International Law for a Water-scarce World

International Law for a Water-scarce World
Author: Edith Brown Weiss
Publisher: Martinus Nijhoff Publishing
Total Pages: 343
Release: 2013
Genre: Law
ISBN: 9789004250406

The fresh water crisis is the new environmental crisis of the 21st century. By 2050, 993 million people are projected to live in cities with perennial water shortages; 3.1 billion will confront seasonal water shortages within their urban areas. The traditional legal principles upon which existing water management is based are likely to be insufficient to deal with the water problems that loom from projected climate change, population growth, food production, increased industrialization, and ecosystem needs.

International Law of Water Resources

International Law of Water Resources
Author: Slavko Bogdanović
Publisher: Martinus Nijhoff Publishers
Total Pages: 476
Release: 2001-06-20
Genre: Law
ISBN: 9789041116239

Effectively managing increasingly scarce transboundary water resources in many parts of the world may become one of the most critical challenges facing the international community in the 21st century. Global warming is expected to exacerbate the existing problems of water scarcity in Africa, the Middle East and Central Asia, and threatens to affect even relatively water-secure regions and countries. Global freshwater resources are shrinking at an increasing pace. Forty percent of the world's population depends on transboundary water resources, a situation that raises serious concerns at the international level. Unresolved issues of water resource use and allocation may create the potential for serious interstate conflicts and undermine regional stability. It is imperative that existing and potential disputes over access to shared water resources are resolved through peaceful means within the framework of legal principles and norms provided by international law. While not yet in force, the 1997 UN Convention on the Law of the Non-Navigational Uses of International Watercourses codifies a number of rules of customary law that apply to international watercourses. However, even in the absence of a universally ratified instrument there is a body of international rules widely acknowledged as an authoritative statement of international law governing international watercourses - the International Law Association (ILA) rules on the law of international water resources. The present book, which contains the complete collection of the ILA rules on international water resources, together with comments, explanatory notes and other supporting materials, will be of significant academic and practical value to the range of experts working in this field. There is no doubt that legal scholars and researchers will find this book very helpful in discovering the conceptual underpinings and the evolution of international water law. For the practitioners, this collection will serve as a useful reference tool containing a wealth of 'black letter' normative material.

The Scarcity of Water, Emerging Legal and Policy Responses

The Scarcity of Water, Emerging Legal and Policy Responses
Author: Edward Brans
Publisher: Kluwer Law International B.V.
Total Pages: 324
Release: 1997-05-14
Genre: Law
ISBN: 904110657X

The threat of water scarcity touches human populations and ecosystems worldwide. This work overviews the various legal responses to conflicts involving water as a resource. It addresses the continuous development of water law in the face of new water shortage scares. The distinguished team of contributors analyses the nature of the problem, international water law, legal and policy responses to water scarcity in selected regions, and the emergence of a new body of economic water law. Contributing experts in the field of water law and policy reveal the diverse and dynamic development of water law and the interaction between the legal and policy responses at the international, regional, and national levels. A result of the conference `Scarcity of Water, International, European and National Legal Aspects' held at the Faculty of Law of the Erasmus University, Rotterdam in October 1995, this book also contains a selection of papers presented at the conference.

International Law of Water Resources

International Law of Water Resources
Author: Slavko Bognanovic
Publisher: BRILL
Total Pages: 468
Release: 2021-12-28
Genre: Law
ISBN: 9004481982

