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This book anchors its arguments in Article 20 of the Watercourses Convention and explores consistencies and inconsistencies in parallel definitions, substantive and procedural obligations and institutional arrangements in IWL, and the Ramsar and Biodiversity Conventions with respect to the protection and preservation of ecosystems of shared inland waters. Dr. Yang Liu argues that the all-around informed and integrated application of IWL and MEAs is essential for the effective protection and preservation of shared inland water ecosystems. However, the degree of cross-fertilization of parallel provisions should be examined on a case-by-case basis in light of the legal analytical framework deployed in this study.

This book examines the development of international law applicable to Transboundary Aquifers (TBAs) considering the Human Right to Water and Sanitation (HRWS). The purpose is to determine how International Water Law (IWL) and the HRWS can be harmonized in the context of TBAs. This is important given rules and instruments adopted to address this topic are relatively nascent, and the field itself is still in the process of developing regulatory frameworks. Taking the application of the HRWS to shared aquifers as a case study, the work discusses whether IWL and International Human Rights Law complement each other. The response to this question requires an analysis of the development of International Groundwater Law and its challenges, the evolution of the HRWS, the nature of transboundary groundwaters, and the interplay between these two fields. The author argues that IWL agreements should contain a provision related to the HRWS to ensure the protection of this right with a stipulation included in the nonbinding instrument that tackles shared groundwaters: the Draft Articles on the Law of Transboundary Aquifers adopted in 2008 through the United Nations General Assembly Resolution. The book will be of interest to international lawyers, water and human right experts, geologists, and anyone interested in water and human rights issues.

This book examines the role legal rules play in the resolution of disputes in transboundary river basins. When states fail to resolve disputes over shared water resources, many cast such failures on inadequate or ineffective legal rules. With this view in mind, this book examines the role that legal rules do, and can, play in aiding the peaceful settlement of disputes and furthering cooperation between different parties. Building on the interactional theory of law, this book formulates three analytical frameworks: the effect of norm-generating processes, the effects of water-related agreements and/ or arrangements in the basins, and the effect of international water. It uses these frameworks to assess the role of law in the processes of cooperation and peaceful settlement of disputes on transboundary river basin by drawing on four illustrative case studies: the Jordan River Basin, the Nile River Basin, the Mekong River Basin, and the Indus River Basin. In doing so, this book presents a unique perspective on the multi-functional role of legal rules in those processes. Tapping into the global discussion on water security and water-related conflicts, this book stimulates readers to explore broader or interdisciplinary perspectives for understanding water-related issues. This book will be of great interest to students and scholars interested in water resource management, water law, environmental politics, conflict resolution, and sustainable development more generally.

The year 2022 marks the thirtieth anniversary of the Convention on the Protection and Use of Transboundary Watercourses and International Lakes (Water Convention), which was adopted in Helsinki in 1992. Over the past three decades the Water Convention has served as a mechanism to strengthen international cooperation and implement national measures for the sustainable management and protection of transboundary waters. It provides an intergovernmental platform for the day-to-day development and advancement of transboundary cooperation. This publication showcases some of the success stories of the Water Convention's impact on the ground. It helps the reader to better understand the Convention's social, economic and environmental impacts as well as its benefits for peace and stability in different regional settings. In this way, the publication serves as an important resource to exemplify the benefits of transboundary water cooperation based on the Water Convention. This publication is intended for government authorities, basin organizations and other international organizations, development partners, non-governmental organizations and academia. It aims to strengthen the understanding of the benefits of the Water Convention, facilitate accession processes, and contribute towards the effective implementation of the Convention and improved transboundary water cooperation worldwide.

