国际水资源共享的国家责任:跨界环境责任的批判性分析

Q2 Social Sciences Russian Law Journal Pub Date : 2023-05-29 DOI:10.52783/rlj.v11i11s.2071
Ms. Heena Parveen, L. Vinci, Russian Law
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引用次数: 0

摘要

淡水对人类生命和地球的可维持性至关重要。到目前为止,还没有已知的淡水替代品供人们使用。无论是关于自然、土壤、幸福、严格的圣洁、效率还是其他一些原因,人们都与水有着深刻的联系。漫步在美好回忆的世界里,人们可以理解,以前的水除了分离费用、精炼费用和后来的最终利用费用外,没有任何成本。然而,在过去的十年里,水逐渐成为一种值得关注的商品,并依赖于全球交换。本文的作者关注的是国际社会所有国家共同努力,在各自国家的国内法中保护、恢复和实施不同的国际法的必要性。作者着重于威斯特伐利亚理论,它不利地阻碍了上游和下游国家共享水资源的概念。该研究包括各州应遵守的水资源共享原则的五大支柱。作者还注意到国际社会所采取的积极主动行动导致了有关水的国际法的发展。作者采取积极的方法,关注不同争端解决机构对水的保护、保存和恢复作出的司法裁决对法律的发展。作者对本文进行了总结,并对各国国内法中国际法的完善和实施提出了一些建议。
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STATE RESPONSIBILITY OF INTERNATIONAL WATER SHARING: A CRITICAL ANALYSIS OF TRANS BOUNDARY ENVIRONMENTAL LIABILITY
Fresh water is critical and imperative for human life and to the supportability of Earth. Till date there is no known substitute for freshwater to be utilized by people for their reality. With water, people have profound ties whether it is concerning nature, soil, wellbeing, strict holiness, efficiency obviously or for some other reasons. Strolling down the world of fond memories one can understand that prior water had no cost barring the separating charges, cost for refining and afterward at last utilizing it. However, with the entry of the last half ten years, water has progressively procured a cost as a ware on the lookout and is being dependent upon worldwide exchange. The author in this paper is focusing on the need for collective effort to be made by all the states of International community in preservation, restoration and implementation of different international laws in the municipal laws of respective states. The author focuses on the Westphalian theory which adversely hampers the concept of shared water resources between the Upper riparian and lower riparian states. The research includes the five prominent pillars of water sharing principles to be observed by the states. The author also observes the positive initiatives taken by the international community which leads to the development of international laws relating to water. The author takes a positive approach to focus on the development of laws by judicial decisions given by different dispute settlement bodies for the protection, preservation & restoration of water. The author summarizes the paper with some suggestions which can be given for the improvement and implementation of international laws in the municipal laws of respective states.
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期刊介绍: The Russian Law Journal is one of the first academic legal journals in English to be published in Russia. Our goal is to provide scholars worldwide with comparative papers on recent legal developments not only in Russia, but also in Eurasia, other jurisdictions and on the international level. The idea to establish this journal belongs to the following scholars of Moscow State Lomonosov University Law Faculty: Gleb Bogush, Nataliya Bocharova, Dmitry and Anastasia Maleshin and Sergei Tretyakov. We want to bring the Russian academic legal tradition closer to the international environment and make Russian legal scholarship more accessible to other scholars and well-known worldwide.
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