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.

The Law of Non-navigational Uses of International Watercourses

The Law of Non-navigational Uses of International Watercourses
Author: Nahid Islam
Publisher: Kluwer Law International B.V.
Total Pages: 538
Release: 2010-01-01
Genre: Law
ISBN: 9041131965

Présentation de l'éditeur : "Despite Asia's large share of global water resources, and the importance of its water for sustaining one of the largest agrarian populations in the world, Asia's trans boundary water resource management regimes are poorly developed. There are only two working international regimes in South and South-east Asia: the Mekong and the Indus regimes. The remaining international watercourses in Asia are used by riparian countries in a self-interested manner, without much consideration for the interests of other states or for the environment. These national interests do not often represent the interests and needs of the local people. This book is divided into three Parts. Part I discusses the different contexts of law-making in the industrialized west and in agrarian societies in Asia, as well as the changing context of law-making following the emergence of the concept of sustainable development. Part II discusses the regime of international watercourses. Part III of the book presents two case studies in Asia: the Mekong and the Ganges. The main argument is that in the absence of public participation in decision-making and resource management, the basin states revert to using the watercourses according to the principles of the classical regime. The result, so far, has been unsustainable development, environmental degradation and growing poverty of local user communities."

Cross-border Water Trade: Legal and Interdisciplinary Perspectives

Cross-border Water Trade: Legal and Interdisciplinary Perspectives
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.

Research Handbook on Freshwater Law and International Relations

Research Handbook on Freshwater Law and International Relations
Author: Mara Tignino
Publisher: Edward Elgar Publishing
Total Pages: 547
Release:
Genre: Electronic books
ISBN: 1785360698

Recent decades have seen pivotal changes in the management and protection of water resources, with human rights, environmental and water law each developing a strong interest in the conservation of fresh water. This surge in interest has meant that dispute settlement mechanisms, along with diplomatic tools, are becoming increasingly necessary for conflict resolution. This Handbook offers an analysis of the interaction between law and various forms of knowledge and expertise, ranging from economics to environmental and social sciences. Leading scholars examine general and specific water legal regimes and analyse the interplay between various disciplines in order to establish the extent to which law is informed by each.

The UN Convention on the Law of the Non-Navigational Uses of International Watercourses

The UN Convention on the Law of the Non-Navigational Uses of International Watercourses
Author: Laurence Boisson de Chazournes
Publisher: Oxford University Press
Total Pages: 653
Release: 2018-12-13
Genre: Law
ISBN: 0191084433

The United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses plays a crucial role in protecting and managing international watercourses and other sources of fresh water. Boisson de Chazournes, Mbengue, Tignino, and Sangbana head a team of experts in this Commentary, examining the travaux préparatoires leading to the Convention and the practice that has developed since the adoption of the Convention in 1997. Tackling the rationale and objectives of the provisions, they offer crucial insights to the Convention's impact on the development of a universal regime for shared water resources. Examining cross-cutting topics such as the core water principles, the prevention and settlement of water disputes, the relationship between the Convention and other legal instruments, as well as the role of the ICJ and other judicial means to solve water disputes, this book is crucial to all those who seek a deep understanding of water law.

International Watercourses Law for the 21st Century

International Watercourses Law for the 21st Century
Author: Surya P.Subedi
Publisher: Routledge
Total Pages: 383
Release: 2016-12-05
Genre: Law
ISBN: 1351926470

This edited volume presents a comprehensive and comparative view of the law of international watercourses with special reference to the issues facing the Ganges River basin. It provides an analysis of the development of international waterways law and outlines the essentials of the UN Convention on non-navigational uses of international watercourses. Focusing on relations between the three riparian states of the River Ganges and the potential for cooperation, the volume also examines the domestic legal regimes of the area and the political dimension to the issues of sharing the waters of the river. The work presents a comparative picture with an analysis of developments in the Rhine and Mekong basins, comparing developments in the legal regimes of these areas with the experience of South Asia. Presenting an up-to-date analysis of the current law and pointing the direction for future developments, this collection will be a valuable resource for academics, researchers and policy makers working in this area.

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.

The International Law Association Helsinki Rules

The International Law Association Helsinki Rules
Author: Slavko Bogdanović
Publisher: BRILL
Total Pages: 116
Release: 2019-01-28
Genre: Law
ISBN: 9004395482

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.

Environmental Protection of International Watercourses under International Law

Environmental Protection of International Watercourses under International Law
Author: Owen McIntyre
Publisher: Routledge
Total Pages: 447
Release: 2016-05-13
Genre: Law
ISBN: 1317142217

McIntyre's work explains the legal means by which requirements of environmental protection influence the determination of a reasonable and equitable regime for allocating rights to riparian states to utilize shared freshwater resources. The work examines the means and processes by which environmental considerations can act upon the operation of the principle of equitable utilization. The volume provides a comprehensive analysis of the subject, outlining the development, scope and operation in general and customary international law of key rules of environmental protection.