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LYON . BRUXELLES . BARCELONE . MILAN . BUENOS AIRES . PEKIN . SHANGHAI . CANTON. SEOUL . HANOI . HO CHI MINH VILLE . SEOUL . SINGAPOUR

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5th WORLD WATER 5th WORLD WATER FORUM ISTANBULFORUM ISTANBUL

PECC INTERNATIONAL PROJECT PECC INTERNATIONAL PROJECT 2007-20092007-2009

SESSION ON SMALL ISLANDSIntroducing Guidelines on water management

in islands, coastal and isolated areas

THE LEGAL THE LEGAL APPROACH APPROACH FOR A BETTER FOR A BETTER MANAGEMENTMANAGEMENTOF WATEROF WATER

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OBSERVATIONSOBSERVATIONS

• All users, being private, industrial, agricultural, are confronted with the need to move towards more efficient and more secured water consumption worldwide.

• Water crisis commands attention; conflicts may arise between competing use of water, raising questions about rights to access to water, its appropriate economic value, and priorities for its use.

(Michel Rocard - Nouméa 2008)

• Mechanisms of market are necessary but not sufficient to allocate scarce resources.

• Water scarcity has to conduct to new models of regulation and governance of production and sharing out, with a link between the global and the local level.

• Very few entity of regulation and very often no national water policy.

• Water difficulties are always linked to : - local, regional and international components, - sociological and cultural components.

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THE STAKES THE STAKES

• A sustainable and responsible management of water*,• The preservation of water quality*,• An access to water for all populations victims of

exclusion: islands or isolated areas*,• A fair sharing of water*,• To prevent from conflicts and to solve them when

existing : - between operators and users, - between public entity and private operator, - between geographical, economic or social category of users

* Millenium development objectives

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ONE FUNDAMENTAL ONE FUNDAMENTAL QUESTIONQUESTION

How to share a common and sustainable vision of the future in

water governance?

That is the purpose of a legal framework.

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1. LEGAL RULES TO 1. LEGAL RULES TO SETTLE INSTITUTIONSSETTLE INSTITUTIONS

• To support water management by establishing essential principles,

• To identify a good specific level of governance: island or coastal dedicated level, European level of policy is the regional one or the basin one : “intercommunalité” provides a good and autonomic scale for managing a water

network,• To create specific entities in charge of water governance• To create institutional parameters of solidarity : - geographical, - social, - functional, - economic…,

• To identify a higher global level of governance through territories and economic activities

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SPECIFIC ENTITIESSPECIFIC ENTITIES

• Water agencies or committees at the level of the hydrological basin,• With subsidiary power regarding legal essential principles,• Trust determining by public strength or by independence both from public

power and private economic operators.

• With status and missions defined by the law: - research, - strategic orientations, - control of resources and good enforcement of prices policies, - measure of consumption and quality of water, - maintenance of networks, - technical and scientific assistance, - regulation of water access and use on basis of solidarity, with no extra cost

for the user, and environmental efficiency, - link between governments, public local authorities, users and associations,

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HIGHER LEVEL OF HIGHER LEVEL OF GOVERNANCEGOVERNANCE

• At global and/or international level,

• Through framework agreements for water management in island territories or coastal regions and/or isolated communities

• Sometimes supported by guarantee funds

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2. LEGAL RULES FOR 2. LEGAL RULES FOR RIGHTS AND DUTIESRIGHTS AND DUTIES

• At the global level :

- efficient, coherent and sustainable water policy- common and essential principles to guarantee access to water- preservation, protection, improvement of environment and rational

use of natural resources with sanctions- global program of actions well adapted to local contexts

- Elaboration of environmental quality standards

- Actions through prices adjustments (taxes against pollution *... ) and scheme of water

*France, Germany, Netherland

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2. LEGAL RULES FOR 2. LEGAL RULES FOR RIGHTS AND DUTIESRIGHTS AND DUTIES

• At the local level :- rules and procedures for solving trans-frontiers problems

within the boundaries of a common hydrographical basin,- Obligations of surveillance with implementation of

measures,

- Specific rules and rights of property can also be necessary to organise new market areas.

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3. LEGAL RULES FOR 3. LEGAL RULES FOR CONTRACTUAL FRAMECONTRACTUAL FRAME

• To reinforce regulation, rules can give strength to the contract,

• At the central or local level, to look for : - to mobilize private economic operators and investors, - to federate financial means, competences and

technologies from private economic operators, - to look for a « public – private » equilibrium. • through PPP that is the solution that presents the

biggest potential for contractual invention and adaptation to diverses social and cultural contexts.

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PUBLIC PRIVATE PUBLIC PRIVATE PARTNERSHIPPARTNERSHIP

PPP is a tool to :

- Mobilize and optimize massive financing with serious guarantee,- Improve forms of governance and efficiency of management of

public services,- Establish a clear breakdown and allocation of risks between

strong supervising public authorities, service private operators and financial institutions,

- Transmit formation of local professionals and education of populations

- Implement sustainable development policies through long term vision and day-to-day management preserving future generation,

- Build trust between partners, with the staff retained, with the consumers, with the population,

- Organize economic stability and predictability,- Offer disposals about disputes resolution.

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TOPIC POINTS OF TOPIC POINTS OF « « waterwater PPP » PPP »

• Clear share of responsibilities and benefits for an equilibrated relationship

• Contractual means to regulate ( by the contract or a third person) and fulfill the political engagement for an equal access to water for all people

• Regulation of prices by public authorities

• Incentive measures : - either a mix of public financing and private management only remunerated

by fees based on volume (percentage of new users) , to protect poor populations from discrimination,

- or a mix of private financing and public subsidies (output based aids) for realising new infrastructures to bring water to isolated places,

• Good balance between financial and social aims, by taking into account populations’ capacity of payment

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4. 4. LEGAL RULES TO LEGAL RULES TO SOLVE CONFLICTSSOLVE CONFLICTS

As no specific modes of resolution of water conflicts

prevail, the best way to solve conflicts is to prevent them :

• By the rules and strong regulations : dissuasion and sanctions,

• By a better governance and control,• By the contract which federates financial means,

competences and technologies, • By creating territories of cooperation • By alternative modes of resolution of disputes

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WATER WAR WATER WAR -- NEW WAYS OF CONFLICTS RESOLUTIONNEW WAYS OF CONFLICTS RESOLUTION

Three means to answer needs and resolve disputes:

• Define a (local or regional) area of solidarity,• Search for solutions through regional dialogue between

public entities, users, associations and ONG.• At this level of solidarity, recognise or create a supra-

local entity to regulate the conflicts about water property and water waste and to offer water dispute resolution service,

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Virtuous circle of water

SANCTIONS

DISSUASION

CONFLICTSPREVENTION

REGULATION CONTROL

Needs of water

=

Fulfillment of needs

CONTRACT

Public Private Partnership

REGULATIONS

Rights / Obligations

Responsibilities

GOVERNANCE

Authorities / Organization

AGREEMENT THROUGH TERRITORIES / THROUGH ACTIVITIES

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LYON . BRUXELLES . BARCELONE . MILAN . BUENOS AIRES . PEKIN . SHANGHAI . CANTON. SEOUL . HANOI . HO CHI MINH VILLE . SEOUL . SINGAPOUR