of hydro-diplomacy along disputed water resources, this approach encapsulates three key components, including rules of engagement, mechanisms of engagement, and neutral third-party mediation. Water satiety is identified as a major characteristic of equitable water allocation agreements that ensure the level of satisfaction of all involved stakeholders and the extent to which acceptable agreements, durable implementation, and sustainable relationships among co-riparians are attained and maintained. / text

Student Number : 0107471X - MSc research report - School of Civil and Environmental Engineering - Faculty of Engineering and the Built Environment / Water plays a global role in an enormous variety of ways. More importantely it also plays a fundamental role on a regional and local scales where it has a profound effect on the environment and socio economic development. It is a prerequisite for many of the mans activities and as such it must be managed and protected accordingly. In this water quality plays a fundamental role and water quality monitoring is a foundation stone of any serious efforts to manage water resources on any scale. The research conducted focused on water quality monitoring in the SADC region. It looked at the current practice and the gaps present with respect to the real needs and international best practice. SADC region is characterized by trans-boundary water systems where pollution of water resources is often not understood properly nor has been seriously studied. A regional Water Quality Monitoring Program is advocated to address these issues and is seen as one of the prerequisites for effective water resources management in the SADC region. Existing Water Quality Monitoring in individual countries of the SADC region has been studied on the basis of existing (limited) information and gaps with respect to international best practice have been identified. Recommendations have been made regarding the establishment of the SADC Water Quality Monitoring program. A set of principles on which this should be based have been formulated. It has been concluded that SADC countries do not have an appropriate water quality monitoring in place and that what does exist is not in line with the best practice recommendations. It is suggested that without an appropriate regional water quality monitoring program water quality could become one of the limiting factors of the future economic development in the region.

The objectives of the study are to: (1) Critically analyse the 1959 Nile River agreements from a human rights perspective (2) examine the applicability of international human rights law in water distribution and use and (3) investigating how human rights norms and principles can be used, if at all, as a means of solving water conflicts over the use of trans-boundary rivers. The study adopts a human rights approach in its consideration of the problem of conflicts that may arise in connection with the use of trans-boundary rivers. It is particularly significant as it seeks to explore the solution from the human rights of the people in the riparian countries. It is believed that the study will contribute to the development of basin-wide cooperation among riparians by being employed in negotiations and planning of projects. / Thesis (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2008. / Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr Raymond A. Atuguba of the Faculty of Law, University of Ghana Legon, Accra, Ghana / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

This paper investigates the sustainability, trans-boundary protection of resources and mining with particular emphasis on the Coal of Africa case example. It explores the issues pertaining to the sustainability and trans-boundary protection of resources that were taken into account as part of the decision- making process with regard to mining by Coal of Africa in the Greater Mapungubwe area in South Africa. At the centre of the dispute was the mining of coal by Coal of Africa without obtaining a water use licence and other related legal authorisations. This was in violation of sector specific legislation such as the National Environmental Management Act 107 of 1998 and the National Environmental Management Biodiversity Act 10 of 2004, to name just a few. The importance of the Mapungubwe area is that it has a world heritage site and the mining is taking place adjacent to the world heritage site. Therefore, the mining activities by Coal of Africa should be conducted in a sustainable manner and should take into cognisance the four pillars of sustainability, namely, the environment, economic, social and cultural aspects. Furthermore, the mining activities must also take into account principles of sustainable development. The role of the government in regulating mining activities in areas such as Mapungubwe to ensure trans-boundary protection of resources including mineral resources for the current benefit of the communities and future use. In addition, regional instruments such as the African Charter on Human and Peoples' Rights, the Convention on the Conservation of Nature and Natural Resources, the Cultural Charter for Africa, SADC Treaty, SADC Protocol on Mining, provide for sustainable development. Also, the Revised SADC Protocol on Shared Watercourses places an obligation to parties to a shared watercourse to consult before embarking on any activity that may have detrimental environmental consequences. This paper established that to a certain degree economic issues were considered, as mining has the benefits of job creation. However, the failure by Coal of Africa to obtain the water use licence in the beginning could have been avoided. It is recommended that for such future activities an Intergovernmental Mining and Sustainability Forum be established to deal with such issues. In order for such a Forum to effectively function, there is need to amend 2013 MPRDA Amendment Bill. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2014

