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[Passed] Transboundary Water Use Act

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Goddess Relief Office
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[Passed] Transboundary Water Use Act

Postby Goddess Relief Office » Sun May 13, 2012 5:58 am

Background

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Please allow me to give some background to the resolution.

About two and half years ago, I came across a news article about water use -- specifically how India and Bangladesh were fighting over the right to use of water from the Ganges River which passes through both countries. In a case like this, the country controlling up stream could dam a river for its own use, or pollute the river to the dismay of country or countries further down river. Over the next few months I saw another article about the fight over Mekong River, which passes through China, Laos, Cambodia, Thailand, and Vietnam. Here is a link to the story (link click here).

This gave me the idea to write the resolution, which I subsequently posted in my regional forum. A few people were invited to comment on it, and they did so privately. Alas, because of real life, after taking their comments into consideration (which are reflected in this current version 4), I did not have time to look at it again.

Fast forward to now, one and half years after initially writing it, and two and half years after having the idea to write about it... here is the Submitted Version


Transboundary Water Use Act
A resolution to increase the quality of the world's environment, at the expense of industry.

Category: Environmental | Industry Affected: All Businesses | Proposed by: Goddess Relief Office


The World Assembly,

NOTING that certain surface water and groundwater resources, such as rivers and lakes, water basins, and aquifers are transboundary among nations.

CONCERNED that abuses committed by one nation on transboundary water resources could detrimentally affect the environment, economy, and well-being of neighboring nations.

AWARE that abuses may include, but are not limited to: Damming or diversion of rivers for irrigation or hydro-electric power generation, overtapping of aquifers, and discharge of urban wastes, industrial byproducts, and storm waters into rivers and lakes.

HEREBY,

1) DEFINES, for the purpose of this Act, “transboundary water resources” as water resources which are situated in part in different nations.

2) FORMS the Joint Water Resources Management Panel (JWRMP) to establish sustainable water use policies, cooperation protocols, and other regulations necessary to protect transboundary water resources,

3) ADOPTS the following articles to ensure that transboundary surface and groundwater resources are managed in-common and used sustainably.

Member nations shall:
  1. Conserve, improve, and use transboundary water resources responsibly;
  2. Mitigate any downstream hazards caused by upriver human activity;
  3. Agree not to overtap, divert or dam transboundary water resources if the action causes significant harm to neighbouring nations;
  4. Adopt measures to eliminate pollution from agriculture or industrial activities entering transboundary rivers and groundwater basins;
  5. Ensure future development carried out on or near transboundary water resources will not cause lasting, adverse change to them; and
  6. Allow neighbouring member nations to monitor the progress made in mutually agreed joint-implementation programs.

4) DIRECTS member nations to resolve disputes on transboundary water issues bilaterally or multilaterally, failing which, allows member nations to refer the dispute to JWRMP for arbitration with the consent of all parties involved.

5) CLARIFIES that member nations may:
  1. Trade water rights so long as doing so is not detrimental to the public welfare or conservation goals; and
  2. Enact more stringent environmental and water conservation laws than those stipulated by JWRMP.

6) AFFIRMS the importance of international cooperation and requests member nations cooperate with non-member nations on issues stated herein.


For reference:
This is the third version. It has since been updated.

Transboundary Water Use Act
A resolution to increase the quality of the world's environment, at the expense of industry.

Category: Environmental | Industry Affected: All Businesses | Proposed by: Goddess Relief Office


The World Assembly,

NOTING that certain surface water and groundwater resources, such as rivers and lakes, water basins, and groundwater aquifers are transboundary or cross the boundaries of one or more nations.

CONCERNED that abuses committed by one nation on transboundary water resources could detrimentally affect the environment, economy, health and well-being of neighboring nations.

AWARE that abuses may include, but are not limited to: Discharge of urban wastes, industrial byproducts, and storm waters into rivers and lakes, damming or diversion of rivers and tributaries for hydro-electric generation, irrigation and industries, overtapping of groundwater aquifers, and others.

HEREBY,

FORMS the Joint Water Resources Management Panel (JWRMP) to establish sustainable water use policies, quality control standards, pollution abatement measures, cooperative development protocols, and other regulations related to the protection of transboundary water resources,

ADOPTS the following articles to ensure that transboundary surface water and groundwater resources are managed in-common and used sustainably and equitably.

Member nations shall:
    I. Conserve, improve, and use transboundary surface waters and groundwater responsibly and rationally;
    II. Control and prevent downstream hazards directly or indirectly caused by upriver human activity;
    III. Adopt measures to eliminate pollution loads from agriculture or industrial activities entering the transboundary river basins and groundwater basins;
    IV. Consult and cooperate with neighboring nations on the use and management of transboundary water resources, including shared access to drinking water obtained from transboundary water bodies;
    V. Ensure future development carried out on or near transboundary river basins and catchment areas, groundwater aquifers, and ecosystems are environmentally sustainable and will not cause lasting, adverse change to these resources;
    VI. Conserve precious transboundary water resources for the benefit of current and future generations; and
    VII. Allow nations that had established bi- or multilateral-agreements to monitor the progress made in the implementation of joint action programs.

RESPECTS the right of nations to enact more stringent environmental and water conservation laws than those stipulated by JWRMP.

MAINTAINS that any dispute between nations with transboundary surface water and groundwater resources shall be resolved in a bi- or multilateral-basis, failing which, the dispute may be referred to JWRMP for mediation or arbitration with consent of all parties involved. The ruling of the JWRMP is considered final and binding according to international law.



This is the old version, which was seen and commented upon by Glen-Rhodes, Cerberion, Travancore-cochin, Eist and others to me privately. It has since been updated.
Transboundary Water Management
A resolution to increase the quality of the world's environment, at the expense of industry.

Category: Environmental | Industry Affected: All Businesses | Proposed by: Goddess Relief Office


The World Assembly,

NOTING that certain surface water and groundwater resources, such as rivers and lakes, water basins, and groundwater aquifers are transboundary or cross the boundaries of one or more nations.

CONCERNED that abuses committed by one nation on transboundary water resources could detrimentally affect the environment, economy, health and well-being of neighboring nations.

AWARE that abuses may include, but are not limited to: Discharge of urban wastes, industrial byproducts, and storm waters into rivers and lakes, damming or diversion of rivers and tributaries for hydro-electric generation or irrigation, overtapping of groundwater aquifers, and others.

HEREBY,

FORMS the Joint Water Resources Management Panel (JWRMP) to establish sustainable water use policies, quality control standards, pollution abatement measures, cooperative development protocols, and other regulations related to the protection of transboundary water resources,

CALLS UPON all nations with transboundary water resources to cooperate on a bi- or multilateral-basis and adopt recommended policies established by the JWRMP,

ADOPTS the XXXXX (INSERT LATER DEPENDING ON CHARACTER LIMIT ON TITLE) XXXXX Act to ensure that transboundary surface water and groundwater resources are managed in common and used sustainably and equitably.

The signatories of this Act agrees in principle to:
1) Conserve, improve, and use transboundary surface waters and groundwater responsibly and rationally;
2) Control and prevent downstream hazards directly or indirectly caused by upriver human activity;
3) Adopt measures to eliminate pollution loads from agriculture or industrial activities entering the transboundary river basins and groundwater basins;
4) Consult and cooperate with neighboring nations on the use and management of transboundary water resources, including shared access to drinking water obtained from transboundary water bodies;
5) Ensure future development carried out on or near transboundary river basins and catchment areas, groundwater aquifers, and ecosystems are environmentally sustainable and will not cause lasting, adverse change to these resources;
6) Conserve precious transboundary water resources for the benefit of current and future generations; and
7) Allow contracting parties that had established bi- or multilateral-agreements and non-profit organizations to monitor the progress made in the implementation of joint action programs.

RESPECTS the right of nation states to enact more stringent or lax environmental and water conservation laws than those stipulated by JWRMP and this resolution so long as those water resources are not transboundary in nature, i.e. they are found entirely within their borders.


Notes: I can only answer questions, comments, and make edits during the weekends because of real life. Apologies to all in advance if I don't reply to you right away. :bow:
Last edited by Goddess Relief Office on Fri Oct 26, 2012 9:59 pm, edited 11 times in total.
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General Assembly:
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GA#223 - Transboundary Water Use Act

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Postby Grays Harbor » Sun May 13, 2012 8:09 am

This seems to already be adequately covered by this. All you've done is add "transborder" to it, which in reality adds nothing significant. So, I would have to say illegal for duplication.
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Postby Sionis Prioratus » Sun May 13, 2012 9:35 am

At least this time, Your Excellency comes to our forum seeking input. I hope it becomes a habit, for it is healthy and proper.

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Postby Moronist Decisions » Sun May 13, 2012 9:47 am

While I haven't had time to look at this carefully, I do not believe it contradicts or duplicates the Clean Water Act based on a cursory glance. Furthermore, it is a good issue for the WA to look into and we believe it is an international matter, though the fact that we can't do anything with non-member nations does matter.

We however reserve judgment on this matter
Last edited by Moronist Decisions on Sun May 13, 2012 9:47 am, edited 1 time in total.
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Postby Embolalia » Sun May 13, 2012 11:53 am

I can see this sliding in beside CWA, maybe. CWA covers intentional contamination of water supply, but I could see something going after unintentional contamination. Maybe. I seem to recall leaving out unintentional contamination for a reason. You'll have to be careful not to duplicate §1 or contradict §4. I think §4 basically precludes any international standards on conservation. Either way, it needs some serious rewriting. As it stands, it's ridiculously verbose, preposterously vague, and incredibly hand-wavy.

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Postby Christian Democrats » Mon May 14, 2012 9:04 pm

I like the concept of this proposal. I would add a provision that explicitly would prohibit member states from damming transboundary waterways or completely diverting such waterways away from other member states without their formal approval.
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Postby Goddess Relief Office » Sat Jun 02, 2012 9:39 pm

Grays Harbor wrote:This seems to already be adequately covered by this. All you've done is add "transborder" to it, which in reality adds nothing significant. So, I would have to say illegal for duplication.

Thanks for your comments. The main thrust of the Clean Water Act, as its name implies, is to provide clean and potable water to citizens within each nation. Meanwhile, the goal of the Transboundary Water Use Act is to safeguard water resources that cross political boundaries. Both deal with different aspects of providing water. For example, Nation XYZ could be following CWA, and yet in its efforts to provide sufficient clean water to its people, be in violation of TWUA by damming or diverting a river it shares with a neighbouring country.


Moronist Decisions wrote:While I haven't had time to look at this carefully, I do not believe it contradicts or duplicates the Clean Water Act based on a cursory glance. Furthermore, it is a good issue for the WA to look into and we believe it is an international matter, though the fact that we can't do anything with non-member nations does matter.

We however reserve judgment on this matter

Thanks for your comments. The fact that we can't do anything with non-member nations is a problem faced by most, if not all WA resolutions dealing with international matters, be it #40 The Landmine Convention, #60 Nuclear Disaster Response Act, or #102 International Criminal Court. Unfortunately, it is beyond the WA's authority to legislate on non-member nations. Though I suppose, it is possible to add a clause to request member nations to cooperate with non-members.


