Keeping it Legal: Transboundary Challenges Facing Brazil & the Guarani

Abstract:     
This paper examines the legal and ecological problems facing the Guarani Aquifer System. Because the majority of the Guarani Aquifer System underlies Brazil, the Brazilian legal regime forms the paper’s principal focus. The importance of the region makes the need for accurate information crucial. Yet relying on such information to manage a complex resource presents risks. Too often, the role of uncertainty in regulating is underplayed. Increasing knowledge over the resource demands categorizing “hard” and “soft” uncertainties, especially those presented by climate change. In addition, regulators must acknowledge the unitary nature of the aquifer while remaining sensitive to differing national priorities.

Number of Pages in PDF File: 11

Keywords: Guarani Aquifer, hard uncertainty, soft uncertainty, climate change, Guarani Accord, Brazil, transboundary groundwater, groundwater, Brazil, environmental law, international law, water law, international water law,Guarani Aquifer System

JEL Classification: K32, K33, K11, K39, Q24, Q25, Q28, Z00, L50, N50, N56

Accepted Paper Series