This book argues that river basins represent a particular structural setting in international relations with the potential for generating a dynamic of cooperation among the involved countries.The volume applies the concept of regional cooperation to international river basins to highlight their relevance as a particular space in international relations, emphasizing both the inter-connectivity and transnationalism of international river basins. It addresses the challenges related to resource distribution between up- and down-stream countries, showcasing a variety of examples of cooperation and conflictual relations within various international river basins. Case studies are drawn from across the globe and include the Mekong, the Indus, the Euphrates-Tigris and the Danube international river basins. Each chapter outlines the different aspects which support or undermine cooperation in each case, taking into consideration key areas surrounding resource sharing, national development, environmental considerations and national security.This book will be of great interest to students and scholars with an interest in international river basins, regional cooperation, water resource competition, international relations and environmental politics.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive policy issues associated with discrete subject areas.This Advanced Introduction to International Water Law provides an overview of the key international rules, principles and institutions involved in the use and protection of shared international freshwater resources.Incisive and comprehensive, this book explores the core principles and key developments in international water law. Chapters examine the emergence of the ecosystem approach to transboundary water management; the phenomenon of convergence, by which international water law borrows from (and contributes to) other fields of international law; and the emergence of the UN Sustainable Development Goals as a global driver for implementation of a universally accepted sustainable development framework for shared international water resources.Key Features:Summarises established practices in the field of transboundary water cooperationDeftly explores the evolving objectives of international water law and the key drivers affecting these changesHighlights procedural engagement and institutional cooperation as an integral requirement of international water lawExamines the necessity of related fields of international law when managing shared international water resourcesThis authoritative Advanced Introduction will be a crucial read for legal scholars and students working in the fields of international water; environmental, climate and natural resources law; environmental politics; international relations; water resources management and development studies. It will also benefit governmental and intergovernmental officials employed by relevant national ministries and international organisations.

This book is the first collection of state-of-the-art research projects analyzing water conflict and cooperation with an explicitly theoretical point of view. Its fourteen chapters offer a comprehensive and up-to-date overview on how the application of various theoretical perspectives can support the work of scholars and practitioners in mitigating water conflict and developing cooperation.The volume starts out from a literature review on the theorization of transboundary waters in International Relations, which prepares the ground for the demonstration of the latest approaches of scholars currently working on this field. The discussion of their findings is divided into four main sections. The first section deals with reflections and critiques on the grand theories of International Relations, proposing new and more nuanced frameworks for understanding and managing transboundary water relations by going beyond the traditional assumptions. The second section focuses on the catalysts and barriers of cooperation, applying theoretical frameworks which reveal the consequences of the dynamics in power relations and institutional frameworks. The third section investigates into the perspectives at the intersections of theory and practice related to the most practical field within the scope of the volume: water diplomacy. The fourth section introduces new perspectives to provide specific entry points for understanding and managing water conflict and cooperation.Overall, the work intends to demonstrate that the theorization of transboundary waters can significantly contribute to the deeper understanding and the more efficient management of water conflicts and cooperation from several aspects.The authors come from diverse backgrounds, and their individual careers are often related to the intersections of theory and practice in the field of transboundary water management. Their expertise covers water issues from all around the globe, which is reflected in the range of the analyzed case studies. The diversity of the experts involved, their backgrounds, their perspectives, the applied theories, and the analyzed cases was an important priority for the editors.

The presentation of the historical development and the scientific elaboration of the international law regulating non-navigational uses of international watercourses exemplifies the richness of this branch of international law. The role of general international law in this field of international relations, the acceptance thereof by the international community, its legal nature, functions, contents, and codification, are all examined. Finally, an outline of the institutions of international cooperation is given.

This book presents a novel examination of transboundary water governance, drawing on global case studies and applying new theoretical approaches.Excessive consumption and degradation of natural resources can either heighten the risks of conflicts or encourage cooperation within and among countries, and this is particularly pertinent to the governance of water. This book fills a lacuna by providing an interdisciplinary examination of transboundary water governance, presenting a range of novel and emerging theoretical approaches. Acknowledging that issues vary across different regions, the book provides a global view from South and Central America, Africa, Asia, and the Middle East, with the case studies offering civil society and public managers concrete situations that indicate difficulties and successes in water sharing between bordering countries. The volume highlights the links between natural resources, political geography, international politics, and development, with chapters delving into the role of paradiplomacy, the challenges of climate change adaptation, and the interconnections between aquifers and international development. With rising demand for water in the face of climate change, this book aims to stimulate further theoretical, conceptual, and methodological debate in the field of transboundary water governance to ensure peaceful and fair access to shared water resources.This book will be of interest to students and scholars of water resource governance from a wide variety of disciplines, including geography, international relations, global development, and law. It will also be of interest to professionals and policymakers working on natural resource governance and international cooperation.

