Деятельность неправительственных международных организаций как предпосылка совершенствования законодательства об охране озера Байкал

Abstract

The reported study aims to analyze the instruments adopted by international environmental non-governmental organizations in the sphere of protection and sustainable use of water resources. The structure of the World Water Council and its principal outcomes are reviewed. The practice of holding the World Water Forum is analyzed due to its rare coverage in Russian legal literature. Primary attention is paid to the outcomes of the Forum in the form of declarations. The activities of the International Water Resources Association are reviewed, particularly the outcomes of the 16th World Water Congress. The above mentioned international experience is extrapolated to the problems of Baikal’s legal protection. The documents adopted by the mentioned forums are proposed to be used as an inspiration and model for the legislative improvements in Baikal’s legal regime. For instance, the Ministerial Declaration “An urgent call for decisive action on water”, adopted at the 8th World Water Forum stresses the public attention on the issues of climate change and encourages the states to take into account this global problem in national water strategies. However, due to various reasons, the climate change issues are completely out of the legal discourse of Baikal protection. The Sustainability Declaration of the Forum has a significant potential for legislative and political improvements. Its 8th recommendation calls for business to value and mainstream water into its strategies, materiality and decision making process and share good practices in water management. Baikal’s business community’s commitment to the goals of sustainable development (in the form of Declaration) would be a useful politico-legal instrument within the lake’s legal regime. The outcomes of the 16th World Water Council in Cancun hosted by International Water Resources Association may also be a premise for the improvement of environmental policy and legislation in Baikal region. Among the most fruitful ideas of the forum is the acknowledgment of the pivotal role of scientific expertise in the environmental policy-making. The management system of Lake Baikal clearly needs an expert council, exercising advisory powers in respect to all the regulatory instruments concerning the ecosystem of the lake.