Interstate Arbitration and the Peaceful Resolution of Transboundary Fresh Water Disputes

Interstate Arbitration and the Peaceful Resolution of Transboundary Fresh Water Disputes
Author: Tamar Meshel
Publisher:
Total Pages: 26
Release: 2020
Genre:
ISBN:

Predictions that interstate fresh water disputes will increase in the future have led to a vast body of research on tools and techniques to manage shared freshwater resources so as to prevent such disputes from arising, however relatively little attention has been paid to the need for effective ways to resolve such disputes peacefully if and when they do arise. History suggests that States usually attempt to resolve fresh water disputes by way of 'non-legal' processes such as negotiation or mediation. However, such mechanisms are not always effective or efficient and may lead to deadlock. Arbitration, on the other hand, can provide an effective yet flexible process for the resolution of such disputes, but it has been rarely employed or even considered in this context. This paper sets out to examine the potential for arbitration to be effectively employed by States in the resolution of fresh water disputes. It first describes the unique nature of these disputes, briefly examines the international law principles governing them as well as the main mechanisms used for their resolution, and evaluates their adequacy. It then suggests a new approach to interstate arbitration, intended to 'revive' it in the context of fresh water dispute resolution. This approach calls for a return to the original purpose and 'true nature' of arbitration, which rather than constituting a purely 'legal' mechanism similar to judicial settlement was intended to be a more flexible, just, and 'quasi-diplomatic' alternative to it. It also sets out to revamp the Optional Rules for Arbitration of Disputes Relating to Natural Resources and/or the Environment of the Permanent Court of Arbitration and adapt them to the specific context of fresh water disputes and the original quasi-diplomatic spirit of arbitration.

The Evolution of Interstate Arbitration and the Peaceful Resolution of Transboundary Freshwater Disputes

The Evolution of Interstate Arbitration and the Peaceful Resolution of Transboundary Freshwater Disputes
Author: Tamar Meshel
Publisher:
Total Pages: 0
Release: 2017
Genre:
ISBN:

There is no single natural resource on which the world depends more than freshwater. Unfortunately, climate change, depletion of resources, population growth, unequal distribution, and inefficient use all mean that freshwater is rapidly becoming a scarce resource, aptly named the “Blue Gold.” Further fueling the competition over freshwater is the fact that many of the freshwater resources available for human consumption are not contained within national borders, but are rather unevenly distributed among two or more states. As states strive to take advantage of shared freshwater passing through their territory, they often disregard or harm the interests of other states and disputes may arise as a result. Moreover, even though the core principles of international water law, designed to prevent and resolve such disputes, are commonly viewed as forming part of customary international law, their interpretation remains controversial and the main multilateral treaty codifying them has failed to gain wide acceptance. Therefore, transboundary freshwater disputes (TFDs) may not be readily solved by juridical decisions and states might be reluctant to submit these for legal resolution by an international court. Rather, they most attempt to resolve these by way of bilateral negotiation or non-binding third-party mechanisms such as mediation, conciliation, and good offices. However, such mechanisms are not always effective in resolving TFDs, while arbitration presents an effective and flexible alternative for such resolution. This article therefore sets out to examine the potential of arbitration to be effectively employed by states in the resolution of TFDs.

Resolution of International Water Disputes

Resolution of International Water Disputes
Author: Permanent Court of Arbitration. International Bureau
Publisher: Kluwer Law International B.V.
Total Pages: 458
Release: 2003-01-01
Genre: Law
ISBN: 9041120297

This fifth volume in the Permanent Court of Arbitration/Peace Palace Papers series reproduces the work of the 6th International Law Seminar held at the Peace Palace on November 8, 2002. The Seminar's distinguished panelists and participants focused on the settlement of international disputes over that most essential of natural resources water. They explored a range of questions: Which settlement mechanisms are most promising in the field of transboundary freshwater disputes? Is adjudication a suitable method of apportioning water rights which are vital not only to human life, but to the agriculture and industry of every nation on the planet? Given the need for "win-win" solutions to most water disputes, are negotiation and regional cooperation the only realistic and viable methods for settling them? What is the potential role of conciliation, mediation, good offices and other ad hoc mechanisms? This volume also contains the 1997 United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses, a multilateral framework treaty dealing with transboundary freshwater, which provides a variety of tools (such as the submission of disputes to fact-finding commissions) for the peaceful resolution of water disputes.

Transboundary Water Disputes

Transboundary Water Disputes
Author: Itzchak E. Kornfeld
Publisher: Cambridge University Press
Total Pages: 337
Release: 2019-02-21
Genre: Business & Economics
ISBN: 1107186609

A thorough analysis of how effectively international courts and tribunals adjudicate transboundary water disputes, using detailed case studies.