The Ilisu Dam and its Impact on the Mesopotamian Marshes of Iraq: Implications for the Future Directions of International Water Law provides an overview of the existing legal regime of the Tigris Euphrates River Basin in the context of the ecological and socio-political effects of global climate change. Four other river basin systems; the Senegal, Rio Grande, Mekong, and Nile, are discussed for the purpose of illuminating overarching problems and possible solutions. In conclusion, future directions in the law of transboundary basins should be based on the collaboration of all affected states. The global community, as the largest stakeholder in regional stability and ecological viability, should also contribute affirmatively to support sustainable systems.

This book addresses the diverse ways in which international law governs the uses, management, and protection of fresh water. 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. Since the publication of the first edition of this volume in 2013, water has continued to be at the forefront of the international agenda, and the adoption of the UN Sustainable Development Goals constitutes a milestone around which various public and private initiatives have been launched. This book presents and appraises these important developments as part of its comprehensive analysis of the origin and scope of the various areas of international law as they apply to fresh water. It demonstrates how these areas connect and adapt to one another, forming an integrated body of international principles.

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.

Due to a variety of reasons, water resources on the globe are becoming scarcer. The degree of water scarcity and its political, economic and social implications are felt more severely in regions like the Middle East. The Euphrates-Tigris river basin is one of the major sources of water, but also a source of tension in the region. Unless cooperation is achieved among the riparian countries, namely Turkey, Syria and Iraq, in the areas of management, allocation and utilisation of the waters of the Euphrates-Tigris basin, growing scarcity may result not only in conflict, but also in further devastation of an extremely vital source. Recently, water has become a subject matter of international law, and formal and informal deliberations in international conferences have produced general principles and norms for using and managing water resources effectively. Hence, this book is an attempt to put together a meaningful set of principles, norms, rules, and decision-making procedures of a region-specific regime framework for effective utilisation of the waters of the Euphrates-Tigris river basin with a view to promoting cooperation among the riparian countries.

A Bridge Over Troubled Waters: Dispute Resolution in the Law of International Watercourses and the Law of the Sea takes stock of the progress made thus far in the resolution of disputes concerning international watercourses and the oceans, in addition to considering their future paths. Written by renowned academics and practitioners, the chapters of this edited collection enable the reader to reflect on the achievements and setbacks that characterize each field and their potential for cross-fertilization. Four major themes are explored: the shifting boundaries of “traditional” methods of dispute settlement; the contributions made by relevant organizations to dispute settlement; the interplay between substantive and procedural rules; and case studies on dispute resolution in the Nile and the Arctic.

