1. Legal Duties for Restoration of Wetlands & Waterways
TAJ PALACE, NEW DELHI | 12 – 14 SEPTEMBER 2016
Legal Duties for Restoration of Wetlands & Waterways

2. Overview of presentation
TAJ PALACE, NEW DELHI | 12 – 14 SEPTEMBER 2016
Overview of presentation
Argument
Analysis of legal framework
The Ramsar Convention
Duty to restore by EWAs?
Duty to monitor and report?
Legal effect of duties?
Conclusion & proposals 2

3. Argument Law is unlikely to offer a perfect solution
TAJ PALACE, NEW DELHI | 12 – 14 SEPTEMBER 2016
Argument
Law is unlikely to offer a perfect
solution
Law stands or falls with its
administration
But law can:
Require that EWAs are made
Afford same degree of security as allocations for human consumptive use
Compared to policy or principles, potentially ensure that EWAs are made 3

4. Analysis of legal framework
TAJ PALACE, NEW DELHI | 12 – 14 SEPTEMBER 2016
Analysis of legal framework
Duty to restore wetlands and waterways by EWAs?
If so, duty to monitor and report on implementation?
Are they binding, enforceable and justiciable in an international forum? 4

5. TAJ PALACE, NEW DELHI | 12 – 14 SEPTEMBER 2016
The Ramsar Convention
Convention on Wetlands of International Importance especially as Waterfowl Habitat (1975)
Protection of habitat approach
169 Contracting Parties 5

6. Duty to restore by EWAs? Yes Article 3.1: promote conservation of
TAJ PALACE, NEW DELHI | 12 – 14 SEPTEMBER 2016
Duty to restore by EWAs?
Yes
Article 3.1: promote conservation of
listed wetlands and as far as possible
wise use of all wetlands
= maintain ecological character
through implementation of ecosystem approaches within sustainable development context
To maintain ecological character
‘it is necessary to allocate water as closely as possible to the natural regime’
Climate change 6

7. Duty to monitor and report?
TAJ PALACE, NEW DELHI | 12 – 14 SEPTEMBER 2016
Duty to monitor and report?
Yes
Article 3.2: ‘shall arrange to be informed’ if ecological character of listed wetland ‘has changed, is changing or is likely to change’ due to human interference
On implementation of duty to restore, but largely derived by interpretation 7

8. Legal effect of this duty?
TAJ PALACE, NEW DELHI | 12 – 14 SEPTEMBER 2016
Legal effect of this duty?
Is it binding? Yes
But subject to exceptions physically ‘possible’ and ‘urgent national interests’
Is it enforceable? Yes
But hampered by ambiguity
Is it justiciable? Yes
Despite no dispute settlement provision through the International Court of Justice, but only by states 8

9. Conclusion & proposals
TAJ PALACE, NEW DELHI | 12 – 14 SEPTEMBER 2016
Conclusion & proposals
Unambiguous duty to restore degraded wetlands, including by providing adequate environmental water flow,
Express objective test for exceptions of physically ‘possible’ and ‘urgent national interest’,
Clear monitoring and reporting duties, and
Dispute settlement provision that allows state parties and other entities to resort to international adjudication and/or arbitration 9

10. All photos kindly provided by
TAJ PALACE, NEW DELHI | 12 – 14 SEPTEMBER 2016
All photos kindly provided by
David Rennie