Embolalia wrote:I can see this sliding in beside CWA, maybe. CWA covers intentional contamination of water supply, but I could see something going after unintentional contamination. Maybe. I seem to recall leaving out unintentional contamination for a reason. You'll have to be careful not to duplicate §1 or contradict §4. I think §4 basically precludes any international standards on conservation. Either way, it needs some serious rewriting. As it stands, it's ridiculously verbose, preposterously vague, and incredibly hand-wavy.

Thanks for your comments. Although there is a clause on pollution, the issue of 'contamination' is not the main topic here. I will do some rewriting to make this clearer and rearrangement to make the sentences to flow better.


Christian Democrats wrote:I like the concept of this proposal. I would add a provision that explicitly would prohibit member states from damming transboundary waterways or completely diverting such waterways away from other member states without their formal approval.

Thanks for your comments. Noted your point on damming and diverting waterways and will address this in the 4th draft.

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General Assembly:
GA#053 - Epidemic Response Act
GA#163 - Repeal LOTS
GA#223 - Transboundary Water Use Act

Security Council:
SC#030 - Commend 10000 Islands (co-author)
SC#044 - Commend Texas (co-author)
SC#066 - Repeal "Liberate Wonderful Paradise"
SC#108 - Liberate South Pacific
SC#135 - Liberate Anarchy (co-author)
SC#139 - Repeal "Liberate South Pacific"

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Postby Bears Armed » Wed Jun 06, 2012 6:49 am

Approved in principle.
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Postby Grand America » Thu Jun 07, 2012 1:30 pm

Well, from having read this resolution over multiple times, I could say that the Alliance would approve in theory. There are many possible bypasses, and issues that we World Assembly members may face in the future.

One, and most likely the most outstanding one (as well as one already partially addressed) would be non-member nations. I realize that, in the near future, a revision may make member-states cooperate and follow this resolution, regardless of whether or not the nation into which the river flows is a member-state. However, we cannot simply "request" our non-member brethren to simply abide by our rules and hope that they do not break them.

So, while this stops World Assembly member nations from diverting rivers into circulating hydro-electric canals, as well as stopping contamination of these bodies of water, it does not stop the nation above us from dropping harmful chemicals near the border and allowing them to simply flow into our nations.

While it would likely have a larger economic impact, I might suggest, with what current information I have to go on, that on the borders of each nation, where the river flows, perhaps purification plants could be constructed to ensure the water is, in fact, uncontaminated, as it flows through the nations.

This is likely not the ideal decision to make, and other, more experienced representatives may be able to suggest more economic additions to the proposal, but I feel this is an issue that needs to be addressed before the Alliance could fully support this proposal.

Thank you.

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Postby Stalltopia » Thu Jun 07, 2012 1:34 pm

Water purification plants are expensive, and should be create on a nation by nation basis. The World Assembly has no right to make these plants mandatory.

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Postby Grand America » Fri Jun 08, 2012 6:23 am

Yes, they are. And attempting to find another way to deal with this issue is understandable. However, an official response must be issued, as simply not addressing this would, in some cases, nullify the proposal.

As for my suggestion, I made sure that I mentioned it was not ideal. I am not fully experienced with these types of issues, or how to address them. Their answers belong to more standard identities in other departments of the Alliance government. The true reason I mentioned that suggestion was simply to ensure that the issue had been noticed, and, if a response had not yet been made, its conception begin.

If any other ambassadors believe they have a sufficiently more economic way of ensuring that the proposal is not affected by non-World Assembly members, feel free to notify the delegation that has written the proposal. I feel that it is certainly an issue, and not one to be passed by lightly.

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Postby Goddess Relief Office » Sat Oct 20, 2012 5:31 am

*updated*
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General Assembly:
GA#053 - Epidemic Response Act
GA#163 - Repeal LOTS
GA#223 - Transboundary Water Use Act

Security Council:
SC#030 - Commend 10000 Islands (co-author)
SC#044 - Commend Texas (co-author)
SC#066 - Repeal "Liberate Wonderful Paradise"
SC#108 - Liberate South Pacific
SC#135 - Liberate Anarchy (co-author)
SC#139 - Repeal "Liberate South Pacific"

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Postby Moronist Decisions » Sat Oct 20, 2012 9:44 am

Looks pretty good. You have the tentative support of the Moronist government.
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Postby Fallout Haven » Sat Oct 20, 2012 10:14 am

Goddess Relief Office wrote:*updated*


Don't grave dig a thread. If you wish for this to be looked at again you should of started a new thread.
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Postby Moronist Decisions » Sat Oct 20, 2012 10:23 am

Fallout Haven wrote:
Goddess Relief Office wrote:*updated*


Don't grave dig a thread. If you wish for this to be looked at again you should of started a new thread.


It's generally appropriate to bump/update an old draft thread of your own.
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Postby Eist » Sun Oct 21, 2012 8:18 am

Fallout Haven wrote:
Goddess Relief Office wrote:*updated*


Don't grave dig a thread. If you wish for this to be looked at again you should of started a new thread.


Heh :palm:

I think the accusations that it is too similar to the Clean Water Act are unfounded. While this proposal is arguably of less importance than the Clean Water Act, I think it carves an important niche in the WA that should be exploited.

Obviously a lot of thought has been put into this; it's well written. If this reaches vote, I will vote FOR this.
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Postby The Interstellar Mongol Khanate » Sun Oct 21, 2012 8:30 am

Goddess Relief Office wrote:Background

Please allow me to give some background to the resolution.