Water Services Disputes in International Arbitration Reconsidering the Nexus of Investment Protection, Environment, and Human Rights by Xu Qian The argument that universal access to water is a human right is based on the fact that life on Earth cannot exist without water. Yet the enormous cost of building and maintaining water service infrastructure, purifying, monitoring quality, and providing sanitation services is beyond the means of many of the States most in need. Foreign investment is thus mandated—hence the often acrimonious tension manifest in investor-State disputes over water rights. This book offers the first in-depth analysis of both international treaty norms and their interpretation by arbitral tribunals applicable to investment in water and sanitation services, complete with thoroughly researched recommendations for those arbitral practitioners in the eye of the storm. Like no previous study the book clearly reveals how to reconcile the economic and fundamental human interests arising from investment in water and sanitation services under the international investment regime. Among many vital issues, the author highlights the importance of the following: legitimacy of a State's alleged regulatory objectives, the suitability of the measures undertaken to achieve the objective, and whether there are less restrictive means available; legal framework and stability of the State; applicable law, changes in law, and emergency circumstances; economic issues such as water pricing; profit-driven private companies'reluctance to serve the poor; investment tribunals'generation of a “regulatory and jurisprudential regime” on water and sanitation services; and determination of liability in relation to expropriation, fair and equitable treatment, and necessity. Arguing that the current investment treaty and arbitral case law framework can regulate water and sanitation services if certain interpretations are favored by adjudicators, the author offers viable, sustainable, and reasonable legal solutions. A detailed annex presents cases decided before a variety of arbitral tribunals, as well as relevant WTO and ICJ cases, and reviews critical literature in the field. The increasing number of cases involved with States'regulatory measures shows that stakes around water services generate specific legal problems which are new in the world of international economic law. As an incisive investigation of what has been called the “incursion of investment tribunal decisions into the regulatory autonomy of host States,” this profound and innovative analysis provides a coherent and consistent method of review that provides greater certainty to both States and investors and deters abuse of power. It will be welcomed by policymakers and stakeholders interested in the implications of “globalization” of water services for the capacity to adapt to climate change and will suggest ways to enable States to better manage vital water services, even after privatization to foreign companies.

Groundwater amounts to 97% of available global freshwater resources. Emphasising the crucial importance of this in the context of increasing population, climate change and the overall global water crisis, Francesco Sindico offers a comprehensive study of the emerging body of international law applicable to transboundary aquifers.Adopting a scenario-based approach, this much-needed book analyses a diverse set of transboundary aquifer agreements and arrangements. With just a handful of such agreements and arrangements around the world, it demonstrates how identifying a normative roadmap for countries that want to begin jointly managing a transboundary aquifer is of paramount importance. Offering an in-depth exploration into the ILC Draft Articles on the Law of Transboundary Aquifers, it provides insight into how this body of law is evolving, and discusses its relation to customary international law.Academics and researchers interested in international water law, environmental law and public international law more widely will find this a unique and compelling work, whilst the book's practical approach will also make it a useful tool for transboundary aquifer professionals and wider stakeholders working in governments and public bodies dealing with water management around the world.

In Data Innovations for Transboundary Freshwater Resources Management: Are Obligations Related to Information Exchange Still Needed?, Christina Leb discusses how technology innovations disrupt the conventional methods of data and information exchange and the potential impact this may have on international water law. Cross-border data and information exchange is one of the most challenging issues for transboundary water management. Only a small number of treaties include direct obligations related to mutual data and information exchange. Technological innovations related to real-time data availability, space technology and earth observation have led to an increase in quality and availability of hydrological, meteorological and geo-spatial data. These innovations open new avenues for access to water related data and transform data and information exchange globally. This monograph is an exploratory assessment of the potential impacts of these disruptive technologies on data and information exchange obligations in international water law.

Will tensions and disputes among states sharing international water courses and lakes turn into active conflicts? Addressing this question, the book shows that these concerns are more prominent due to the locations and underlying political dynamics of some of these large rivers and the strategic interests of major powers.Written by a combination of leading practitioners and academics, this book shows that states are more prone to cooperate and manage their transboundary issues over the use of their common water resources through peaceful means, and the key institutions they employ are international river basin organizations (RBOs). Far from being mere technical institutions, RBOs are key mechanisms of water diplomacy with capacity and effectiveness varying on four key interrelated factors: their legal and institutional development, and the influence of their technical and strategic resources. The basins analyzed span all continents, from both developed and developing basins, including the Columbia, Great Lakes, Colorado, Senegal, Niger, Nile, Congo, Jordan, Helmand, Aral Sea, Mekong, Danube and Rhine.Contributing to the academic discourse on transboundary water management and water conflict and cooperation, the book provides insights to policy-makers on which water diplomacy engagements can be successful, the strengths to build on and the pitfalls to avoid so that shared water resources are managed in a cooperative, sustainable and stable way.

