The School of Water Governance

Water Law and Diplomacy

This course provides a comprehensive exploration of the legal and diplomatic dimensions of water governance, focusing on the intersections of rights, policies, and conflict resolution. It offers a deep understanding of the frameworks and strategies that address challenges in managing water resources across diverse cultural and political contexts.

The journey begins with “Water Rights Struggles, Legal Pluralism, and Cultural Politics,” examining how water rights are contested and negotiated within varying legal and societal frameworks. In “Multi-level Water Law and Policy,” participants learn how local, national, and international laws and policies interact and influence water management.

“Analysis to Transform Water Conflicts / Hydro-Hegemony” delves into approaches for analyzing and addressing power imbalances and disputes over water resources, fostering pathways toward equitable solutions. The course concludes with “The Spirit of Dialogue: Lessons from Faith Traditions in Transforming Water Conflicts,” which offers unique perspectives on conflict resolution, drawing on insights from spiritual and cultural practices.

This course equips learners with the knowledge and tools to navigate the complex legal and diplomatic challenges surrounding water, preparing them to contribute to sustainable and cooperative water governance.

Course Provider

The detailed information about each instructor involved in this course is provided in each lesson.

NEWAVE e-Lecture Series

This course is part of the NEWAVE e-Lecture Series on Water Governance Theoretical Perspectives. This online training module is designed to engage the NEWAVE Early-Stage Researchers (ESRs) and the wider public in interactive, thought-provoking discussions on various water governance theoretical perspectives. Learn more about the e-lecture series here (Link).

Course Content

Around the world, rather than understanding locally prevailing, hybrid systems of water rights, identities and governance forms, objectivist water science-policy-intervention schemes tend to enhance universalist, civilizing water expert notions. ‘Living’ water rules, rights and organizational forms are commonly dismissed or strategically aligned with dominant water culture. Modernist paternalistic or market-based policies to ‘recognize’ local water cultures harbour subtle politics of codification, confinement and disciplining.

Thereby, overlapping ‘governmentalities’ seek to produce ‘hydrosocial order’ – connecting local water practices and worldviews to supralocal schemes of belonging. This lecture discusses how efforts to reorganize hydrosocial territories and order ‘unruly’ water cultures engender policy models that depoliticize their deeply political choices. How they trigger cultural misrecognition, distributive injustice, political exclusion and often unsustainability. But this is not a one-way, dichotomist or deterministic affair. Hydro-territorial politics find expression in encounters of diverse actors with divergent spatial and political-geographical interests. Their territory-building projections and strategies compete, superimpose and align to strengthen specific water-control claims. Thereby, actors continuously recompose the territory’s hydraulic grid, cultural reference frames, and political-economic relationships, generating ‘territorial pluralism’. We discuss how efforts to establish, demystify or transform frames of water order are at the heart of water struggles. Thereby, hydrosocial territorialization is mediated by complex counter-forces and alternative water truths.

Instructor: Prof. Rutgerd Boelens

Rutgerd Boelens is Professor of ‘Water Governance and Social Justice’ at Wageningen University, The Netherlands, and Professor ‘Political Ecology of Water in Latin America’ with CEDLA, University of Amsterdam. He also is Visiting Professor at the Catholic University of Peru and the Central University of Ecuador. Coordination: the Water Law and Indigenous Rights alliance WALIR, the Justicia Hídrica/Water Justice alliance (www.justiciahidrica.org), and currently, the international action-research alliances “Riverhood” and “River Commons” (www.movingrivers.org). His research focuses on political ecology, water rights, legal pluralism, water cultures and cultural politics, governmentality, hydrosocial territories, river defense, and social mobilization, mainly in Latin America and Europe.

