Download or read book The Law of International Watercourses written by Stephen C. McCaffrey and published by Oxford University Press, USA. This book was released on 2001 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Peaceful Uses of International Rivers written by Hilal Elver and published by Brill Nijhoff. This book was released on 2002 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book by a renowned environmental lawyer and scholar proposes a regime scheme that is not only based soundly on existing treaties concerning access rights to fresh water, but also on the human rights of persons dependent on rivers and lakes for water and food. Focusing on the Tigris-Euphrates basin, which is shared by Iraq, Syria, and Turkey, Professor Elver explores the transnational arrangements among these three countries for the allocation of river resources. The author clearly exposes the potential for conflict, and sets forth the role that international law can play in resolving such conflict and protecting the human rights of local populations. Published under the Transnational Publishers imprint.
Download or read book Legal Rights for Rivers written by Erin O'Donnell and published by Routledge. This book was released on 2018-10-17 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2017 four rivers in Aotearoa New Zealand, India, and Colombia were given the status of legal persons, and there was a recent attempt to extend these rights to the Colorado River in the USA. Understanding the implications of creating legal rights for rivers is an urgent challenge for both water resource management and environmental law. Giving rivers legal rights means the law can see rivers as legal persons, thus creating new legal rights which can then be enforced. When rivers are legally people, does that encourage collaboration and partnership between humans and rivers, or establish rivers as another competitor for scarce resources? To assess what it means to give rivers legal rights and legal personality, this book examines the form and function of environmental water managers (EWMs). These organisations have legal personality, and have been active in water resource management for over two decades. EWMs operate by acquiring water rights from irrigators in rivers where there is insufficient water to maintain ecological health. EWMs can compete with farmers for access to water, but they can also strengthen collaboration between traditionally divergent users of the aquatic environment, such as environmentalists, recreational fishers, hunters, farmers, and hydropower. This book explores how EWMs use the opportunities created by giving nature legal rights, such as the ability to participate in markets, enter contracts, hold property, and enforce those rights in court. However, examination of the EWMs unearths a crucial and unexpected paradox: giving legal rights to nature may increase its legal power, but in doing so it can weaken community support for protecting the environment in the first place. The book develops a new conceptual framework to identify the multiple constructions of the environment in law, and how these constructions can interact to generate these unexpected outcomes. It explores EWMs in the USA and Australia as examples, and assesses the implications of creating legal rights for rivers for water governance. Lessons from the EWMs, as well as early lessons from the new ‘river persons,’ show how to use the law to improve river protection and how to begin to mitigate the problems of the paradox.
Download or read book International Watercourses Law in the Nile River Basin written by Tadesse Kassa Woldetsadik and published by Routledge. This book was released on 2013-06-26 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Nile River and its basin extend over a distinctive geophysical cord connecting eleven sovereign states from Egypt to Tanzania, which are home to an estimated population of 422.2 million people. The Nile is an essential source of water for domestic, industrial and agricultural uses throughout the basin, yet for more than a century it has been at the centre of continuous and conflicting claims and counter-claims to rights of utilization of the resource. In this book the author examines the multifaceted legal regulation of the Nile. He re-constructs the legal and historical origin and functioning of the British Nile policies in Ethiopia by examining the composition of the Anglo-Ethiopian Treaty of 1902, and analyses its ramifications on contemporary riparian discourse involving Ethiopia and Sudan. The book also reflects on two fairly established legal idioms - the natural and historical rights expressions – which constitute central pillars of the claims of downstream rights in the Nile basin; the origin, essence and legal authority of the notions has been assessed on the basis of the normative dictates of contemporary international watercourses law. Likewise, the book examines the non-treaty based claims of rights of the basin states to the Nile waters, setting out what the equitable uses principle entails as a means of reconciling competing riparian interests, and most importantly, how its functioning affects contemporary legal settings. The author then presents the concentrated diplomatic movements of the basin states in negotiations on the Transitional Institutional Mechanism of the Nile Basin Initiative (NBI) - pursued since the 1990’s, and explains why the substance of water use rights still continued to be perceived diversely among basin states. Finally, the specific legal impediments that held back progress in negotiations on the Nile Basin Cooperative Framework are presented in context.
Download or read book International Water Law written by Charles B. Bourne and published by Martinus Nijhoff Publishers. This book was released on 1997 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: '[When] great issues were coming to the fore ... that would determine the future of the mighty Columbia River & the international water relations of those two neighbors, who stand astride most of the North American Continent, Canada & the United States ... Charles Bourne established himself as a preeminent figure in the developing stages of the law.' (from the Biographical Note by Professor Albert E. Utton). One of the drafters of the ILA Helsinki Rules, Professor Charles Bourne is an authority in the field of international water law. He has edited & written widely in respected journals & has served on the noted committees of recognized scholars that have helped shape & interpret the state of the law. This collection compiles a selection of Professor Bourne's definitive articles with a forward by the editor surveying recent developments in the field & an introduction by Professor Lucius Caflisch (Graduate Institute of International Studies, Geneva). Its comprehensive coverage & Professor Bourne's own stature in the law of international water systems make this essential reading for all specialists & students involved with water, & a tribute to a foremost expert in the field. '... the present volume is a must for anyone seriously interested in the law of international waterways. It evidences a constant scholarly preoccupation with almost all aspects of that law. Above all, it reflects standards of conciseness, clarity, elegance & scholarship which rightly are the envy of Professor Bourne's colleagues.' (From the Preface by Professor Lucius Caflisch).