About two and half years ago, I came across a news article about water use -- specifically how India and Bangladesh were fighting over the right to use of water from the Ganges River which passes through both countries. In a case like this, the country controlling up stream could dam a river for its own use, or pollute the river to the dismay of country or countries further down river. Over the next few months I saw another article about the fight over Mekong River, which passes through China, Laos, Cambodia, Thailand, and Vietnam. Here is a link to the story (link click here).

This gave me the idea to write the resolution, which I subsequently posted in my regional forum. A few people were invited to comment on it, and they did so privately. Alas, because of real life, after taking their comments into consideration (which are reflected in this current version 3.0), I did not have time to look at it again.

Fast forward to now, one and half years after initially writing it, and two and half years after having the idea to write about it... here is the 4th Draft


Transboundary Water Use Act
A resolution to increase the quality of the world's environment, at the expense of industry.

Category: Environmental | Industry Affected: All Businesses | Proposed by: Goddess Relief Office


The World Assembly,

NOTING that certain surface water and groundwater resources, such as rivers and lakes, water basins, and aquifers are transboundary among nations.

CONCERNED that abuses committed by one nation on transboundary water resources could detrimentally affect the environment, economy, and well-being of neighboring nations.

AWARE that abuses may include, but are not limited to: Damming or diversion of rivers for irrigation or hydro-electric power generation, overtapping of aquifers, and discharge of urban wastes, industrial byproducts, and storm waters into rivers and lakes.

HEREBY,

1) DEFINES, for the purpose of this Act, “transboundary water resources” as water resources which are situated in part in different nations.

2) FORMS the Joint Water Resources Management Panel (JWRMP) to establish sustainable water use policies, cooperation protocols, and other regulations necessary to protect transboundary water resources,

3) ADOPTS the following articles to ensure that transboundary surface and groundwater resources are managed in-common and used sustainably.

Member nations shall:
  1. Conserve, improve, and use transboundary water resources responsibly;
  2. Mitigate any downstream hazards caused by upriver human activity;
  3. Agree not to overtap, divert or dam transboundary water resources if the action causes significant harm to neighbouring nations;
  4. Adopt measures to eliminate pollution from agriculture or industrial activities entering transboundary rivers and groundwater basins;
  5. Ensure future development carried out on or near transboundary water resources will not cause lasting, adverse change to them; and
  6. Allow neighbouring member nations to monitor the progress made in mutually agreed joint-implementation programs.

4) DIRECTS member nations to resolve disputes on transboundary water issues bilaterally or multilaterally, failing which, allows member nations to refer the dispute to JWRMP for arbitration with the consent of all parties involved.

5) CLARIFIES that member nations may:
  1. Trade water rights so long as doing so is not detrimental to the public welfare or conservation goals; and
  2. Enact more stringent environmental and water conservation laws than those stipulated by JWRMP.

6) AFFIRMS the importance of international cooperation and requests member nations cooperate with non-member nations on issues stated herein.


For reference:
This is the third version. It has since been updated.

Transboundary Water Use Act
A resolution to increase the quality of the world's environment, at the expense of industry.

Category: Environmental | Industry Affected: All Businesses | Proposed by: Goddess Relief Office


The World Assembly,

NOTING that certain surface water and groundwater resources, such as rivers and lakes, water basins, and groundwater aquifers are transboundary or cross the boundaries of one or more nations.

CONCERNED that abuses committed by one nation on transboundary water resources could detrimentally affect the environment, economy, health and well-being of neighboring nations.

AWARE that abuses may include, but are not limited to: Discharge of urban wastes, industrial byproducts, and storm waters into rivers and lakes, damming or diversion of rivers and tributaries for hydro-electric generation, irrigation and industries, overtapping of groundwater aquifers, and others.

HEREBY,

FORMS the Joint Water Resources Management Panel (JWRMP) to establish sustainable water use policies, quality control standards, pollution abatement measures, cooperative development protocols, and other regulations related to the protection of transboundary water resources,

ADOPTS the following articles to ensure that transboundary surface water and groundwater resources are managed in-common and used sustainably and equitably.

Member nations shall:
    I. Conserve, improve, and use transboundary surface waters and groundwater responsibly and rationally;
    II. Control and prevent downstream hazards directly or indirectly caused by upriver human activity;
    III. Adopt measures to eliminate pollution loads from agriculture or industrial activities entering the transboundary river basins and groundwater basins;
    IV. Consult and cooperate with neighboring nations on the use and management of transboundary water resources, including shared access to drinking water obtained from transboundary water bodies;
    V. Ensure future development carried out on or near transboundary river basins and catchment areas, groundwater aquifers, and ecosystems are environmentally sustainable and will not cause lasting, adverse change to these resources;
    VI. Conserve precious transboundary water resources for the benefit of current and future generations; and
    VII. Allow nations that had established bi- or multilateral-agreements to monitor the progress made in the implementation of joint action programs.

RESPECTS the right of nations to enact more stringent environmental and water conservation laws than those stipulated by JWRMP.

MAINTAINS that any dispute between nations with transboundary surface water and groundwater resources shall be resolved in a bi- or multilateral-basis, failing which, the dispute may be referred to JWRMP for mediation or arbitration with consent of all parties involved. The ruling of the JWRMP is considered final and binding according to international law.



This is the old version, which was seen and commented upon by Glen-Rhodes, Cerberion, Travancore-cochin, Eist and others to me privately. It has since been updated.
Transboundary Water Management
A resolution to increase the quality of the world's environment, at the expense of industry.