This paper investigates the sustainability, trans-boundary protection of resources and mining with particular emphasis on the Coal of Africa case example. It explores the issues pertaining to the sustainability and trans-boundary protection of resources that were taken into account as part of the decision- making process with regard to mining by Coal of Africa in the Greater Mapungubwe area in South Africa. At the centre of the dispute was the mining of coal by Coal of Africa without obtaining a water use licence and other related legal authorisations. This was in violation of sector specific legislation such as the National Environmental Management Act 107 of 1998 and the National Environmental Management Biodiversity Act 10 of 2004, to name just a few. The importance of the Mapungubwe area is that it has a world heritage site and the mining is taking place adjacent to the world heritage site. Therefore, the mining activities by Coal of Africa should be conducted in a sustainable manner and should take into cognisance the four pillars of sustainability, namely, the environment, economic, social and cultural aspects. Furthermore, the mining activities must also take into account principles of sustainable development. The role of the government in regulating mining activities in areas such as Mapungubwe to ensure trans-boundary protection of resources including mineral resources for the current benefit of the communities and future use. In addition, regional instruments such as the African Charter on Human and Peoples' Rights, the Convention on the Conservation of Nature and Natural Resources, the Cultural Charter for Africa, SADC Treaty, SADC Protocol on Mining, provide for sustainable development. Also, the Revised SADC Protocol on Shared Watercourses places an obligation to parties to a shared watercourse to consult before embarking on any activity that may have detrimental environmental consequences. This paper established that to a certain degree economic issues were considered, as mining has the benefits of job creation. However, the failure by Coal of Africa to obtain the water use licence in the beginning could have been avoided. It is recommended that for such future activities an Intergovernmental Mining and Sustainability Forum be established to deal with such issues. In order for such a Forum to effectively function, there is need to amend 2013 MPRDA Amendment Bill. / LLM (Environmental Law and Governance), North-West University, Potchefstroom Campus, 2014

In river basins that cross jurisdictional boundaries, water quality degradation has become a crucial problem and results in intensive competition among water users, especially in developing countries. Under this situation, implementing water quality management and control across jurisdictional boundaries can strengthen watershed pollution controls, and prevent pollution from being passed on and promote active pollution control within the related jurisdictional regions. This study examined the limitations of the current trans-boundary water quality management system in China and reviewed the planning and implementation of two pilot integrated trans-boundary water management systems established in the Jiangsu and Zhejiang provinces. Based on our findings, we proposed a new policy framework for trans-boundary water quality management. As a first step toward integrated watershed management in China, this policy framework can help assess the actual water pollution status of various regions and serve as a basis for an integrated watershed management system. The framework can be easily applied in other countries with trans-boundary water pollution issues, particularly in the context of developing countries.

<p>The aim of this case study is to analyse cooperation mainly in issues related to water management in the area along the Miño river. The study focuses on the Spanish municipalities that limit with the river and that are in the border area with Portugal. There was a key issue which was discovered during the reading and analysis of data, a change of no cooperation to cooperation on the Spanish-Portuguese border. There was previously a political culture of no cooperation among the autonomous regions in Spain, which could have affected cooperation with the region of north Portugal. The fact the both countries have different administrative cultures could also impede cooperation. Nevertheless cooperation seems to have developed and in order to study this phenomenon the researcher uses a qualitative method and relies on a choice of institutional theories. This research studies how institutions affect cooperation in this particular case. The theories will analyse the impact of political institutions and the relation between institutions and individuals. They also help to identify how human behaviour affects processes and events.</p>

The aim of this case study is to analyse cooperation mainly in issues related to water management in the area along the Miño river. The study focuses on the Spanish municipalities that limit with the river and that are in the border area with Portugal. There was a key issue which was discovered during the reading and analysis of data, a change of no cooperation to cooperation on the Spanish-Portuguese border. There was previously a political culture of no cooperation among the autonomous regions in Spain, which could have affected cooperation with the region of north Portugal. The fact the both countries have different administrative cultures could also impede cooperation. Nevertheless cooperation seems to have developed and in order to study this phenomenon the researcher uses a qualitative method and relies on a choice of institutional theories. This research studies how institutions affect cooperation in this particular case. The theories will analyse the impact of political institutions and the relation between institutions and individuals. They also help to identify how human behaviour affects processes and events.

Magister Legum - LLM (Mercantile and Labour Law) / Traditional Knowledge (TK) has previously been considered a 'subject' in the public domain, unworthy of legal protection. However, the last few decades have witnessed increased discussions on the need to protect the knowledge of indigenous peoples for their economic sustenance, the conservation of biodiversity and modern scientific innovation. Questions remain as to how TK can best be protected through existing, adapted or sui generis legal frameworks. Based on an examination of the formal knowledge-protection mechanisms (i.e. the existing intellectual property system), this mini-thesis contends that these existing systems are inadequate for protecting TK. As a matter of fact, they serve as veritable platforms for incidences of biopiracy. It further argues that the many international initiatives designed to protect TK have so far failed owing to inherent shortcomings embedded in them. Furthermore, a comparative assessment of several national initiatives (in New Zealand, South Africa and Kenya) supports an understanding that several domestic efforts to protect TK have been rendered ineffective due to the insurmountable challenge of dealing with the international violations of local TK rights. It is therefore important that on-going international negotiations for the protection of TK, including the negotiations within the World Intellectual Property Organisation's Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC), do not adopt similar approaches to those employed in previous initiatives if TK must be efficiently and effectively protected. This mini-thesis concludes that indigenous peoples possess peculiar protection mechanisms for their TK within the ambit of their customary legal systems and that these indigenous mechanisms are the required anchors for effective global protections.