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At the same time, it is important to remember that the nexus still lacks the internationally recognized status that is enjoyed, for instance, by Integrated Water
Resources Management. In order to change this, the nexus should be more clearly
implemented in international treaty regimes, agreements, and processes. While the
ECE Water Convention regime has led the way in this respect and transboundary
water agreements can provide such a context at a regional level, it appears that on a
global scale the Sustainable Development Goals (see Sect. 3.7) provide a common
platform for advancing both the cross-sectoral role of law and the objectives of the
nexus. The 2030 Agenda for Sustainable Development emphasizes the importance
of international law and regional cooperation for sustainable development and—
despite its sectoral structure—includes several interlinked goals relating to water,
energy, and food (UN 2017).
Key Points
• Governance can be understood as a process by which organizations and other
groups of people make and implement decisions, policies, and rules. International
governance for FEW consists of key actors (such as the United Nations organizations and WTO) and key institutions (such as international laws and treaties) that
together form the general framework for FEW governance.
• International law does not include many explicit interlinkages between the water,
energy, and food sectors. Instead, the food–energy–water nexus consists of a
fragmented body of provisions in different sectors, in different areas of law and
with different legal functions.
• While different legal provisions in international water, energy, and food law
often have only implicit connections to other two sectors, the importance of the
nexus approach and cross-sectoral linkages are more explicitly expressed in soft
law instruments and policy papers. In this regard, perhaps the best example is the
United Nations Economic Commission for Europe guidance on the nexus assessment in transboundary basins.
• International law on water differs in scope and scale from that on energy and
food. International water cooperation may provide a starting-point for the food–
energy–water nexus but watercourse Stated should understand the community of
their interests within and beyond international water law.
• The human rights regime can be seen as a common element connecting all three
themes and providing a general frame in a similar manner to that of the nexus.
Discussion Points and Exercises
1. Which of the following are hard international laws and which soft international
laws?
(a) Agreement on Agriculture.
(b) Convention on the Law of the Non-Navigational Uses of International
Watercourses.
(c) Convention on the Protection and Use of Transboundary Watercourses and
International Lakes.
(d) Energy Charter Treaty.
A. Belinskij et al.
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