Category: Environmental | Industry Affected: All Businesses | Proposed by: Goddess Relief Office


The World Assembly,

NOTING that certain surface water and groundwater resources, such as rivers and lakes, water basins, and groundwater aquifers are transboundary or cross the boundaries of one or more nations.

CONCERNED that abuses committed by one nation on transboundary water resources could detrimentally affect the environment, economy, health and well-being of neighboring nations.

AWARE that abuses may include, but are not limited to: Discharge of urban wastes, industrial byproducts, and storm waters into rivers and lakes, damming or diversion of rivers and tributaries for hydro-electric generation or irrigation, overtapping of groundwater aquifers, and others.

HEREBY,

FORMS the Joint Water Resources Management Panel (JWRMP) to establish sustainable water use policies, quality control standards, pollution abatement measures, cooperative development protocols, and other regulations related to the protection of transboundary water resources,

CALLS UPON all nations with transboundary water resources to cooperate on a bi- or multilateral-basis and adopt recommended policies established by the JWRMP,

ADOPTS the XXXXX (INSERT LATER DEPENDING ON CHARACTER LIMIT ON TITLE) XXXXX Act to ensure that transboundary surface water and groundwater resources are managed in common and used sustainably and equitably.

The signatories of this Act agrees in principle to:
1) Conserve, improve, and use transboundary surface waters and groundwater responsibly and rationally;
2) Control and prevent downstream hazards directly or indirectly caused by upriver human activity;
3) Adopt measures to eliminate pollution loads from agriculture or industrial activities entering the transboundary river basins and groundwater basins;
4) Consult and cooperate with neighboring nations on the use and management of transboundary water resources, including shared access to drinking water obtained from transboundary water bodies;
5) Ensure future development carried out on or near transboundary river basins and catchment areas, groundwater aquifers, and ecosystems are environmentally sustainable and will not cause lasting, adverse change to these resources;
6) Conserve precious transboundary water resources for the benefit of current and future generations; and
7) Allow contracting parties that had established bi- or multilateral-agreements and non-profit organizations to monitor the progress made in the implementation of joint action programs.

RESPECTS the right of nation states to enact more stringent or lax environmental and water conservation laws than those stipulated by JWRMP and this resolution so long as those water resources are not transboundary in nature, i.e. they are found entirely within their borders.


Notes: I can only answer questions, comments, and make edits during the weekends because of real life. Apologies to all in advance if I don't reply to you right away. :bow:


There are similar water usage issues here in the United States. For example, the Chattahoochee-Flint-Appalachicola River network is at the center of a major fight between the city of Atlanta, the downstream communities of Georgia (they were united at one point), Alabama, and Florida. Atlanta needs the water from the Chattahoochee (stored in Lakes Alatoona and Lanier) for their growth, while towns and cities like West Point and Columbus want the water to be conserved for their own use, and kept free of pollution. Alabama needs the water because of a nuclear power-plant in Dothan which draws the water from the river to use to keep the fuel rods cooled, and Florida has a million-dollar mussels harvest that would be threatened by decreased water flow from upstream.

While I would have to agree that this 4th edition seems to be a copy of the original resolution document, I agree that such a resolution should be investigated.
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Goddess Relief Office
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Founded: Jun 04, 2006
Inoffensive Centrist Democracy

Postby Goddess Relief Office » Sun Oct 21, 2012 9:58 am

The Interstellar Mongol Khanate wrote:While I would have to agree that this 4th edition seems to be a copy of the original resolution document, I agree that such a resolution should be investigated.


The 4th edition is hardly similar to the original at all. 8) If you are interested, the original looked like this:

XXXXXX Water Management Act

The World Assembly,

KNOWING the existence of Transboundary Water Resources such as rivers and lakes, water basins, underground aquifers, and other water bodies may cross the boundaries of more than one nation.

REALIZING that there are currently no international or regional agreements put in place governing transboundary water resources.

FEARING the improper use of such resources by one nation may lead to conflict with neighbours and potential environmental degradation.

Hereby,

ESTABLISHES the Transboundary Water Resources Commission (TWRC) with the following goals:

1) Promote the equitable use of shared water resources between member nations,

2) Enforce international code of conduct among nations on water use, including but not limited to the following:

  • Nations may use transboundary water resources within their borders provided their actions do not cause significant harm to a neighbour that shares the same resource;
  • Nations must not pollute shared water resources, in accordance to international law;
  • Nations are to work cooperatively with with neighboring nations on the use and management of transboundary water resources, including shared access to drinking water;
  • Nations are to ensure development carried out near transboundary water resources do not cause irreparable harm to the environment and negatively affect the livelihood of populations dependent on such waters;
  • Nations are to individually or jointly, where appropriate, mediate and reduce existing pollution and activities that have damaged transboundary eco-systems; and
  • Nations are encouraged share key water monitoring parameters with TWRC and environmental organizations.

3) Provide advice, conduct research, and assess the environmental impacts of development in member nations.

4) Conserve and protect precious transboundary water resources for the benefit of current and future generations.

RESPECTS the sovereign right of nations to enact more stringent or lax environmental and water conservation laws than those stipulated herein so long as those resources are found completely within their borders.



The first version was posted only in my regional forum in May 2010 for internal comments. It has since been extensively modified and almost rewritten from the ground-up. From between versions 1 and 2, the resolution was restructured and some new ideas were added. Version 3 further restructures the resolution in response to feedback by Travancore-cochin, Glen-Rhodes, and others. (For example, there's no longer 'The signatories of this Act agrees to...' ) The latest version further refines the original ideas with some new ones added. At the same time, unneeded words have been removed to address Embolalia's concerns.
Keeper of The World Tree - Yggdrasil
General Assembly:
GA#053 - Epidemic Response Act
GA#163 - Repeal LOTS
GA#223 - Transboundary Water Use Act

Security Council:
SC#030 - Commend 10000 Islands (co-author)
SC#044 - Commend Texas (co-author)
SC#066 - Repeal "Liberate Wonderful Paradise"
SC#108 - Liberate South Pacific
SC#135 - Liberate Anarchy (co-author)
SC#139 - Repeal "Liberate South Pacific"

Former delegate and retired defender
Nice links for easy reference:
Passed WA Resolutions | GA Resolutions (sorted by category) | GA Rules

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NeoPacificus
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Posts: 18
Founded: Jul 31, 2012
Father Knows Best State

Postby NeoPacificus » Mon Oct 22, 2012 10:15 am

Everything looks neat and well written with your last draft. You made some major improvements. I can defiantly see how fresh water is vital for any country. Be it for social, military, economic, and basic humanitarian reasons. The situation becomes critical when multiple countries share the same finite resource. People will kill more for water then gold in some parts of the world. You have my thumps up.

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Belea
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Posts: 6
Founded: Mar 01, 2006
Ex-Nation

Postby Belea » Tue Oct 23, 2012 1:54 am

Goddess Relief Office wrote:Background

(Image)
...
Transboundary Water Use Act
A resolution to increase the quality of the world's environment, at the expense of industry.

Category: Environmental | Industry Affected: All Businesses | Proposed by: Goddess Relief Office


The World Assembly,

NOTING that certain surface water and groundwater resources, such as rivers and lakes, water basins, and aquifers are transboundary among nations.

CONCERNED that abuses committed by one nation on transboundary water resources could detrimentally affect the environment, economy, and well-being of neighboring nations.

AWARE that abuses may include, but are not limited to: Damming or diversion of rivers for irrigation or hydro-electric power generation, overtapping of aquifers, and discharge of urban wastes, industrial byproducts, and storm waters into rivers and lakes.

HEREBY,

1) DEFINES, for the purpose of this Act, “transboundary water resources” as water resources which are situated in part in different nations.

2) FORMS the Joint Water Resources Management Panel (JWRMP) to establish sustainable water use policies, cooperation protocols, and other regulations necessary to protect transboundary water resources,

3) ADOPTS the following articles to ensure that transboundary surface and groundwater resources are managed in-common and used sustainably.

Member nations shall:
  1. Conserve, improve, and use transboundary water resources responsibly;
  2. Mitigate any downstream hazards caused by upriver human activity;
  3. Agree not to overtap, divert or dam transboundary water resources if the action causes significant harm to neighbouring nations;
  4. Adopt measures to eliminate pollution from agriculture or industrial activities entering transboundary rivers and groundwater basins;
  5. Ensure future development carried out on or near transboundary water resources will not cause lasting, adverse change to them; and
  6. Allow neighbouring member nations to monitor the progress made in mutually agreed joint-implementation programs.

4) DIRECTS member nations to resolve disputes on transboundary water issues bilaterally or multilaterally, failing which, allows member nations to refer the dispute to JWRMP for arbitration with the consent of all parties involved.

5) CLARIFIES that member nations may:
  1. Trade water rights so long as doing so is not detrimental to the public welfare or conservation goals; and
  2. Enact more stringent environmental and water conservation laws than those stipulated by JWRMP.

6) AFFIRMS the importance of international cooperation and requests member nations cooperate with non-member nations on issues stated herein.


For reference:
This is the third version. It has since been updated.

Transboundary Water Use Act
A resolution to increase the quality of the world's environment, at the expense of industry.

Category: Environmental | Industry Affected: All Businesses | Proposed by: Goddess Relief Office


The World Assembly,

NOTING that certain surface water and groundwater resources, such as rivers and lakes, water basins, and groundwater aquifers are transboundary or cross the boundaries of one or more nations.

CONCERNED that abuses committed by one nation on transboundary water resources could detrimentally affect the environment, economy, health and well-being of neighboring nations.

AWARE that abuses may include, but are not limited to: Discharge of urban wastes, industrial byproducts, and storm waters into rivers and lakes, damming or diversion of rivers and tributaries for hydro-electric generation, irrigation and industries, overtapping of groundwater aquifers, and others.

HEREBY,

FORMS the Joint Water Resources Management Panel (JWRMP) to establish sustainable water use policies, quality control standards, pollution abatement measures, cooperative development protocols, and other regulations related to the protection of transboundary water resources,

ADOPTS the following articles to ensure that transboundary surface water and groundwater resources are managed in-common and used sustainably and equitably.

Member nations shall:
    I. Conserve, improve, and use transboundary surface waters and groundwater responsibly and rationally;
    II. Control and prevent downstream hazards directly or indirectly caused by upriver human activity;
    III. Adopt measures to eliminate pollution loads from agriculture or industrial activities entering the transboundary river basins and groundwater basins;
    IV. Consult and cooperate with neighboring nations on the use and management of transboundary water resources, including shared access to drinking water obtained from transboundary water bodies;
    V. Ensure future development carried out on or near transboundary river basins and catchment areas, groundwater aquifers, and ecosystems are environmentally sustainable and will not cause lasting, adverse change to these resources;
    VI. Conserve precious transboundary water resources for the benefit of current and future generations; and
    VII. Allow nations that had established bi- or multilateral-agreements to monitor the progress made in the implementation of joint action programs.

RESPECTS the right of nations to enact more stringent environmental and water conservation laws than those stipulated by JWRMP.