The Research Handbook on International Water Law surveys the field of the law of shared freshwater resources. In some thirty chapters, it covers subjects ranging from the general principles operative in the field and international groundwater law to the human right to water and whether international water law is prepared to cope with climate disruption.Its comprehensive survey of international water law links international water principles to case studies and examples from specific basins, to bring research into real-world relevancy. Different regional traditions and frameworks of international water law are presented in order to provide a global overview. The work is edited by three scholars and practitioners whose work deals with the law of international watercourses and features perspectives from distinguished experts in the field.This Research Handbook will be a crucial resource for academics and researchers, students, relevant government agencies, and practitioners interested in water law and humanitarian law. Contributors include: L. Boisson de Chazournes, L. Caflisch, M. Curlier, L. del Castillo Laborde, J.W. Dellapenna, G.M. Farnelli, B. Guthrie, J.G. Lammers, R. Larson, C. Leb, D. Magraw, M.M. Mbengue, S.C. McCaffrey, O. McIntyre, M.M. Murcia, N. Odili, D. Padmanabhan, R.K. Paisley, C. Parseghian, G. Reichert, A. Rieu-Clarke, A.F.S. Russell, S.M.A. Salman, S.M. Schwebel, Y. Su, A. Tanzi, A.D. Tarlock, M. Tignino, P. Udomritthiruj, K. Uprety, S. Vinogradov, I.T. Winkler, P. Wouters, D. Ziganshina

Angesichts der globalen Wasserkrise steigt die Bedeutung von Grundwasservorkommen als Wasserressource stetig an. Grundwasservorkommen – auch Aquifere genannt – weisen eine hohe Anfälligkeit für Verschmutzung und Raubbau auf. Auch ist die Mehrzahl der Aquifere grenzüberschreitend. Vor diesem Hintergrund erscheint eine rechtliche Regelung dieser bedeutenden Wasserressource unerlässlich. Diese Arbeit setzt hier an und analysiert, inwiefern die jüngste Entwicklung im internationalen Grundwasserrecht – die Draft Articles der UN International Law Commission über das Recht grenzüberschreitender Aquifere – geeignet ist, den Schutz und die Erhaltung von grenzüberschreitenden Grundwasservorkommen effektiv zu regeln sowie eine angemessene Nutzung und Verteilung der Ressource zu gewährleisten. Gegenstand der Untersuchung sind Fragen zum rechtlichen Rahmen, zum Management grenzüberschreitender Aquifere sowie zu aktuellen Herausforderungen im internationalen Wasserrecht.

One of the most challenging aspects of climate change has been the increased pressure on water resources limited by droughts and new rain patterns, which has been exacerbated by rapid modernization. Due to these realities, disputes across national borders over use and access to water have now become more commonplace. This study analyzes the history and adjudication of transboundary water disputes in five international courts and tribunals, two US Supreme Court cases, and boundary water disputes between the United States and Canada and the United States and Mexico. Explaining the circumstances and outcomes of these cases, Kornfeld asks how effective the courts and tribunals have been in adjudicating them. What kind of remedies have they fashioned and how have they dealt with polycentric and sovereignty issues? This timely work examines the doctrine of equitable allocation of transboundary water resources and how this norm can be incorporated into international law.

Les cours d'eau internationaux permettent aux États de tisser des relations harmonieuses ou exacerbent des conflits. Ces espaces sont régis par de nombreux instruments juridiques, mais à défaut d'entente quant à leur interprétation et à leur application, le règlement juridictionnel, notamment celui offert par la Cour internationale de Justice, peut constituer un recours ultime à la résolution d'un différend. La définition même de cours d'eau international sera sans doute examinée dans l'affaire du Silala (Chili c. Bolivie), introduite en juin 2016 devant la CIJ, qui a déjà rendu plusieurs arrêts portant sur les diverses fonctions des fleuves et des rivières. Outre ces affaires, la CIJ et d'autres juridictions ont rendu des décisions relatives à des voies d'eau.