Recommended readings: Water rights struggles, legal pluralism and cultural politics

References:

  • Boelens, R., A. Escobar, K. Bakker, L. Hommes, E. Swyngedouw, et al. (2023). Riverhood: political ecologies of socionature commoning and translocal struggles for water justice, Journal of Peasant Studies, 50:3, 1125-1156, DOI: 10.1080/03066150.2022.2120810
  • Valladares, C., & Boelens, R. (2019). Mining for Mother Earth. Governmentalities, sacred waters and nature’s rights in Ecuador. Geoforum, 100, 68-79.
  • Boelens, R., Hoogesteger, J., Swyngedouw, E., Vos, J., & Wester, P. (2016). Hydrosocial territories: a political ecology perspective. Water International, 41(1), 1-14.
  • Ross, A. & H. Chang .(2020). Socio-hydrology with hydrosocial theory: two sides of the same coin?, Hydrological Sciences Journal, 65:9, 1443-1457.
  • Boelens, R., Hommes, L. & Hoogesteger, J. (2024). Ontological politics in river defence debates: Unpacking fields of contention in eco-centric and non-human turns. Water Alternatives 17(3): 649-668. www.water-alternatives.org
  • Dupuits, E. (2019). Water community networks and the appropriation of neoliberal practices: social technology, depoliticization, and resistance. Ecology and Society 24(2):20.

This lecture will examine (a) the multi-level drivers of water problems and impacts of water problems; (b) briefly cover the evolution of water law as a means to address water related problems through history; (c) present the transboundary agreements on water; (d) key national to local legal issues; and (e) end with discussing the challenges in future proofing water law.

Instructor: Prof. Joyeeta Gupta

Joyeeta Gupta is Distinguished Professor of Climate Justice, Sustainability and Global Justice (University of Amsterdam), and is also Professor of Environment and Development in the Global South and holds a water professorship at IHE-Delft Institute for Water Education. She is the co-chair (2024-2025) of the UN Secretary General Appointed Group of Ten High-level Representatives of Civil Society, Private Sector and Scientific Community to Promote Science, Technology and Innovation for the SDGs (10-Member-Group) – a component of the UN Technology Facilitation Mechanism. She is a Commissioner in the Global Commission on the Economics of Water and was Co-chair of the first phase of the Earth Commission (2019-2024), convened by Future Earth and the Global Commons Alliance during which time 22 publications were achieved with a top publication in Nature and in Lancet Planetary Health. She was awarded the 2023 Spinoza Prize – the highest distinction in Dutch science and also called the ‘Dutch Nobel Prize’ and was lead author of the Nobel Peace Prize winning report on climate change of the Intergovernmental Panel on Climate Change (IPCC).

Recommended readings: Multi-level water law and policy

References:

  • GEO-6 (2019). Chapter 9. UNEP.
  • Gupta, J. (2016).The Watercourses Convention, hydro-hegemony and transboundary water issues, The International Spectator, 51(3): 118-131.
  • Bosch, H.J. and Gupta, J. (2020). Access to and ownership of water in Anglophone Africa and a case study in South Africa. Water Alternatives 13(2): 205-224.
  • Gupta, J. and S. Schmeier (2020). Future proofing the principle of no significant harm in water and environmental law, International Environmental Agreements: Politics, Law and Economics, 20(4).

The talk will propose Transformative analysis’ as a way for diplomacy to (better) understand international water conflicts. With transboundary water arrangements as the object of study, and a focus on the structures of the political economy which defined the arrangements, starting points include the importance of considering all forms of water, the role of power asymmetry, the co-existence of conflict and cooperation – and the pathways that conflicts have and can transform along. Examples will be taken from the Nile, Jordan, and Tigris and Euphrates basins.

Instructor: Prof. Mark Zeitoun

Mark Zeitoun is a Professor of Water Security and Policy, at the University of East Anglia, School of International Development. Mark’s research on environmental policy and politics follows three themes: a) transboundary water conflict and cooperation, at international, sub-national and trans-national levels; b) water policy and social justice issues; and c) urban water supply and treatment during and immediately following armed conflict. The topics are interpreted with theory from numerous disciplines, including political economy, political ecology, justice, law, politics, and hydrology. He has a particular interest in the role that power asymmetry plays, and a geographic focus on the Middle East and Africa. The interests have been cultivated by his role as co-lead in the London Water Research Group and the UEA Water Security Research Centre, both of which take a critical perspective at international transboundary environmental cooperation and conflict, and ‘hydro-hegemony’. The activities follow a professional career in water policy, management, and negotiations. Mark has worked as a humanitarian-aid water engineer in conflict and post-conflict zones, including in Chad, Congo-Brazzaville, Lebanon, Iraq, and the West Bank and Gaza. He consults regularly on water negotiations, policy, and governance for a variety of organisations. He is the author of Power and Water in the Middle East: The Hidden Politics of the Palestinian-Israeli Water Conflict (IB Tauris 2008), and contributes regularly to debates through public lectures and media pieces.

