Transboundary Freshwater Dispute Resolution
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| 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.
| 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.
| Author | : Ahmed Abukhater |
| Publisher | : Routledge |
| Total Pages | : 318 |
| Release | : 2013-09-05 |
| Genre | : Political Science |
| ISBN | : 1136171754 |
Examining international water allocation policies in different parts of the world, this book suggests that they can be used as a platform to induce cooperation over larger political issues, ultimately settling conflicts. The main premise is that water can and should be used as a catalyst for peace and cooperation rather than conflict. Evidence is provided to support this claim through detailed case studies from the Middle East and the Lesotho Highlands in Africa. These international cases – including bilateral water treaties and their development and formation process and aftermath – are analyzed to draw conclusions about the outcomes as well as the processes by which these outcomes are achieved. It is demonstrated that the perception of a particular treaty as being equitable and fair is mainly shaped by the negotiation process used to reach certain outcomes, rather than being determined mechanistically by the quantitative allocation of water to each party. The processes and perceptions leading to international water conflict resolutions are emphasized as key issues in advancing cooperation and robust implementation of international water treaties. The key messages of the book are therefore relevant to the geo-political and hydro-political aspects of water resources in the context of bilateral and multilateral conflicts, and the trans-boundary management of water resources, which contributes insights to political ecology, geo-politics, and environmental policy.
| 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.
| Author | : Jerome Delli Priscoli |
| Publisher | : Cambridge University Press |
| Total Pages | : 382 |
| Release | : 2010-02-04 |
| Genre | : Science |
| ISBN | : 9781139471374 |
What is the one thing that no one can do without? Water. Where water crosses boundaries – be they economic, legal, political or cultural – the stage is set for disputes between different users trying to safeguard access to a vital resource, while protecting the natural environment. Without strategies to anticipate, address, and mediate between competing users, intractable water conflicts are likely to become more frequent, more intense, and more disruptive around the world. In this book, Delli Priscoli and Wolf investigate the dynamics of water conflict and conflict resolution, from the local to the international. They explore the inexorable links between three facets of conflict management and transformation: Alternative Dispute Resolution (ADR), public participation, and institutional capacity. This practical guide will be invaluable to water management professionals, as well as to researchers and students in engineering, economics, geography, geology, and political science who are involved in any aspects of water management.
| 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.
| Author | : Ariel Dinar |
| Publisher | : World Scientific Publishing Company |
| Total Pages | : 470 |
| Release | : 2007-10-22 |
| Genre | : Political Science |
| ISBN | : 9813106778 |
Latest Edition: Bridges Over Water: Understanding Transboundary Water Conflict, Negotiation and Cooperation (2nd Edition) Bridges over Water places the study of transboundary water conflicts, negotiation, and cooperation in the context of various disciplines (such as international relations, international law, international negotiations, and economics), analyzing them using various quantitative approaches, such as river basin modeling and game theory. Case studies of particular transboundary river basins, lakes and aquifers are also considered. This is the first textbook for a relatively recent yet rapidly expanding field of study. Errata(s) Errata
| Author | : Ariel Dinar |
| Publisher | : World Scientific |
| Total Pages | : 469 |
| Release | : 2007 |
| Genre | : Technology & Engineering |
| ISBN | : 981256893X |
| Author | : Enamul Choudhury |
| Publisher | : Anthem Press |
| Total Pages | : 294 |
| Release | : 2018-12-07 |
| Genre | : Political Science |
| ISBN | : 1783088702 |
‘Complexity of Transboundary Water Conflicts’ seeks to understand transboundary water issues as complex systems with contingent conditions and possibilities. To address those conditions and leverage the possibilities it introduces the concept of enabling conditions as a pragmatic way to identify and act on the emergent possibilities to resolve transboundary water issues. Based on this theoretical frame, the book applies the ideas and tools from complexity science, contingency and enabling conditions to account for events in the formulation of treaties/agreements between disputing riparian states in river basins across the world (Indus, Jordan, Nile, Ganges, Brahmaputra, Colorado, Danube, Senegal and Zayandehrud). It also includes a section with scholars’ reflections on the relevance and weakness of the theoretical framework.
| 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.
