Governing International Watercourses
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Author | : Susanne Schmeier |
Publisher | : Routledge |
Total Pages | : 370 |
Release | : 2013 |
Genre | : Law |
ISBN | : 0415623588 |
In this contribution to the academic and policy debates surrounding the management and governance of shared natural resources, the focus is placed on River Basin Organizations as the key institutions for managing internationally shared water resources. The book includes advide to policy makers based on worldwide analysis, and three detailed case studies from three continents: the Senegal (West Africa), Mekong (South-east Asia) and Danube (Europe) rivers.
Author | : Stephen C. McCaffrey |
Publisher | : Oxford University Press, USA |
Total Pages | : 562 |
Release | : 2001 |
Genre | : Law |
ISBN | : |
The Law of International Watercourses examines the rules of international law governing the non-navigational uses of international watercourses. The continued growth of the world's population places increasing demands on Earth's finite supply of fresh water. Because two or more states sharemany of the world's most important drainage basins - including The Danube, The Ganges, The Indus, The Jordan, The Mekong, The Nile, The Rhine, and The Tigris-Euphrates - competition for increasingly scarce fresh water resources is likely to increase. Resulting disputes will be resolved against thebackdrop of the rules of international law governing the use of international watercourses. In addition, these rules are of importance to donor institutions and governments that provide development assistance for projects relating to shared fresh water resources. While the law of international watercourses continues to evolve due to the intensification of use of shared fresh water resources and, consequently, increasingly frequent contacts between riparian states, The basic rules are reflected in the 1997 UN Convention on the law of the non-navigationaluses of international watercourses. This book devotes a chapter to the 1997 Convention but also examines the factual and legal context in which the Convention should be understood, considers the more important rules of the Convention in some depth and discusses specific issues that could not beaddressed in a framework instrument of that kind. In particular, the book studies the major cases and controversies concerning international watercourses as a background against which to consider the basic substantive and procedural rights and obligations of states.
Author | : Tun Myint |
Publisher | : Edward Elgar Publishing |
Total Pages | : 274 |
Release | : 2012-01-01 |
Genre | : Nature |
ISBN | : 1781001480 |
'Employing a sophisticated understanding of the interplay between states and nonstate actors, Tun Myint develops a convincing account of the evolution of governance systems for the Rhine and Mekong river basins. In the process, he not only adds to our knowledge of water management at the international level but also deepens our appreciation of the various roles that nonstate actors play in international environmental governance.' – Oran Young, University of California, Santa Barbara, US 'Comparative studies of great river systems and the politics of their regulation are rare. Far rarer still are comparisons of this historical depth, analytical sophistication, attention to local detail and to the contingencies that make breakthroughs possible. Tun Myint's study of the Rhine and Mekong will inspire and inform future studies of both river and environmental politics.' – James C. Scott, Yale University, US 'This is a must read for scholars and water governance practitioners as it addresses the underexploited role of non-state actors and local citizens in the field of international water governance. The book fills in this knowledge gap by offering an inspiring refinement of the theory of polycentricity. Evidence is found by well written and attractive in depth case studies dealing with the international clean up of the Rhine and the construction of the Pak Mun Dam in the Mekong basin.' – Carel Dieperink, Utrecht University, The Netherlands 'This superb analysis of water governance in the Rhine and Mekong river basins should be read by everyone interested in the challenges of international water management.' – Thomas Bernauer, Swiss Federal Institute of Technology (ETH), Zurich, Switzerland This important book employs the theory of polycentricity, a system with several centres as an analytical concept to explain the multilayered international environmental governance of river basins. It introduces a new methodological framework to deconstruct and investigate the dynamics of citizens, states and non-state actors in world politics via the context of river basin governance. The methodology is tested through in-depth field-based case studies, illustrating how local citizens and industries in the Mekong and Rhine river basins participate in transnational environmental governance at both local and international levels. Tun Myint expertly presents both a methodology and theory to conceive polycentricity of world politics as a major intellectual milestone in theorizing world politics. Providing nuanced details of cases showing the challenges and feasibilities of incorporating multiple actors into a governance framework, the book provides careful analysis into the power of non-state actors. This book will prove insightful for scholars and postgraduate students in international relations, international development, global environmental governance, and international business administration. It will also prove an invaluable resource for practitioners and policymakers.
Author | : Salman M.A. Salman |
Publisher | : BRILL |
Total Pages | : 116 |
Release | : 2019-06-17 |
Genre | : Law |
ISBN | : 9004407456 |
Notification of co-riparian states of planned measures on shared watercourses has been widely accepted as an established principle of international water law, and is codified and elaborated in the United Nations Watercourses Convention. However, despite this wide acceptance, differences have arisen on operationalizing notification, including on which riparians are required to undertake notification, and which riparians are entitled to it. Issues have also arisen on how to deal with the different types of responses that may ensue following notification. The World Bank has been financing projects on international watercourses since its inception in 1946, and has built an extensive wealth of policies and experience in this field. This monograph discusses the historical and legal foundations of notification under international law, analyzes the policies and implementation experience of the World Bank thereon, and identifies comparators and synergies between the provisions of the Watercourses Convention and the Bank policies and practice.