MAINTAINS that any dispute between nations with transboundary surface water and groundwater resources shall be resolved in a bi- or multilateral-basis, failing which, the dispute may be referred to JWRMP for mediation or arbitration with consent of all parties involved. The ruling of the JWRMP is considered final and binding according to international law.



This is the old version, which was seen and commented upon by Glen-Rhodes, Cerberion, Travancore-cochin, Eist and others to me privately. It has since been updated.
Transboundary Water Management
A resolution to increase the quality of the world's environment, at the expense of industry.

Category: Environmental | Industry Affected: All Businesses | Proposed by: Goddess Relief Office


The World Assembly,

NOTING that certain surface water and groundwater resources, such as rivers and lakes, water basins, and groundwater aquifers are transboundary or cross the boundaries of one or more nations.

CONCERNED that abuses committed by one nation on transboundary water resources could detrimentally affect the environment, economy, health and well-being of neighboring nations.

AWARE that abuses may include, but are not limited to: Discharge of urban wastes, industrial byproducts, and storm waters into rivers and lakes, damming or diversion of rivers and tributaries for hydro-electric generation or irrigation, overtapping of groundwater aquifers, and others.

HEREBY,

FORMS the Joint Water Resources Management Panel (JWRMP) to establish sustainable water use policies, quality control standards, pollution abatement measures, cooperative development protocols, and other regulations related to the protection of transboundary water resources,

CALLS UPON all nations with transboundary water resources to cooperate on a bi- or multilateral-basis and adopt recommended policies established by the JWRMP,

ADOPTS the XXXXX (INSERT LATER DEPENDING ON CHARACTER LIMIT ON TITLE) XXXXX Act to ensure that transboundary surface water and groundwater resources are managed in common and used sustainably and equitably.

The signatories of this Act agrees in principle to:
1) Conserve, improve, and use transboundary surface waters and groundwater responsibly and rationally;
2) Control and prevent downstream hazards directly or indirectly caused by upriver human activity;
3) Adopt measures to eliminate pollution loads from agriculture or industrial activities entering the transboundary river basins and groundwater basins;
4) Consult and cooperate with neighboring nations on the use and management of transboundary water resources, including shared access to drinking water obtained from transboundary water bodies;
5) Ensure future development carried out on or near transboundary river basins and catchment areas, groundwater aquifers, and ecosystems are environmentally sustainable and will not cause lasting, adverse change to these resources;
6) Conserve precious transboundary water resources for the benefit of current and future generations; and
7) Allow contracting parties that had established bi- or multilateral-agreements and non-profit organizations to monitor the progress made in the implementation of joint action programs.

RESPECTS the right of nation states to enact more stringent or lax environmental and water conservation laws than those stipulated by JWRMP and this resolution so long as those water resources are not transboundary in nature, i.e. they are found entirely within their borders.


Notes: I can only answer questions, comments, and make edits during the weekends because of real life. Apologies to all in advance if I don't reply to you right away. :bow:


The language "Member nations SHALL" [emphasis added] remains in the resolution at vote. Belea believes that the seven clauses following this construction are much too vague to be made mandatory for all WA member nations. The judicial branch of member nations and international courts would be flooded with cases to "clarify" this resolution. How must nations "conserve" and "improve" transboundary surface waters and groundwater? To what extent must nations "Control and prevent" downstream hazards? For that matter, how are hazards defined?

The clauses referenced above would be covered by the regulations to come from the JWRMP. Therefore Belea concludes that, unless the above referenced section is removed or the language restored to that of the second draft ("The signatories of this Act agrees in principle to:"), it is in the best interest of WA member nations to vote AGAINST this resolution.

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Louisistan
Diplomat
 
Posts: 810
Founded: Sep 10, 2012
Democratic Socialists

Postby Louisistan » Tue Oct 23, 2012 2:28 am

A very well thought out and written proposal! The Confederacy of Louisistan votes for.
Knight of TITO, Senator of 10000 Islands

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Damanucus
Ambassador
 
Posts: 1699
Founded: Dec 10, 2006
Democratic Socialists

Postby Damanucus » Tue Oct 23, 2012 3:39 am

Okay, let's have a look see here:

Goddess Relief Office wrote:
1) DEFINES, for the purpose of this Act, “transboundary water resources” as water resources which are situated in part in different nations.


Okay, now I know what we're talking about here.

Goddess Relief Office wrote:
2) FORMS the Joint Water Resources Management Panel (JWRMP) to establish sustainable water use policies, cooperation protocols, and other regulations necessary to protect transboundary water resources,


Okay, so nothing about the quality of the water in use (which is good, as that is covered by the IBWS).

Goddess Relief Office wrote:
3) ADOPTS the following articles to ensure that transboundary surface and groundwater resources are managed in-common and used sustainably.

Member nations shall:
  1. Conserve, improve, and use transboundary water resources responsibly;
  2. Mitigate any downstream hazards caused by upriver human activity;
  3. Agree not to overtap, divert or dam transboundary water resources if the action causes significant harm to neighbouring nations;
  4. Adopt measures to eliminate pollution from agriculture or industrial activities entering transboundary rivers and groundwater basins;
  5. Ensure future development carried out on or near transboundary water resources will not cause lasting, adverse change to them; and
  6. Allow neighbouring member nations to monitor the progress made in mutually agreed joint-implementation programs.


Okay, just a couple of things:
  1. Point 2 seems to have a little overlap with the Clean Water Act. Additionally, it seems to be a clause that has as much place in a general water protection act than just this one, as this should be a requirement for the maintenance of any water course. I think its placement here in this Act may cause an unintended duplication illegality should any such act come to exist on the WA books. (Okay, yes, it doesn't exist now; this should've been a bit of a sign for everyone that maybe a generalised act for the protection of water courses probably should've come first, then we could've dealt with the specific case of transboundary water courses.) Equally, Point 5 seems to sit in this territory as well.
  2. Point 4 seems to be under the auspice of the Clean Water Act, and as such does not have a place here.