In Adapting Watercourse Agreements to Developments in International Law: The Case of the Itaipu Treaty Maria A. Gwynn offers an account of the need to align watercourses agreements to the current standards and principles of international law, thereby increasing prospects for achieving sustainable development. As a case study, the author focuses on the most important hydroelectrical energy treaty in the South American region and astutely explores its implementation together with states'practices regarding the non-navigational uses of watercourses and their commitments to environmental protection. The analysis offers a unique opportunity to assess the value of the UN Watercourses Convention in recommending states adapt their agreements to the provisions of the convention promoting equitable and reasonable uses of watercourses; an interest not only for the treaty partners but also for river basin states and the international community as a whole.

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.

The Law of International Watercourses is an authoritative guide to the rules of international law governing the navigational and non-navigational uses of international rivers, lakes, and groundwater. The continued growth of the world's population places increasing demands on Earth's finite supplies of fresh water. Because two or more States share many 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 will only increase. Agreements between the States sharing international watercourses are negotiated, and disputes over shared water are resolved, against the backdrop of the rules of international law governing the use of this precious resource. The basic legal rules governing the use of shared freshwater for purposes other than navigation are reflected in the 1997 UN Convention on the Law of the Non-Navigational Uses 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 be addressed in a framework instrument of that kind. The book reviews 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 in the field. The third edition covers the implications of the 1997 Convention coming into force in August 2014, and the compatibility of the 1997 and 1992 Conventions. This edition also updates the entire book, adds new material to many of the chapters, and adds a number of new case studies, including Pulp Mills on the River Uruguay (Argentina v. Uruguay) and Certain Activities carried out by Nicaragua in the Border Area (Costa Rica v. Nicaragua), amongst others.

Cross-border Water Trade: Legal and Interdisciplinary Perspectives is a critical assessment of one of the growing problems faced by the international community — the global water deficit. Cross-border water trade is a solution that generates ethical and economic but also legal challenges. Economic, humanitarian and environmental approaches each highlight different and sometimes conflicting aspects of the international commercialization of water. Finding an equilibrium for all the dimensions required an interdisciplinary path incorporating certain perspectives of natural law. The significance of such theoretical underpinnings is not merely academic but also quite practical, with concrete consequences for the legal status of water and its fitness for international trade.

'Water scarcity is a difficult but important subject to address. Lectures on the topic usually begin with a complex diagram mapping the large number of issue areas that illustrates how vitally important water is to every facet of human existence. However, another message becomes apparent to students: water scarcity is an expansive topic and therefore theoretically problematic. From the start complications arise due to the pervasive nature of water. Water underwrites human life, so how can we begin to discuss it in isolation from other variables? Does water scarcity cause conflict or does conflict cause water scarcity? Is water scarcity due to a lack of availability or to ineffective allocation? Are the problems solved by building more infrastructure or does the spread of infrastructure lead to more water exploitation? Unfortunately, the best answer to most of these questions is:'it depends.'Water scarcity is subject to a wide variation of conditions, depending on the uniqueness of each geographical area. Case studies, such as those used in Raging Waters: China, India, Bangladesh, and Brahmaputra River Politics are vitally important to understanding the broader impacts across a basin, but the ubiquitous nature of water confounds research efforts.'--Provided by publisher.

The rich field of inter-state water law in the United States illustrates both successes and failures in transboundary water management and allocation. In Inter-state Water Law in the United States of America: What Lessons for International Water Law?, this domestic field of transboundary water law is compared and contrasted with international transboundary water law. This analysis is accompanied by a discussion and evaluation of the different cases of shared watercourses that applied these approaches, and a comparison of each of them to similar approaches in international water law. The analysis draws lessons for international water law from inter-states water law - highlighting the successful inter-states approaches that can be adopted by international water law, as well as the approaches that failed, and which should be avoided.