Author | : Philine Wehling |
Publisher | : Springer Nature |
Total Pages | : 324 |
Release | : 2020-06-25 |
Genre | : Law |
ISBN | : 3662607964 |
The book provides a comprehensive assessment of the law governing the use and management of the Nile and considers, more broadly, how international water law can guide the development of a legal and institutional framework for cooperation over shared freshwater resources. It defines the current state of international water law and discusses the content of the United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses. On this basis, it assesses the Nile water treaties and the 2010 Cooperative Framework Agreement for the Nile, and examines their compliance with international law, with a specific focus on the legal consequences of South Sudan's secession from Sudan. Moreover, the book recommends important amendments to the 2010 Agreement. Building on these recommendations, it addresses the implementation of the principle of equitable and reasonable use regarding the Nile, illustrating the extent to which the principle can provide a conceptual framework for regulating water use. The book is a valuable resource for academics and practitioners alike as it combines legal assessment with a discussion of how international water law principles can be implemented in practice.
Author | : Laurence Boisson de Chazournes |
Publisher | : Oxford University Press, USA |
Total Pages | : 545 |
Release | : 2018 |
Genre | : Law |
ISBN | : 0198778767 |
The UN Convention on the Law of the Non-Navigational Uses of International Watercourses is crucial for protecting sources of fresh water. Examining the settlement of water disputes, relationships between legal instruments, and the role of the courts in resolving disagreements, this book is vital to all who seek a deep understanding of water law.
Author | : Zeray Yihdego |
Publisher | : Brill Research Perspectives in |
Total Pages | : 96 |
Release | : 2020-09-24 |
Genre | : Law |
ISBN | : 9789004444706 |
Implementing International Watercourses Law through the WEF Nexus and SDGs: An Integrated Approach Illustrated in the Zambezi River Basin offers an innovative approach to the implementation of international water law (IWL) through integration of the law, the WEF Nexus and SDGs.
Author | : Tadesse Kassa Woldetsadik |
Publisher | : Routledge |
Total Pages | : 389 |
Release | : 2013-06-26 |
Genre | : Law |
ISBN | : 1135126941 |
The Nile River and its basin extend over a distinctive geophysical cord connecting eleven sovereign states from Egypt to Tanzania, which are home to an estimated population of 422.2 million people. The Nile is an essential source of water for domestic, industrial and agricultural uses throughout the basin, yet for more than a century it has been at the centre of continuous and conflicting claims and counter-claims to rights of utilization of the resource. In this book the author examines the multifaceted legal regulation of the Nile. He re-constructs the legal and historical origin and functioning of the British Nile policies in Ethiopia by examining the composition of the Anglo-Ethiopian Treaty of 1902, and analyses its ramifications on contemporary riparian discourse involving Ethiopia and Sudan. The book also reflects on two fairly established legal idioms - the natural and historical rights expressions – which constitute central pillars of the claims of downstream rights in the Nile basin; the origin, essence and legal authority of the notions has been assessed on the basis of the normative dictates of contemporary international watercourses law. Likewise, the book examines the non-treaty based claims of rights of the basin states to the Nile waters, setting out what the equitable uses principle entails as a means of reconciling competing riparian interests, and most importantly, how its functioning affects contemporary legal settings. The author then presents the concentrated diplomatic movements of the basin states in negotiations on the Transitional Institutional Mechanism of the Nile Basin Initiative (NBI) - pursued since the 1990’s, and explains why the substance of water use rights still continued to be perceived diversely among basin states. Finally, the specific legal impediments that held back progress in negotiations on the Nile Basin Cooperative Framework are presented in context.
Author | : Lei Xie |
Publisher | : Routledge |
Total Pages | : 215 |
Release | : 2017-12-06 |
Genre | : Political Science |
ISBN | : 1134973861 |
China has forty major transboundary watercourses with neighbouring countries, and has frequently been accused of harming its downstream neighbours through its domestic water management policies, such as the construction of dams for hydropower. This book provides an understanding of water security in Asia by investigating how shared water resources affect China’s relationships with neighbouring countries in South, East, Southeast and Central Asia. Since China is an upstream state on most of its shared transboundary rivers, the country’s international water policy is at the core of Asia’s water security. These water disputes have had strong implications for China’s interstate relations, and also influenced its international water policy alongside domestic concerns over water resource management. This book investigates China’s policy responses to domestic water crises and examines China’s international water policy as well as its strategy in dealing with international cooperation. The authors describe the key elements of water diplomacy in Asia which demonstrate varying degrees of effectiveness of environmental agreements. It shows how China has established various institutional arrangements with neighbouring countries, primarily in the form of bilateral agreements over hydrological data exchange. Detailed case studies are included of the Mekong, Brahmaputra, Ili and Amur rivers.
Author | : Piotr Szwedo |
Publisher | : BRILL |
Total Pages | : 402 |
Release | : 2018-11-12 |
Genre | : Law |
ISBN | : 9004382895 |
Cross-border Water Trade: Legal and Interdisciplinary Perspectives is a critical assessment of one of the growing problems faced by the international community — the global water deficit. Cross-border water trade is a solution that generates ethical and economic but also legal challenges. Economic, humanitarian and environmental approaches each highlight different and sometimes conflicting aspects of the international commercialization of water. Finding an equilibrium for all the dimensions required an interdisciplinary path incorporating certain perspectives of natural law. The significance of such theoretical underpinnings is not merely academic but also quite practical, with concrete consequences for the legal status of water and its fitness for international trade.