The Guarani Aquifer System (GAS) represents one of the largest transboundary groundwater reservoirs in the world, spanning Brazil, Argentina, Paraguay, and Uruguay. This study critically examines the intricate legal and policy challenges of managing this essential shared resource. It begins by outlining the existing domestic and international legal frameworks governing the GAS, emphasizing the significance of the 2010 Guarani Aquifer Agreement. Through a detailed analysis, the paper identifies the strengths and limitations of the Agreement and discusses its implications for cooperative management. Furthermore, it provides targeted recommendations to enhance governance strategies in response to climate change and litigation, and other emerging environmental threats. The findings underscore the necessity of harmonizing domestic legislation, reinforcing enforcement mechanisms, and adopting an adaptive management approach to effectively address scientific uncertainties and the dynamic nature of environmental conditions.

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The Guarani Aquifer and the Transboundary Environmental and Climate Responsibility: Navigating Cooperative Governance and Conflict Resolution in a Shared Water Resource

  • Natalia Lorena Losccoco,
  • Cássius Guimarães Chai

摘要

The Guarani Aquifer System (GAS) represents one of the largest transboundary groundwater reservoirs in the world, spanning Brazil, Argentina, Paraguay, and Uruguay. This study critically examines the intricate legal and policy challenges of managing this essential shared resource. It begins by outlining the existing domestic and international legal frameworks governing the GAS, emphasizing the significance of the 2010 Guarani Aquifer Agreement. Through a detailed analysis, the paper identifies the strengths and limitations of the Agreement and discusses its implications for cooperative management. Furthermore, it provides targeted recommendations to enhance governance strategies in response to climate change and litigation, and other emerging environmental threats. The findings underscore the necessity of harmonizing domestic legislation, reinforcing enforcement mechanisms, and adopting an adaptive management approach to effectively address scientific uncertainties and the dynamic nature of environmental conditions.