This paper examines the legal and ecological problems facing the Guarani Aquifer System. Because the majority of the Guarani Aquifer System underlies Brazil, the Brazilian legal regime forms the paper’s principal focus. The importance of the region makes the need for accurate information crucial. Yet relying on such information to manage a complex resource presents risks. Too often, the role of uncertainty in regulating is underplayed. Increasing knowledge over the resource demands categorizing “hard” and “soft” uncertainties, especially those presented by climate change. In addition, regulators must acknowledge the unitary nature of the aquifer while remaining sensitive to differing national priorities.
David N. Cassuto & Romulo S.R. Sampaio, Keeping It Legal: Transboundary Management Challenges Facing Brazil and the Guarani, 36 Water Int’l 661 (2011), http://digitalcommons.pace.edu/lawfaculty/792/.