Pub Date : 2019-01-25DOI: 10.4337/9781785368080.00030
A. Tanzi, Gian Maria Farnelli
{"title":"The UNECE Protocol on Water and Health for the implementation of the right to drinking water and sanitation","authors":"A. Tanzi, Gian Maria Farnelli","doi":"10.4337/9781785368080.00030","DOIUrl":"https://doi.org/10.4337/9781785368080.00030","url":null,"abstract":"","PeriodicalId":273120,"journal":{"name":"Research Handbook on International Water Law","volume":"99 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117216303","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-01-25DOI: 10.4337/9781785368080.00039
Götz Reichert
{"title":"Europe: international water law and the EU Water Framework Directive","authors":"Götz Reichert","doi":"10.4337/9781785368080.00039","DOIUrl":"https://doi.org/10.4337/9781785368080.00039","url":null,"abstract":"","PeriodicalId":273120,"journal":{"name":"Research Handbook on International Water Law","volume":"03 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127450086","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-01-25DOI: 10.4337/9781785368080.00038
Salman M. A. Salman
{"title":"The Nile River Basin and its changing legal contours","authors":"Salman M. A. Salman","doi":"10.4337/9781785368080.00038","DOIUrl":"https://doi.org/10.4337/9781785368080.00038","url":null,"abstract":"","PeriodicalId":273120,"journal":{"name":"Research Handbook on International Water Law","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129556520","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-01-25DOI: 10.4337/9781785368080.00012
A. Rieu-Clarke
In 1959, following a proposal from the Bolivian Government, the UN General Assembly discussed the legal problems relating to the utilisation of international rivers.1 A key motivation for the topic was to consider whether it was appropriate for codification at the global level. Adopting a global approach would not be an easy task. In the same year Sudan and Egypt entered into an agreement that fully allocated the waters of the Nile between themselves, and to the exclusion of all upstream Nile riparians.2 If all States sharing one international river could not enter into an agreement, then what hope was there for the General Assembly to find consensus amongst States at the global level? Conversely, could a global approach act as a catalyst for stronger cooperation amongst States within individual rivers? Before these questions could be answered there was a need to ascertain what practice already existed. What bilateral and multilateral treaties had States already committed to? Did these treaties share common rules and principles? How widespread was treaty practice relating to international watercourses? To address these questions the UN General Assembly requested the UN Secretary General to survey relevant sources on the topic, including laws and legislation of Member States, bilateral and multilateral treaties, summaries of decisions of international tribunals, and studies made by non-governmental organisations.3 It could be argued that out of all these sources, bilateral and multilateral treaties offered the most accurate reflection of what States might be willing to accept at the global level. However, the survey revealed that the treaty landscape was fragmented.4 With a view to supplementing existing watercourse treaties,5 the International Law Commission (ILC) was therefore requested by the UN General Assembly, to ‘take up the study of the law of the non-navigational uses of international watercourses with a view to its
{"title":"From treaty practice to the UN Watercourses Convention","authors":"A. Rieu-Clarke","doi":"10.4337/9781785368080.00012","DOIUrl":"https://doi.org/10.4337/9781785368080.00012","url":null,"abstract":"In 1959, following a proposal from the Bolivian Government, the UN General Assembly discussed the legal problems relating to the utilisation of international rivers.1 A key motivation for the topic was to consider whether it was appropriate for codification at the global level. Adopting a global approach would not be an easy task. In the same year Sudan and Egypt entered into an agreement that fully allocated the waters of the Nile between themselves, and to the exclusion of all upstream Nile riparians.2 If all States sharing one international river could not enter into an agreement, then what hope was there for the General Assembly to find consensus amongst States at the global level? Conversely, could a global approach act as a catalyst for stronger cooperation amongst States within individual rivers? Before these questions could be answered there was a need to ascertain what practice already existed. What bilateral and multilateral treaties had States already committed to? Did these treaties share common rules and principles? How widespread was treaty practice relating to international watercourses? To address these questions the UN General Assembly requested the UN Secretary General to survey relevant sources on the topic, including laws and legislation of Member States, bilateral and multilateral treaties, summaries of decisions of international tribunals, and studies made by non-governmental organisations.3 It could be argued that out of all these sources, bilateral and multilateral treaties offered the most accurate reflection of what States might be willing to accept at the global level. However, the survey revealed that the treaty landscape was fragmented.4 With a view to supplementing existing watercourse treaties,5 the International Law Commission (ILC) was therefore requested by the UN General Assembly, to ‘take up the study of the law of the non-navigational uses of international watercourses with a view to its","PeriodicalId":273120,"journal":{"name":"Research Handbook on International Water Law","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115786893","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-01-25DOI: 10.4337/9781785368080.00018
C. Leb
{"title":"Implementation of the general duty to cooperate","authors":"C. Leb","doi":"10.4337/9781785368080.00018","DOIUrl":"https://doi.org/10.4337/9781785368080.00018","url":null,"abstract":"","PeriodicalId":273120,"journal":{"name":"Research Handbook on International Water Law","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132849853","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-01-25DOI: 10.4337/9781785368080.00032
L. B. D. Chazournes