Download or read book Governing International Watercourses written by Susanne Schmeier and published by Routledge. This book was released on 2013 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this contribution to the academic and policy debates surrounding the management and governance of shared natural resources, the focus is placed on River Basin Organizations as the key institutions for managing internationally shared water resources. The book includes advide to policy makers based on worldwide analysis, and three detailed case studies from three continents: the Senegal (West Africa), Mekong (South-east Asia) and Danube (Europe) rivers.
Download or read book Implementing International Watercourses Law Through the WEF Nexus and SDGs written by Zeray Yihdego and published by Brill Research Perspectives in. This book was released on 2020-09-24 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Atlas of International Freshwater Agreements written by United Nations and published by UNEP/Earthprint. This book was released on 2002 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Water treaties, agreements and conventions abound, but knowledge of them, and the relevant records, used to be scattered and not always easily accessible. Utilizing historical documents, statistical analyses, and maps, the Atlas presents both a graphic and textual analysis and documentation of the world's international basins and their agreements. This Atlas builds upon knowledge stored in existing environmental legislative databases in an attempt to consolidate and disseminate information about shared water treaties. It yields a better understanding of existing treaties and treaty development through time, provide a basis for negotiating new agreements, and organizes the underlying knowledge for improving environmental governance throughout the world.
Download or read book Rivers in International Law written by Friedrich Joseph Berber and published by London : Stevens ; New York : Oceana Publications. This book was released on 1959 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the main a translation of ... Die Rechtsquellen des internationalen Wassernutzungsrechts.
Download or read book The International Law Association Helsinki Rules written by Slavko Bogdanović and published by Brill Research Perspectives in. This book was released on 2019 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Governing International Rivers written by Tun Myint and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Employing a sophisticated understanding of the interplay between states and nonstate actors, Tun Myint develops a convincing account of the evolution of governance systems for the Rhine and Mekong river basins. In the process, he not only adds to our knowledge of water management at the international level but also deepens our appreciation of the various roles that nonstate actors play in international environmental governance.' – Oran Young, University of California, Santa Barbara, US 'Comparative studies of great river systems and the politics of their regulation are rare. Far rarer still are comparisons of this historical depth, analytical sophistication, attention to local detail and to the contingencies that make breakthroughs possible. Tun Myint's study of the Rhine and Mekong will inspire and inform future studies of both river and environmental politics.' – James C. Scott, Yale University, US 'This is a must read for scholars and water governance practitioners as it addresses the underexploited role of non-state actors and local citizens in the field of international water governance. The book fills in this knowledge gap by offering an inspiring refinement of the theory of polycentricity. Evidence is found by well written and attractive in depth case studies dealing with the international clean up of the Rhine and the construction of the Pak Mun Dam in the Mekong basin.' – Carel Dieperink, Utrecht University, The Netherlands 'This superb analysis of water governance in the Rhine and Mekong river basins should be read by everyone interested in the challenges of international water management.' – Thomas Bernauer, Swiss Federal Institute of Technology (ETH), Zurich, Switzerland This important book employs the theory of polycentricity, a system with several centres as an analytical concept to explain the multilayered international environmental governance of river basins. It introduces a new methodological framework to deconstruct and investigate the dynamics of citizens, states and non-state actors in world politics via the context of river basin governance. The methodology is tested through in-depth field-based case studies, illustrating how local citizens and industries in the Mekong and Rhine river basins participate in transnational environmental governance at both local and international levels. Tun Myint expertly presents both a methodology and theory to conceive polycentricity of world politics as a major intellectual milestone in theorizing world politics. Providing nuanced details of cases showing the challenges and feasibilities of incorporating multiple actors into a governance framework, the book provides careful analysis into the power of non-state actors. This book will prove insightful for scholars and postgraduate students in international relations, international development, global environmental governance, and international business administration. It will also prove an invaluable resource for practitioners and policymakers.
Download or read book The Mekong A Socio legal Approach to River Basin Development written by Ben Boer and published by Routledge. This book was released on 2015-12-22 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: An international river basin is an ecological system, an economic thoroughfare, a geographical area, a font of life and livelihoods, a geopolitical network and, often, a cultural icon. It is also a socio-legal phenomenon. This book is the first detailed study of an international river basin from a socio-legal perspective. The Mekong River Basin, which sustains approximately 70 million people across Cambodia, China, Laos, Myanmar, Thailand and Vietnam, provides a prime example of the socio-legal complexities of governing a transboundary river and its tributaries. The book applies its socio-legal analysis to bring a fresh approach to understanding conflicts surrounding water governance in the Mekong River Basin. The authors describe the wide range of uses being made of legal doctrine and legal argument in ongoing disputes surrounding hydropower development in the Basin, putting to rest lingering caricatures of a single, ‘ASEAN’ way of navigating conflict. They call into question some of the common assumptions concerning the relationship between law and development. The book also sheds light on important questions concerning the global hybridization or crossover of public and private power and its ramifications for water governance. With current debates and looming conflicts over water governance globally, and over shared rivers in particular, these issues could not be more pressing.
Download or read book Conflict and Cooperation on South Asia s International Rivers written by Salman M. A. Salman and published by World Bank Publications. This book was released on 2002 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Conflict and Cooperation on South Asia's International Rivers' traces the development of international water law. This book focuses on the hydro-politics of four countries in the South Asia region: Bangladesh, India, Nepal, and Pakistan. It analyzes the problems that these countries have encountered as riparians of international rivers and how they have addressed these problems. In particular, this study reviews the treaty regimes governing the Indus River basin, the Ganges River basin, and the Kosi, Gandaki, and Mahakali river basins. Each of these regimes is described in-depth, with special attention devoted to the main problems each of these treaties sought to address. The authors also review the treaty experience and offer observations on bilateralism and multilateralism.
Download or read book Groundwater in International Law written by Stefano Burchi and published by Food & Agriculture Org.. This book was released on 2005 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: Groundwater represents about 97 per cent of the fresh water resources available on earth (excluding the water locked in the polar ice), and is of key social, economic, environmental and strategic importance. Aquifers (including numerous transboundary ones) are coming under growing pressure from over-abstraction and pollution, which seriously threaten their sustainability. This publication brings together a range of binding and non-binding international law instruments dealing with groundwater, an emerging body of rules that indicate a trend towards more comprehensive international regulation in this important field.
Download or read book The United Nations Convention on the Law of International Watercourses written by Attila Tanzi and published by BRILL. This book was released on 2021-11-29 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Problems relating to the non-navigational uses of international watercourses have the capacity to be among the most serious causes of international conflicts in the new century. The Convention adopted by the UN General Assembly on 21 May 1997 is the first comprehensive attempt to provide at the universal level a coherent set of rules for the avoidance, management and settlement of such conflicts. This book gives a brief history of the codification process leading to the adoption of the Convention and considers the conflicting approaches to the subject that have been taken over the years. It examines the Convention as future treaty law and considers its impact on customary law putting it in the context of existing relevant international instruments. It analyses the substantive principles of equitable utilisation and of no-harm, on the one hand, and the procedural obligations, on the other, and emphasises their mutual complementarity. The specific rules on the environmental protection of watercourses are given separate consideration underlining the indivisibility of water quality and water quantity issues, while the dispute settlement provisions set out in the Convention are studied with special emphasis on negotiated settlement as their ultimate aim. This book will be a compulsory tool for law makers, negotiators of future watercourse agreements and water law practitioners, as well as a required reading for students of the international law of shared natural resources.
Download or read book International Law written by Boleslaw Adam Boczek and published by Scarecrow Press. This book was released on 2005 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: The system of public international law has reached a major turning point in its history and is confronting serious challenges generated by a variety of developments unfolding in the structure of the international society. This Dictionary acquaints legal and other professionals, students, and interested general readers with the basic tenets of public international law, combining the features of both a brief encyclopedic dictionary and a textbook in clear, understandable language. A list of acronyms and abbreviations; a glossary of Latin phrases; a chronology that offers a historical perspective by listing major developments relating to international law throughout the centuries; a table of cases with references to entries; and a list of the 373 entries precede the main text. The survey of international law is organized into nine chapters. Chapter I contains the usual introductory topics found in international law textbooks: the nature of this law, its sources, the relationship between international and national ("municipal") law, and some other general problems. Chapters II-VIII deal with matters coming within the scope of the "law of peace," organized according to the framework consisting of: states, individuals, spatial context, and interaction. Chapter IX, whose subject unfortunately becomes ever more relevant, describes the rules governing the conduct of warfare, that is, international humanitarian law. Numerous cross-references in bold lead the reader to appropriate entries, and the abundant references to primary sources, mostly treaties and court cases, enable the reader to locate the materials needed for research. The selective bibliography includes books, research aids, textbooks, and casebooks, as well as recent books on special international law topics. This Dictionary is a useful addition to both public and academic libraries, including, in particular, libraries of law schools. The format of the book allows it to be used as a reference guide for legal professionals, scholars inter
Download or read book Cooperation in the Law of Transboundary Water Resources written by Christina Leb and published by Cambridge University Press. This book was released on 2013-07-25 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the legal challenges facing international cooperation on water management in the twenty-first century.