Recommended readings: Analysis to transform water conflicts / hydro-hegemony

References:

  • Zeitoun, M. and N. Mirumachi .(2008). Transboundary water interaction I: Reconsidering conflict and cooperation. International Environmental Agreements 8(4): 297 – 316.
  • Zeitoun, M., N. Mirumachi, J. Warner, M. Kirkegaard and A. Cascão. (2020). Analysis for water conflict transformation. Water International 45(4): 365 – 384.
  • Zeitoun, M. and Warner, J . (2006). Hydro-Hegemony: A Framework for Analysis of Transboundary Water Conflicts. Water Policy 8(2006): 435-460.

In the global North, we are generally trained to base our approach to managing conflicts on rationality: “People will agree when it’s in their interest to agree.” Tools typically focus on what is measurable and quantifiable. We “separate the people from the problem” and “insist on objective criteria.” If only we could see the tangible benefits of cooperating, we are taught, we simply would. As a facilitator and scholar working through and studying conflicts around the world for over 20 years, Wolf has come to appreciate both the limitations of the rational models on which we in the West base our understandings of conflict and cooperation, and the wisdom, constructs, and practical tools of the world’s faith traditions and indigenous communities in working toward deep and healthy interactions around contentious issues.

This presentation begins by documenting the geography of what has been referred to as the “Enlightenment Rift” – the process by which the global North separated out the worlds of rationality from spirituality at a very specific place and time – and the impact of this rift on ideas related to conflict transformation. We then explore constructs, tools, and techniques from faith traditions worldwide to help transform conflict at all scales. True listening, as practiced by Buddhist monks, as opposed to the “active listening” advocated by many mediators, can be the key to calming a colleague’s anger, for example. Alignment with an energy beyond oneself, what Christians would call grace, can change self-righteousness into community concern. Elevating a discussion from one about interests to one about common values, even across cultures, can be the starting point for real dialogue. These and other practical lessons from his book of this title will be presented.

Instructor: Prof. Aaron Wolf

Aaron T. Wolf, Ph.D. is a professor of geography in the College of Earth, Ocean, and Atmospheric Sciences at Oregon State University, USA, whose research and teaching focus is on the interaction between water science and water policy, particularly as related to conflict prevention and transformation. A trained mediator/ facilitator, he directs the Program in Water Conflict Management and Transformation, through which he has offered workshops, facilitations, and mediation in basins throughout the world. He is the author, most recently, of The Spirit of Dialogue: Lessons from Faith Traditions in Transforming Conflict.

Recommended readings: The spirit of dialogue: Lessons from faith traditions in transforming water conflicts

References:

  • Wolf, Aaron. (2018). International Waters: Conflict, Cooperation, and Transformation. In: Dominick A.DellaSala, and Michael I. Goldstein (eds.) The Encyclopedia of the Anthropocene, vol. 4, 291-299. Oxford: Elsevier.
  • M.J. Patrick, H. Komakech, N. Mirumachi, H. Moosa, A. Prakash, L. Salame, Z. Shubber, P. van der Zaag, A.T. Wolf. (2014). Building Bridges between the Sciences and the Arts of Water Co-operation through Collective Action – Reflections,Aquatic Procedia, vol. 2, 48-54.
  • Wolf, Aaron. (2012). Spiritual understandings of conflict and transformation and their contribution to water dialogue. Water Policy.
  • Wolf, Aaron. (2017). The Spirit of Dialogue: Lessons from Faith Traditions in Transforming Conflict. Island Press, USA.