Effectively managing increasingly scarce transboundary water resources in many parts of the world may become one of the most critical challenges facing the international community in the 21st century. Global warming is expected to exacerbate the existing problems of water scarcity in Africa, the Middle East and Central Asia, and threatens to affect even relatively water-secure regions and countries. Global freshwater resources are shrinking at an increasing pace. Forty percent of the world's population depends on transboundary water resources, a situation that raises serious concerns at the international level. Unresolved issues of water resource use and allocation may create the potential for serious interstate conflicts and undermine regional stability. It is imperative that existing and potential disputes over access to shared water resources are resolved through peaceful means within the framework of legal principles and norms provided by international law. While not yet in force, the 1997 UN Convention on the Law of the Non-Navigational Uses of International Watercourses codifies a number of rules of customary law that apply to international watercourses. However, even in the absence of a universally ratified instrument there is a body of international rules widely acknowledged as an authoritative statement of international law governing international watercourses - the International Law Association (ILA) rules on the law of international water resources. The present book, which contains the complete collection of the ILA rules on international water resources, together with comments, explanatory notes and other supporting materials, will be of significant academic and practical value to the range of experts working in this field. There is no doubt that legal scholars and researchers will find this book very helpful in discovering the conceptual underpinings and the evolution of international water law. For the practitioners, this collection will serve as a useful reference tool containing a wealth of 'black letter' normative material.

Freshwater Access from a Human Rights Perspective

Freshwater Access from a Human Rights Perspective
Author: Knut Bourquain
Publisher: BRILL
Total Pages: 268
Release: 2008-10-31
Genre: Law
ISBN: 9047431464

Insufficient access to a basic water supply is not an unavoidable consequence of water scarcity. In fact, arid countries possess enough resources to fulfil the basic water needs of their populations and there are people in water rich countries suffering from water stress, too. Thus, insufficient freshwater access mainly can be seen as a problem of allocation and mismanagement. This book comprehensively analyses the appropriateness of a human rights-based approach in safeguarding basic water supplies and determines its legal basis in international law. Arriving at the conclusion that international water law does not adequately consider individual water needs, the study identifies applicable human rights and examines the concrete standard of protection they provide. In view of the deficits of current international water and human rights law, the study discusses concepts deemed to strengthen a human rights-based approach to freshwater access by considering both their formal legal appropriateness as well as their suitability in legal reality.

International Law and Freshwater

International Law and Freshwater
Author: Laurence Boisson de Chazournes
Publisher: Edward Elgar Publishing
Total Pages: 489
Release: 2013-01-01
Genre: Nature
ISBN: 1781005095

ÔFreshwater is an essential resource. This book offers a comprehensive international look at diverse issues arising from water use for human consumption, agriculture, energy, industry, waste disposal and ecosystem conservation. The contributions, written primarily but not exclusively by legal experts, are highly informed and insightful. In addition to more traditional topics, they address the WTO and natural resources, EthiopiaÕs large-scale commercial farms, and aquifer management in the Geneva region and Latin America. An important read for scholars, policy-makers, and concerned citizens.Õ à Edith Brown Weiss, Georgetown University, US ÔThis excellent book covers the important legal and political perspectives on the worldÕs freshwater resources. The chapters, written by distinguished experts from academia and practice, systematically address issues of economics, environment, sovereignty over resources, energy, conflict resolution, and in addition offer some in depth case studies. A wonderful book and compulsory reading for who needs to have the full picture of the complex international dynamics of freshwater in our time.Õ à Catherine Bršlmann, University of Amsterdam, The Netherlands ÔThis volume provides a masterful investigation of the multiple points of interaction between freshwater and international law, and compelling and insightful analyses of such interactions bearing out and substantiating the thrust of the volume à mapping out the Òmultiple challengesÓ facing international law in its water governance role at different, relevant scales à global, regional and sub-regional. The volumeÕs focus on these Òmultiple challengesÓ is particularly welcome at a time when the planetÕs freshwater endowment is coming under increasing pressure from a multiplicity of factors, forcing policymakers, lawmakers, government negotiators and private-sector players on the water scene to challenge well-established behavioural and regulatory patterns, domestically and in relation to transboundary inter-State relations. In its stimulating multifarious approach, the volume offers fresh and insightful perspectives of some tested facets of the water governance role of international law, dealing with rivers, lakes and groundwater aquifers shared by a multiplicity of States. Some novel facets like, notably, the human right to water, trans-national trade in land and water resources, the rights of local communities, and State succession to water treaties, are also canvassed masterfully, adding to the value of the volume not only to international water law specialists, but also to the vast and growing population of water professionals in general. In sum, the volume is a must for all those who know and practise international and domestic water law, who influence the international water governance debate at the global, regional, and sub-regional scales, and who, in general, interact with water resources in the transboundary but also in the domestic setting of their respective countries.Õ à Stefano Burchi, Chairman of the International Association for Water Law à AIDA ÔEssential as it is to human life, over one billion people currently lack access to safe drinking water and by 2025 this group could grow to three billion. Nowhere is this situation more critical than in the over 260 international drainage basins shared by two or more states where more than half of the worldÕs population will reside by the year 2050. International Law and Freshwater is an outstanding piece of legal and policy scholarship that poignantly, thoughtfully and effectively addresses the who, what, where, when and how of international waters governance and international law.Õ à Richard Kyle Paisley, University of British Columbia, Canada The issues surrounding water embody some of the greatest challenges of the 21st century. The editors of this timely book have brought together the leading authors in the field to explore the key questions involving international law and water governance. International Law and Freshwater connects recent legal developments through the breadth and synergies of a multidisciplinary analysis. It addresses such critical issues as water security, the right to water, international cooperation and dispute resolution, State succession to transboundary watercourse treaties, and facets of international economic law, including trade in Ôvirtual waterÕ and the impacts of Ôland grabsÕ. Containing detailed analysis and thought-provoking solutions, this book will appeal to researchers and academics working in the legal field, as well as international relations and natural sciences. Water practitioners, public officials, diplomats and students will also find much to interest them in this insightful study.

