Abstract:The "nexus" is a potentially very appropriate approach to enhance resource efficiency and good governance in transboundary basins. Until now, however, evidence has been confined to isolated case studies and the nexus approach remains largely undefined. The methodology presented in this paper, developed for preparing a series of nexus assessments of selected river basins under the Water Convention of the United Nations Economic Commission for Europe (UNECE), is a timely contribution to this ongoing debate. The nexus assessment of a transboundary basin has the objective of identifying trade-offs and impacts across sectors and countries and to propose possible policy measures and technical actions at national and transboundary levels to reduce intersectoral tensions. This is done jointly with policy makers and local experts. Compared to an Integrated Water Resource Management approach, the water energy food ecosystems nexus approach concurrently considers multiple sectors and their evolution. This offers the opportunity to better involve key economic sectors-energy and agriculture in particular-in the dialogue over transboundary water resource uses, protection and management.

The adoption in 2018 of the Escazú Agreement by the countries of the Latin American and Caribbean region marks the second regional legal instrument aimed at the implementation of Principle 10 of the 1992 Rio Declaration, joining the Aarhus Convention of the pan-European region. The international community has settled upon the regional level as the appropriate means for implementing standards related to access to information, public participation, and access to justice in environmental matters. The appropriateness of the regional level is demonstrated by the differences and innovations found in the Escazú Agreement, in its scope and definitions, background principles, burden of proof and protections of environmental defenders and vulnerable populations. Yet, the regional approach also entails risks, as demonstrated by the limitation of the scope of rights for nationals of the country where specific activities are planned or occurring.

The Peace of Westphalia released forces leading to the Industrial Revolution, ultimately freeing sovereign states to develop competing systems of economic development that had in common the uncontrolled exploitation of the environment. Over time, a law of humanity developed in response to the failings of a law of sovereign states in two main spheres: that of the dignity of the individual and that of matters of "common concern" that require a global, humanitarian response. Environmental issues have moved to the forefront of the latter, as can be demonstrated by an examination of terms used in international law to describe environmental matters, and have given rise to new forms of international and transnational cooperation. By being reminded that humanitarian issues of common concern were at the root of the Westphalian shift itself, we see that it is the radical form of sovereignty that developed in the 19th and 20th centuries that in fact proved inadequate. The key questions, therefore, are what the global environmental challenge teaches us about the potential for sovereignty to be "reclaimed" for humanity, and how and whence authoritative norms to modulate sovereignty will arise.

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