Resolution of International Water Disputes

Resolution of International Water Disputes
Author: Professor Surya P. Subedi
Publisher:
Total Pages: 0
Release: 2011
Genre:
ISBN:

This fifth volume in the Permanent Court of Arbitration/Peace Palace Papers series reproduces the work of the 6th International Law Seminar held at the Peace Palace on November 8, 2002. The Seminar's distinguished panelists and participants focused on the settlement of international disputes over that most essential of natural resources water. They explored a range of questions: Which settlement mechanisms are most promising in the field of transboundary freshwater disputes? Is adjudication a suitable method of apportioning water rights which are vital not only to human life, but to the agriculture and industry of every nation on the planet? Given the need for "win-win" solutions to most water disputes, are negotiation and regional cooperation the only realistic and viable methods for settling them? What is the potential role of conciliation, mediation, good offices and other ad hoc mechanisms? This volume also contains the 1997 United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses, a multilateral framework treaty dealing with transboundary freshwater, which provides a variety of tools (such as the submission of disputes to fact-finding commissions) for the peaceful resolution of water disputes.

Use of Experts in International Freshwater Disputes

Use of Experts in International Freshwater Disputes
Author: Makane Moise Mbengue
Publisher: BRILL
Total Pages: 102
Release: 2019-10-29
Genre: Law
ISBN: 9004420436

In Use of Experts in International Freshwater Disputes Mbengue and Das offer a critical assessment of the involvement of experts in resolving international water disputes. Through case studies, they identify the lacunae as well as good practices in expert use in disputes of this nature.

International Law and Transboundary Fresh Water Resources

International Law and Transboundary Fresh Water Resources
Author: Tamar Meshel
Publisher:
Total Pages: 0
Release: 2018
Genre:
ISBN:

Transboundary fresh water resources are rapidly depleting while human dependency on them continues to grow, suggesting that disputes between states over such resources are increasingly likely to arise. Whereas the dominant focus in the literature is on preventing transboundary fresh water disputes, this thesis addresses the complementary need for effective resolution of such disputes if and when they do arise. Scholarship and practice tend to belittle the utility of international law principles and dispute resolution mechanisms in this context. After identifying possible extra-legal reasons for the limited role of international law in the resolution of transboundary fresh water disputes, the thesis turns to the possible legal reasons. It examines, first, the applicable principles of international water law and, second, the available dispute resolution mechanisms. Findings from an original database of transboundary fresh water disputes that arose between 1920 and 2017 around the world lead to a conceptual reassessment of the roles that the principles of equitable and reasonable utilization and no significant harm are conventionally understood to play. The thesis proposes a reformulation of these two principles, together with the duty to cooperate, that might better guide states in the resolution of transboundary fresh water disputes. The thesis then canvasses the types of dispute resolution mechanisms available to states, and argues that restoring an earlier form of arbitration as a quasi-diplomatic process would increase the appeal and potential effectiveness of this mechanism, given the unique character of transboundary fresh water disputes. Finally, the ongoing Nile River dispute between Ethiopia and Egypt is used to illustrate the difference that the proposed reforms might make in the resolution of this, and other, transboundary fresh water disputes.

The Role of Law in Transboundary River Basin Disputes

The Role of Law in Transboundary River Basin Disputes
Author: Chukwuebuka Edum
Publisher: Taylor & Francis
Total Pages: 174
Release: 2023-12-22
Genre: Law
ISBN: 1003834949

This book examines the role legal rules play in the resolution of disputes in transboundary river basins. When states fail to resolve disputes over shared water resources, many cast such failures on inadequate or ineffective legal rules. With this view in mind, this book examines the role that legal rules do, and can, play in aiding the peaceful settlement of disputes and furthering cooperation between different parties. Building on the interactional theory of law, this book formulates three analytical frameworks: the effect of norm-generating processes, the effects of water-related agreements and/or arrangements in the basins, and the effect of international water. It uses these frameworks to assess the role of law in the processes of cooperation and peaceful settlement of disputes on transboundary river basin by drawing on four illustrative case studies: the Jordan River Basin, the Nile River Basin, the Mekong River Basin, and the Indus River Basin. In doing so, this book presents a unique perspective on the multi-functional role of legal rules in those processes. Tapping into the global discussion on water security and water-related conflicts, this book stimulates readers to explore broader or interdisciplinary perspectives for understanding water-related issues. This book will be of great interest to students and scholars interested in water resource management, water law, environmental politics, conflict resolution, and sustainable development more generally.

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.

Transboundary Freshwater Dispute Resolution

Transboundary Freshwater Dispute Resolution
Author: Heather L. Beach
Publisher:
Total Pages: 0
Release: 2000
Genre: Transboundary pollution
ISBN: 9789280810387

This book provides a comprehensive review of the relevant literature on managing conflicts stemming from the quantity and quality problems of water around the world. So far, few comprehensive and interdisciplinary analyses of such international surface water conflicts have been produced. The literature surveyed indicates that while in many areas there has been extensive research and analysis, there continues to be a need for more studies on the specific situations that lead to conflicts over water and other environment resources. Lateral learning, an attempt to understand the similarities between all conflicts over natural resources, will lend itself to future applications in predicting and preventing these conflicts. A survey of internati9nal watersheds provides some bibliographical and general data collected from over 200 transboundary watersheds. A subset of case studies of the exhaustive list of international watersheds is examined in greater detain. A related effort is a compilation and analysis of relevant water treaties, and the rationale for their implementations.