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.

Nile Water Rights

Nile Water Rights
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.

The Community of Interest Approach in International Water Law

The Community of Interest Approach in International Water Law
Author: Julie Gjørtz Howden
Publisher: International Water Law
Total Pages: 243
Release: 2020
Genre: Law
ISBN: 9789004426313

"In The Community of Interest Approach in International Water Law, Julie Gjørtz Howden identifies the normative elements of the community of interest approach (COIA) in international water law, and demonstrates how the approach can provide a legal framework for common management of international watercourses. Through analyses of various features of international watercourse cooperation and common management, the book determines the main principles and the underlying values of the COIA, and discusses how the approach contributes to the development of international water law. Although the COIA is one of the central theories of international water law, very few analytical accounts of its legal features exist. Through The Community of Interest Approach in International Water Law, Howden offers a new and fresh approach to international water law that pulls together questions of holistic management, State sovereignty, public participation and river basin organisations into the analyses of the COIA and its relevance for managing transboundary watercourses today"--

Routledge Handbook of Water Law and Policy

Routledge Handbook of Water Law and Policy
Author: Alistair Rieu-Clarke
Publisher: Taylor & Francis
Total Pages: 435
Release: 2017-02-24
Genre: Law
ISBN: 1317309138

Water plays a key role in addressing the most pressing global challenges of our time, including climate change adaptation, food and energy security, environmental sustainability and the promotion of peace and stability. This comprehensive handbook explores the pivotal place of law and policy in efforts to ensure that water enables positive responses to these challenges and provides a basis for sound governance. The book reveals that significant progress has been made in recent decades to strengthen the governance of water resource management at different scales, including helping to address international and sub-national conflicts over transboundary water resources. It demonstrates that ‘effective’ laws and policies are fundamental drivers for the safe, equitable and sustainable utilization of water. However, it is also shown that what might constitute an effective law or policy related to water resources management is still hotly debated. As such, the handbook provides an important and definitive reference text for all studying water governance and management.

International Law and Transboundary Aquifers

International Law and Transboundary Aquifers
Author: Francesco Sindico
Publisher: Edward Elgar Publishing
Total Pages: 208
Release: 2020-12-25
Genre: Law
ISBN: 1788117638

Groundwater amounts to 97% of available global freshwater resources. Emphasising the crucial importance of this in the context of increasing population, climate change and the overall global water crisis, Francesco Sindico offers a comprehensive study of the emerging body of international law applicable to transboundary aquifers.

The International Law Association Helsinki Rules

The International Law Association Helsinki Rules
Author: Slavko Bogdanović
Publisher: Brill Research Perspectives in
Total Pages: 116
Release: 2019
Genre: Law
ISBN: 9789004395473

Although the International Law Association (ILA) was established in 1873, it only turned its attention to the internationally shared water resources in 1954, when its half-century study of the applicable principles and rules of international law thereon began. The first ILA committee assigned to this task was the Rivers Committee, which, after a decade of intensive study and through several resolutions and statements, arrived unanimously at a set of articles reflecting customary international law, known as the Helsinki Rules on the Uses of the Waters of International Rivers.The Helsinki Rules, approved at the ILA 1966 Helsinki Conference, were soon widely accepted across the Globe as a non-binding authoritative source of international water law. This monograph traces the work of the ILA leading to the Helsinki Rules, analyses the Rules, and identifies their influence on and contribution to the evolution of international water law.

The Human Right to Water and International Economic Law

The Human Right to Water and International Economic Law
Author: Roberta Greco
Publisher:
Total Pages: 273
Release: 2022-05-06
Genre: Foreign trade regulation
ISBN: 9780367505806

This book discusses the international right to water and the liberalization of water services. It is concerned with the harmonization of the right to water with the legal systems under which liberalization of water services has taken or may take place. It assesses paths of harmonization between international human rights law and international economic law in this specific field. The issue of the compatibility between the fulfilment of the right to water and the liberalization of water services has been at the heart of a passionate public debate between opponents and advocates of the privatization of the utility. The book provides an unbiased analysis of different international legal regimes under which the liberalization of water services has occurred or is likely to occur, notably international investment law, international trade law and European Union law, in order to assess whether the main features of the right to water can be guaranteed under each of these systems of law and whether there is space for prospective harmonization. The work will be an invaluable resource for academics, researchers and policy-makers working in the areas of International Human Rights Law, International Economic Law, International Water Law, International Trade Law and EU Law.

Implementing International Watercourses Law Through the WEF Nexus and SDGs

Implementing International Watercourses Law Through the WEF Nexus and SDGs
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.

International Law for Freshwater Protection

International Law for Freshwater Protection
Author: Agnes Chong
Publisher: International Water Law
Total Pages: 407
Release: 2022
Genre: Law
ISBN: 9789004511828

Introduction -- Freshwater protection regime -- Definitions of freshwater protection -- Rules and principles of international water law -- The relationship between equitable utilisation and no-harm -- The international jurisprudence on "due regard" -- The non-applicability of hierarchical norms under international law -- The due diligence obligation -- Case study of the mekong river commission -- Conclusion.

International Law and Sustainable Development

International Law and Sustainable Development
Author: Alistair Rieu-Clarke
Publisher: IWA Publishing
Total Pages: 268
Release: 2005-11-01
Genre: Science
ISBN: 1843390752

Implementing the goal of sustainable development has long been heralded as the means by which the needs of both present and future generations can be met. However, finding a long-term balance between economic, social and environmental interests, the basic tenet of sustainable development, has proved largely illusive in practice. This book shows that while a number of legal frameworks to help promote the goal of sustainable development have been proposed at the international level they fail to fully capture the essence of sustainable development and international law's capacity to support its implementation. The book offers a critical analysis of past attempts to develop legal frameworks for promoting sustainable development at the international level, and advocates for a fresh approach based on lessons learnt from the law of international watercourses. The book is divided into four sections. The first section includes an overview of the topic area and an understanding of international law. In section two the book explores the meaning of sustainable development and considers the term's relationship with international law. A detailed analysis of how the law of international watercourses seeks to reconcile competing economic, social and environmental interests is carried out in section three. The book concludes with a section advocating the need for a fresh approach to international law and sustainable development and offering the foundations for this approach based on lessons learnt from the law of international watercourses.