Is water different from biodiversity? Governance criteria for the effective management of transboundary resources

Abstract

Effective law for complex environmental issues requires a combination of sound policy, sophisticated doctrinal scholarship and effective institutional arrangements that suit the social and economic context. Together, these elements create the basis for good resource governance. This article sets out criteria that define an effective governance framework for transboundary resource management. To advance legal scholarship, access to such criteria can help frame comprehensive strategies for more effective environmental law. The article extends previously developed criteria for the effective transboundary conservation of terrestrial biodiversity to transboundary water resource governance. It discusses the relative ease with which each of the criteria can be fulfilled in the management of the different resources and identifies areas for cross-sectoral learning. The article suggests that the principles set out in the criteria can also guide the management of other shared resources.