International Water Law and the Quest for Common Security

International Water Law and the Quest for Common Security
Author: Bjorn-Oliver Magsig
Publisher: Routledge
Total Pages: 291
Release: 2015-03-24
Genre: Law
ISBN: 1317596781

The world’s freshwater supplies are increasingly threatened by rapidly increasing demand and the impacts of global climate change, but current approaches to transboundary water management are unsustainable and may threaten future global stability and international security. The absence of law in attempts to address this issue highlights the necessity for further understanding from the legal perspective. This book provides a fresh conceptualisation of water security, developing an operational methodology for identifying the four core elements of water security which must be addressed by international law: availability; access; adaptability; and ambit. The analysis of the legal framework of transboundary freshwater management based on this contemporary understanding of water security reveals the challenges and shortcomings of the current legal regime. In order to address these shortcomings, the present mindset of prevailing rigidity and state-centrism is challenged by examining how international legal instruments could be crafted to advance a more flexible and common approach towards transboundary water interaction. The concept of considering water security as a matter of ‘regional common concern’ is introduced to help international law play a more prominent role in addressing the challenges of global water insecurity. Ways for implementing such an approach are proposed and analysed by looking at international hydropolitics in Himalayan Asia. The book analyses transboundary water interaction as a ‘case study’ for advancing public international law in order to fulfil its responsibility of promoting international peace and security.

The Law of International Watercourses

The Law of International Watercourses
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.

Water Trading and Global Water Scarcity

Water Trading and Global Water Scarcity
Author: Josefina Maestu
Publisher: Routledge
Total Pages: 378
Release: 2013
Genre: Business & Economics
ISBN: 0415638216

Water scarcity is an increasing problem in many parts of the world, yet conventional supply-side economics and management are insufficient to deal with it. One of the key water management options for water demand is water trading. This book explores the role of water trading, as an instrument of integrated water resources management.

Trade in Water Under International Law

Trade in Water Under International Law
Author: Fitzgerald Temmerman
Publisher: Edward Elgar Publishing
Total Pages: 271
Release: 2017-07-28
Genre: Law
ISBN: 178536913X

It is clear that more sustainable and efficient use of fresh water resources will become crucial in future global water management to avoid major threats to biological life. Trade in Water Under International Law offers a careful and well-reasoned introduction and analysis of this emerging and largely unchartered subject of international trade law, which has hitherto been of key importance in domestic law and policy, exploring the potential and limits of addressing the use of water resources in the context of World Trade Organization law.