{"title":"The Permanent Court of International Justice, The International Court of Justice and international water law: versatility in consistency","authors":"L. B. D. Chazournes","doi":"10.4337/9781785368080.00032","DOIUrl":"https://doi.org/10.4337/9781785368080.00032","url":null,"abstract":"","PeriodicalId":273120,"journal":{"name":"Research Handbook on International Water Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130865292","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-01-25DOI: 10.4337/9781785368080.00025
D. Magraw, D. Padmanabhan
{"title":"Water and international trade law","authors":"D. Magraw, D. Padmanabhan","doi":"10.4337/9781785368080.00025","DOIUrl":"https://doi.org/10.4337/9781785368080.00025","url":null,"abstract":"","PeriodicalId":273120,"journal":{"name":"Research Handbook on International Water Law","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116657203","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-01-25DOI: 10.4337/9781785368080.00010
S. Mccaffrey, C. Leb, Riley T. Denoon
Water is an essential and unevenly distributed resource. Although the amount of water on earth has not changed significantly in billions of years, pressures exerted on this essential resource have increased exponentially. With the rapid expansion of the global population and the increasing demands of industry and agriculture, the global competition for water has increased as has its relative scarcity per capita. There are more than 270 international watercourses in the world, with more than 2.8 billion people (roughly 41 per cent of the world’s population) living within transboundary river basins that cover more than 40 per cent of the earth’s total land area.1 The number of transboundary aquifers that have been mapped so far and the people living in the respective recharge areas is even higher. Regional tensions over shared watercourses are likely to increase as the global per-capita share of water decreases, leading countries toward either greater cooperation or greater conflict. Global water resources and their management also face increasing uncertainty caused by global climate change or climate disruption. Where water resources will be found, the predictability of these sources and the demands placed upon them have all become less stable and predictable. This uncertainty makes governing and planning with respect to these resources increasingly difficult. Against this backdrop, governance frameworks that provide for peaceful, stable and predictable management of water resources, while also allowing flexibility to address uncertainty, are of great importance. This book examines the role of international law in providing the frameworks needed for effective water governance. It first traces the evolution of international water (Part I) and provides an overview over its general principles and key obligations (Part II), before exploring the relationships with other areas of law (Parts III and IV). Finally, the book turns to the tested dispute settlement and compliance mechanisms (Part V) and closes with a final section that presents regional water governance frameworks and practice of applying the principles and obligations of international water law to individual basins across the world (Part VI).
{"title":"Introduction to the Research Handbook on International Water Law","authors":"S. Mccaffrey, C. Leb, Riley T. Denoon","doi":"10.4337/9781785368080.00010","DOIUrl":"https://doi.org/10.4337/9781785368080.00010","url":null,"abstract":"Water is an essential and unevenly distributed resource. Although the amount of water on earth has not changed significantly in billions of years, pressures exerted on this essential resource have increased exponentially. With the rapid expansion of the global population and the increasing demands of industry and agriculture, the global competition for water has increased as has its relative scarcity per capita. There are more than 270 international watercourses in the world, with more than 2.8 billion people (roughly 41 per cent of the world’s population) living within transboundary river basins that cover more than 40 per cent of the earth’s total land area.1 The number of transboundary aquifers that have been mapped so far and the people living in the respective recharge areas is even higher. Regional tensions over shared watercourses are likely to increase as the global per-capita share of water decreases, leading countries toward either greater cooperation or greater conflict. Global water resources and their management also face increasing uncertainty caused by global climate change or climate disruption. Where water resources will be found, the predictability of these sources and the demands placed upon them have all become less stable and predictable. This uncertainty makes governing and planning with respect to these resources increasingly difficult. Against this backdrop, governance frameworks that provide for peaceful, stable and predictable management of water resources, while also allowing flexibility to address uncertainty, are of great importance. This book examines the role of international law in providing the frameworks needed for effective water governance. It first traces the evolution of international water (Part I) and provides an overview over its general principles and key obligations (Part II), before exploring the relationships with other areas of law (Parts III and IV). Finally, the book turns to the tested dispute settlement and compliance mechanisms (Part V) and closes with a final section that presents regional water governance frameworks and practice of applying the principles and obligations of international water law to individual basins across the world (Part VI).","PeriodicalId":273120,"journal":{"name":"Research Handbook on International Water Law","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128789070","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-01-25DOI: 10.4337/9781785368080.00020
O. McIntyre
{"title":"Environmental protection and the ecosystem approach","authors":"O. McIntyre","doi":"10.4337/9781785368080.00020","DOIUrl":"https://doi.org/10.4337/9781785368080.00020","url":null,"abstract":"","PeriodicalId":273120,"journal":{"name":"Research Handbook on International Water Law","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133991884","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-01-25DOI: 10.4337/9781785368080.00026
Mara Tignino
{"title":"Water in international humanitarian law","authors":"Mara Tignino","doi":"10.4337/9781785368080.00026","DOIUrl":"https://doi.org/10.4337/9781785368080.00026","url":null,"abstract":"","PeriodicalId":273120,"journal":{"name":"Research Handbook on International Water Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121841685","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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