Sindico F and Hawkins S, ‘The Guarani Aquifer Agreement and Transboundary Aquifer Law in the SADC: Comparing Apples and Oranges?’ (2015) 24 Review of European, Comparative & International Environmental Law 318
The paper compares the Guarani Aquifer Agreement in Latin America with international legal instruments applicable to the management of transboundary aquifers in the Southern African Development Community (SADC). The comparison gives rise to the underlying question of whether radically different legal arrangements in different contexts can and should be compared in international environmental law. We conclude that such a comparison is useful only if undertaken as a process of knowledge acquisition, as such a broad comparative exercise is limited in its ability to produce direct policy recommendations. Gaining knowledge of regional governance practices in relation to differing aquifer characteristics is particularly important in this underdeveloped area, as discussions regarding the future for transboundary aquifer law are gaining momentum at the international level.
A short video presenting the paper can be found here: