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Fresh Water In International Law

Author: Laurence Boisson de Chazournes
Publisher: OUP Oxford
ISBN: 0191653012
Size: 32.98 MB
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This book addresses the diverse ways in which international law governs the uses, management, and protection of fresh water. The international law of fresh water is most comprehensively understood in the light of the different bodies of norms applicable to these varied uses and functions. The regulation of fresh water has primarily developed through the conclusion of treaties concerning international watercourses. Yet a number of other legal regimes also apply to the governance of fresh water. In particular, there has been an increasing recognition of the importance of fresh water to environmental protection. The development of international human rights law and international humanitarian law has also proven crucial for ensuring the sound and equitable management of this resource. In addition, the economic uses of fresh water feature prominently in the law applicable to watercourses, while water itself has become an important element of the trade and investment regimes. These bodies of rules and principles not only surface in an array of dispute settlement mechanisms, but also stimulate wider trends of institutionalization. The book investigates the origin and scope of these bodies of norms as they apply to fresh water, and demonstrates how they connect and adapt to one another, forming an integrated body of international principles. This approach is accompanied by a detailed analysis of the practice of states and of international organizations, taking into account the activities of the many non-state actors involved in the treatment of fresh water.

International Law And Freshwater

Author: Laurence Boisson de Chazournes
Publisher: Edward Elgar Publishing
ISBN: 1781005095
Size: 24.46 MB
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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.

Trade In Water Under International Law

Author: Fitzgerald Temmerman
Publisher: Edward Elgar Publishing
ISBN: 178536913X
Size: 42.99 MB
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It is clear that more sustainable and efficient use of fresh water resources will become crucial in future global water management to avoid major threats to biological life. Trade in Water Under International Law offers a careful and well-reasoned introduction and analysis of this emerging and largely unchartered subject of international trade law, which has hitherto been of key importance in domestic law and policy, exploring the potential and limits of addressing the use of water resources in the context of World Trade Organization law.

Fresh Water And International Economic Law

Author: Edith Brown Weiss
Publisher: Oxford University Press on Demand
ISBN: 9780199274673
Size: 16.14 MB
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This book addresses the key interdisciplinary issues that increasingly confront policy makers, tribunals, arbitration bodies and other institutions. It focuses primarily on law, but also includes perspectives from economics, political science and other disciplines.

Research Handbook On Freshwater Law And International Relations

Author: Mara Tignino
Publisher: Edward Elgar Publishing
ISBN: 1785360698
Size: 40.13 MB
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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.

Freshwater Access From A Human Rights Perspective

Author: Knut Bourquain
Publisher: Martinus Nijhoff Publishers
ISBN: 9004169547
Size: 33.89 MB
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Insufficient access to a basic water supply is not an unavoidable consequence of water scarcity. In fact, arid countries possess enough resources to fulfil the basic water needs of their populations and there are people in water rich countries suffering from water stress, too. Thus, insufficient freshwater access mainly can be seen as a problem of allocation and mismanagement. This book comprehensively analyses the appropriateness of a human rights-based approach in safeguarding basic water supplies and determines its legal basis in international law. Arriving at the conclusion that international water law does not adequately consider individual water needs, the study identifies applicable human rights and examines the concrete standard of protection they provide. In view of the deficits of current international water and human rights law, the study discusses concepts deemed to strengthen a human rights-based approach to freshwater access by considering both their formal legal appropriateness as well as their suitability in legal reality.

International Law Of Water Resources

Author: Slavko Bogdanović
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041116239
Size: 26.66 MB
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Effectively managing increasingly scarce transboundary water resources in many parts of the world may become one of the most critical challenges facing the international community in the 21st century. Global warming is expected to exacerbate the existing problems of water scarcity in Africa, the Middle East and Central Asia, and threatens to affect even relatively water-secure regions and countries. Global freshwater resources are shrinking at an increasing pace. Forty percent of the world's population depends on transboundary water resources, a situation that raises serious concerns at the international level. Unresolved issues of water resource use and allocation may create the potential for serious interstate conflicts and undermine regional stability. It is imperative that existing and potential disputes over access to shared water resources are resolved through peaceful means within the framework of legal principles and norms provided by international law. While not yet in force, the 1997 UN Convention on the Law of the Non-Navigational Uses of International Watercourses codifies a number of rules of customary law that apply to international watercourses. However, even in the absence of a universally ratified instrument there is a body of international rules widely acknowledged as an authoritative statement of international law governing international watercourses - the International Law Association (ILA) rules on the law of international water resources. The present book, which contains the complete collection of the ILA rules on international water resources, together with comments, explanatory notes and other supporting materials, will be of significant academic and practical value to the range of experts working in this field. There is no doubt that legal scholars and researchers will find this book very helpful in discovering the conceptual underpinings and the evolution of international water law. For the practitioners, this collection will serve as a useful reference tool containing a wealth of 'black letter' normative material.

International Law Sustainable Development And Water Management

Author: Antoinette Hildering
Publisher: Eburon Uitgeverij B.V.
ISBN: 9059720555
Size: 55.35 MB
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Water covers about three-fourths of the earth's surface. Still, over one billion people do not have access to clean drinking water—a problem that many governments across the globe seem unable to redress. International Law, Sustainable Development and Water Management explores the political issues inherent in global water management, analysing water as a social, economic, and ecological good, and then applying the principles of international law to resource development policies. Antoinette Hildering's proposed framework for change, "Guardianship Over Water," offers policymakers practical guidelines for water management at a local, national, and international level.

Water Law For The Twenty First Century

Author: Philippe Cullet
Publisher: Routledge
ISBN: 1135244804
Size: 10.47 MB
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In the face of growing freshwater scarcity, most countries of the world are taking steps to conserve their water and foster its sustainable use. Water crises range from concerns of drinking water availability and/or quality, the degradation or contamination of freshwater, and the allocation of water to different users. To meet the challenge, many countries are undergoing systemic changes to the use of freshwater and the provision of water services, thereby leading to greater commercialization of the resource as well as a restructuring of the legal, regulatory, technical and institutional frameworks for water. The contributions to this book critically analyse legal issues arising under international law, such as environment and human rights provisions, concerning the economic, environmental and social consequences of proposed water regulatory changes and their implementation at the national level. The book examines the situation in India which is currently in the midst of implementing several World Bank led water restructuring projects which will have significant impacts on the realisation of the right to water and all other aspects of water regulation for decades to come. In analysing the situation in India the volume is able to detail the interactions between international law and national law in the field of water, and to ask broader questions about the compliance with international law at the national level and the relevance of international law in national law and policy-making.

Oecd Umweltausblick Bis 2050 Die Konsequenzen Des Nichthandelns

Author: OECD
Publisher: OECD Publishing
ISBN: 9264172866
Size: 74.55 MB
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Wie werden wirtschaftliche und soziale Entwicklungen die Umwelt bis 2050 beeinflussen? Welche Maßnahmen sind nötig, um den wichtigsten ökologischen Herausforderungen zu begegnen, und mit welchen Konsequenzen müssen wir im Falle von politischer Untätigkeit rechnen? Der Umweltausblick liefert Analysen ökonomischer und ökologischer Trends. Im Zentrum der Projektionen stehen vier Bereiche, anhand derer sich die Zukunft unseres Planeten entscheiden wird: Klimawandel, Artenvielfalt, Wasser sowie Umwelt und Gesundheit.