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International Law And Freshwater

Author: Laurence Boisson de Chazournes
Publisher: Edward Elgar Publishing
ISBN: 1781005095
Size: 73.31 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.

Fresh Water In International Law

Author: Laurence Boisson de Chazournes
Publisher: OUP Oxford
ISBN: 0191653012
Size: 40.99 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.

Research Handbook On Freshwater Law And International Relations

Author: Mara Tignino
Publisher: Edward Elgar Publishing
ISBN: 1785360698
Size: 59.21 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.

Trade In Water Under International Law

Author: Fitzgerald Temmerman
Publisher: Edward Elgar Publishing
ISBN: 178536913X
Size: 80.26 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.

International Law Of Water Resources

Author: Slavko Bogdanović
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041116239
Size: 79.49 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: 44.26 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.

Fresh Water And International Economic Law

Author: Edith Brown Weiss
Publisher: Oxford University Press on Demand
ISBN: 9780199274673
Size: 64.51 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.

Resolution Of International Water Disputes

Author: Permanent Court of Arbitration. International Bureau
Publisher: Kluwer Law International B.V.
ISBN: 9041120297
Size: 62.28 MB
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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.

Principles Of International Environmental Law

Author: Philippe Sands
Publisher: Cambridge University Press
ISBN: 9780521521062
Size: 18.94 MB
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Revised edition includes all new developments since 1994, including all international case-law and international legislation.

International Water Law

Author: Charles B. Bourne
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041107145
Size: 54.61 MB
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'[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).