Pace University DigitalCommons@Pace Pace Law Faculty Publications School of Law Winter 2013 Hard, Soft & Uncertain: The Guarani Aquifer and the Challenges of Transboundary Groundwater David N. Cassuto Elisabeth Haub School of Law at Pace University Follow this and additional works at: https://digitalcommons.pace.edu/lawfaculty Part of the Comparative and Foreign Law Commons, Environmental Law Commons, Natural Resources Law Commons, and the Water Law Commons Recommended Citation David N. Cassuto & Romulo S.R. Sampaio, Hard, Soft & Uncertain: The Guarani Aquifer and the Challenges of Transboundary Groundwater, 24 Colo. J. Int’l Envtl. L & Pol’y 1 (2013), http://digitalcommons.pace.edu/ lawfaculty/868/. This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Law Faculty Publications by an authorized administrator of DigitalCommons@Pace. For more information, please contact
[email protected]. Articles Hard, Soft & Uncertain: The Guarani Aquifer and the Challenges of Transboundary Groundwater David N. Cassuto & Romulo S.R. Sampaio ABSTRACT This Article begins with an overview of the ecology of the Guarani Aquifer region before turning to the legal and ecological problems it faces. Because the majority of the Guarani Aquifer underlies Brazil (with the rest residing below Argentina, Paraguay, and Uruguay), the laws and policies of Brazil have a significant managerial impact. Consequently, the Brazilian legal regime forms the focus of the first Part of the Article. The Article then analyzes the international transboundary framework before turning to the recently enacted Agreement on the Guarani Aquifer. This Agreement, signed but not yet ratified by four countries, represents a major step forward in transnational cooperation.