Goddess Relief Office wrote:
4) DIRECTS member nations to resolve disputes on transboundary water issues bilaterally or multilaterally, failing which, allows member nations to refer the dispute to JWRMP for arbitration with the consent of all parties involved.


Okay, yep, I quite like that.

Goddess Relief Office wrote:
5) CLARIFIES that member nations may:
  1. Trade water rights so long as doing so is not detrimental to the public welfare or conservation goals; and
  2. Enact more stringent environmental and water conservation laws than those stipulated by JWRMP.


Just a little care with Point 2, as a lot of what is detailed for the care of water courses I think are covered by CWA.

Goddess Relief Office wrote:
6) AFFIRMS the importance of international cooperation and requests member nations cooperate with non-member nations on issues stated herein.


Yep, no probs there either. Additionally, this also backs up Clause 5, by insisting that nations discuss deals together first before going to a higher authority.

Okay, so this isn't too dusty. There is, however, something in me that's a little sketchy about it. Now, yes, I do wish that a general "Fundamental Maintenance of Water Courses" act had actually been put up for vote before this, and there are a couple of clauses which I think overlap with the Clean Water Act. However, there is a niggling doubt about the effectiveness of this Act, and the possibility of it trying to be applied to non-WA states (which is also where the effectiveness doubt comes from). Damanucus doesn't have this worry, of course (if you have a look at the region map, you'll notice the entirety of Damanucus is an island-continent), but some member nations do share borders with non-member nations, and hence water courses, and I feel that it will be difficult at best to get non-members to abide by an Act-legal agreement, regardless of the involvement of JWRMP.

I'm abstaining from this vote. I like the idea, but the above concerns make affirming my vote difficult.

Stephanie Orman
Representative, Nomadic Peoples of Damanucus

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Starkindler
Ambassador
 
Posts: 1254
Founded: Jun 24, 2011
Ex-Nation

Postby Starkindler » Tue Oct 23, 2012 4:20 am

OOC: WA capable through Species 10192
Your Excellencies!

Having read this act, I think it's an excellent piece of legislative work in the WA, finding the act well-written. Having read the disputed article of the Clean Water Act, I have also found some overlaps with the current Act, however, from that I do not assert this is a duplicate of the Act thereof, since the mentioned legislation did not consider cross-boundary water management, only maintaining an acceptable standard of drinking water, and a means to reduce pollution to fragile water-based ecosystems.

However, I found the duplicate paragraphs necessary for the appropriate enforcement of the Act, since it now defines not individual nations, but all the nations sharing the same body of water working for keeping it clean, and setting the conservation of its ecosystems a common priority, bilaterally talking with each other.

I have found that enacting this act is vital to the World Assembly, and the ecosystems of all the planets it covers, regardless of the technology levels. I, hereby vote FOR the Act to be placed to vote, and will support the Act if it's placed to vote.

Yours sincerely,
Celestine Anastasia Evenstar
Serial Number: 0000 0000 0FFC B32E
Imperial Ambassador to the World Assembly

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Goddess Relief Office
Diplomat
 
Posts: 584
Founded: Jun 04, 2006
Inoffensive Centrist Democracy

Postby Goddess Relief Office » Tue Oct 23, 2012 4:43 am

Belea wrote:The language "Member nations SHALL" [emphasis added] remains in the resolution at vote. Belea believes that the seven clauses following this construction are much too vague to be made mandatory for all WA member nations. The judicial branch of member nations and international courts would be flooded with cases to "clarify" this resolution. How must nations "conserve" and "improve" transboundary surface waters and groundwater? To what extent must nations "Control and prevent" downstream hazards? For that matter, how are hazards defined?

The clauses referenced above would be covered by the regulations to come from the JWRMP. Therefore Belea concludes that, unless the above referenced section is removed or the language restored to that of the second draft ("The signatories of this Act agrees in principle to:"), it is in the best interest of WA member nations to vote AGAINST this resolution.


Thanks for your comments. The use of the word 'Shall' is standard in many UN treaties as well as NS resolutions. A very casual scan of GA resolutions #1 to #15, for example, shows that 7 out of those used the word Shall. It's not a valid concern, imho.

On the contrary, using"The signatories of this Act agrees in principle to" from the 2nd draft would be inappropriate since nobody signs anything on NationStates, and it makes it sound as though it's voluntary.
Keeper of The World Tree - Yggdrasil
General Assembly:
GA#053 - Epidemic Response Act
GA#163 - Repeal LOTS
GA#223 - Transboundary Water Use Act

Security Council:
SC#030 - Commend 10000 Islands (co-author)
SC#044 - Commend Texas (co-author)
SC#066 - Repeal "Liberate Wonderful Paradise"
SC#108 - Liberate South Pacific
SC#135 - Liberate Anarchy (co-author)
SC#139 - Repeal "Liberate South Pacific"

Former delegate and retired defender
Nice links for easy reference:
Passed WA Resolutions | GA Resolutions (sorted by category) | GA Rules

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Vrolondia
Envoy
 
Posts: 239
Founded: Mar 30, 2009
Civil Rights Lovefest

Postby Vrolondia » Tue Oct 23, 2012 5:39 am

Interesting.

The idea that it is a duplicate is, to me, unfounded.

Nations working together to keep the water pure is a fantastic idea;

At vote, Mine is for.
My hobbies include forming opinions about things and arguing on the internet.

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