Promoting Equity, Cooperation and Innovation in the Fields of Transboundary Waters and Natural Resources Management honours the memory and legacy of Dr. David J.H. Phillips, an extraordinary scientist, consultant and friend of the editors and contributors. He was a scientist of exceptional quality, dedicated to the practical study of aquatic environments, be they marine, freshwater or virtual. This volume contains excerpts from his meticulously researched work from a wide range of settings globally. Colleagues'essays provide insights to a man who lived life to the utmost, worked to the highest professional standards and had a unique gift in challenging situations to generate understanding and practical responses through his curiosity, remarkable ingenuity, and sheer hard work. His work opens many new paths of research and continues to inspire scientists and researchers in the fields of marine biology and pollution, fresh water issues, and conflict over transboundary water resources.

This book provides a comprehensive review of the state of international law as it applies to transboundary groundwater resources and aquifers. The main focus is on recent developments and the emerging international law for transboundary aquifers as reflected in the practice of states and the work of the UN International Law Commission, UN Economic Commission for Europe, and International Law Association. The author takes an interdisciplinary approach to the subject matter and provides the scientific hydro-geological underpinning for the application of law and policy to transboundary groundwater resources. He also addresses the growing global dependence on this hidden resource, as well as both the historical and scientific context for development of the law. The book provides case examples throughout to illustrate the various concepts and developments. These include more detailed examinations of the few existing transboundary aquifer agreements in operation, such as for aquifers between France and Switzerland and Jordan and Saudi Arabia, as well as aquifers in North Africa and in South America.

Freshwater is an increasingly scarce resource globally, and effective sustainable management will be absolutely crucial in the future. This timely book sets out future scenarios of international trade in both'real'and'virtual'water, examining the relationship between climate change, water scarcity, the human right to water and World Trade Organization law. Trade in Water Under International Law addresses questions of global importance such as: how can international trade in bulk water contribute to the advancement of the human right to water? Are'green-boxed'irrigation subsidies disturbing the markets? Should water-footprint process and production methods allow for a different treatment of otherwise'like'products? From examining the impact of water law on small-scale farmers in developing countries, to the broader issue of global environmental responsibility, Fitzgerald Temmerman explores the options available for fair resource allocation through international law arrangements such as the General Agreement on Tariffs and Trade, and the Agreement on Technical Barriers to Trade. By taking a wide-reaching and non-technical approach, this book will capture the attention not only of international trade law professionals, but of all stakeholders in the field. With such relevance to contemporary environmental issues, this book will also be of interest to non-legally qualified individuals who want to comprehend the future possibilities of fair water trade.

'In international and domestic law water has a widely multifaceted relevance. This book addresses the multifarious water issues from the perspective of a wide range of bodies of law, especially those on foreign investment, international trade and human rights. Its various contributions consistently follow a multi-layered methodological approach encompassing legal, policy, economic, financial, international and comparative domestic analysis. That makes this book a precious tool for international and domestic water policy makers, managers, practitioners and arbitrators.'- Attila M. Tanzi, Bologna University Alma Mater Studiorum, Italy'Charting the Water Regulatory Future is a multifaceted review of contemporary issues concerning development and conservation of water resources. Divided in three parts, this book contains excellent articles that grapple with salient legal, economic and ethical problems that the world will face in the not-too-distant future.'- Thomas J. Schoenbaum, George Washington University Law School, US Water is an essential resource for mankind, yet many countries around the world are currently facing mounting freshwater management challenges, with climate change and new regional imbalances threatening to aggravate this situation further. This timely book offers a unique interdisciplinary inquiry into the issues and challenges water regulation will face in the coming years. The book brings together economists, political scientists, geographers and legal scholars to offer a number of proposals for the future of water regulation. The contributions in this book are grouped around specific themes. In the Part I, the contributions address the challenges which water poses to public international law. In the Part II, the authors explore the most pressing ethical, legal, and social issues. Finally, the discussion in Part III covers the economic drivers shaping the future of water. This discerning book cov‘This book, examining the issues, challenges and directions in water regulation, is very timely... (It) contributes to this gigantic endeavour by identifying some of the most pressing legal and economic issues and challenges, and pointing toward some possible future directions. It is written in a technically accurate yet accessible language and will surely prove useful to scholars, policymakers, and practitioners alike.'– Fernando Dias Simões, European Yearbook of International Economic Law 2018‘In international and domestic law water has a widely multifaceted relevance. This book addresses the multifarious water issues from the perspective of a wide range of bodies of law, especially those on foreign investment, international trade and human rights. Its various contributions consistently follow a multi-layered methodological approach encompassing legal, policy, economic, financial, international and comparative domestic analysis. That makes this book a precious tool for international and domestic water policy makers, managers, practitioners and arbitrators.'– Attila M. Tanzi, Bologna University Alma Mater Studiorum, Italy‘Charting the Water Regulatory Future is a multifaceted review of contemporary issues concerning development and conservation of water resources. Divided in three parts, this book contains excellent articles that grapple with salient legal, economic and ethical problems that the world will face in the not-too-distant future.'– Thomas J. Schoenbaum, George Washington University Law School, US‘This excellent book addresses urgent global water issues: scarcity of clean water as population grows and the climate changes, balancing incentives for investment in infrastructure with human rights to basic needs, jurisdiction and management of international watersheds, and the role of trade and international trade agreements. Individual chapters are sophisticated but accessible and documented rigorously but unobtrusively. The au

In The Protection of Water During and After Armed Conflicts: What Protection in International Law?, Mara Tignino offers an analysis of the principles and rules protecting water in situations of armed conflicts. The monograph also gives insights on the legal mechanisms open to individuals and communities after a conflict. Practice of international organizations and judicial decisions are examined in order to define the contours of the norms dealing with armed conflicts and post-conflict situations. Beyond international humanitarian law, the author suggests that other areas of international law should be taken into account such as human rights law and international water law. This comprehensive view aims at preventing damage to water resources and ensuring access to safe drinking water. Given the fragmentation of instruments and norms dealing with water in times of armed conflicts, it requires an in-depth examination of what means of international law may be developed to ensure a better protection to water.

In Freshwater Boundaries Revisited, María Querol analyzes the different methods applied in the delimitation of international rivers and lakes and the recent developments in the field. This monograph reassesses the diverse methods of boundary delimitation in view of the latest and abundant jurisprudence of the International Court of Justice and the tribunals under the aegis of the Permanent Court of Arbitration on the subject. The author focuses on the influence of human considerations in the field under study and the legal consequences ensuing therefrom, in addition to drawing some conclusions regarding freshwater boundaries.

Erhaltung und Schutz des Süßwassers gehören zu den drängenden Problemen der internationalen Gemeinschaft. Vor diesem Hintergrund befasst sich die Autorin mit den bislang auf völkerrechtlicher Ebene praktizierten Handlungsoptionen und untersucht, ob sich diese bewährt haben. Hierbei beantwortet sie Rechtsfragen und zeigt Regelungsbedarf auf, indem sie auf internationaler und regionaler Ebene die für die Wasserversorgung einschlägigen Menschenrechte und objektivrechtlichen Regelungsansätze sowie die divergierenden zwischen- und innerstaatlichen Interessen an den Fallbeispielen Nil und La Plata analysiert, um daraus allgemeingültige Kooperationschancen abzuleiten. Solche Chancen sieht die Autorin in einem regional begrenzten, kombinierenden Ansatz.

The UNECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes provides invaluable insights into the contribution of this international agreement towards transboundary water cooperation via its legal provisions, accompanying institutional arrangements and subsidiary policy mechanisms.Contributing authors - experts on key aspects of the Convention - address a broad range of issues, primarily concerning its: development and evolution; relationship with other multi-lateral agreements; regulatory framework and general principles; tools for arresting transboundary pollution; procedural rules; compliance and liability provisions; and select issues including its Protocol on Water and Health.

The world is currently experiencing unprecedented global change, with population increase, urbanisation, climate change and environmental degradation combining to make management of freshwater resources a critical policy focus of the twenty-first century. This timely book designs and develops an original, analytical framework for water law reform processes, using case studies across four jurisdictions. Addressing the four principal areas of water law - integrated water resource management (IWRM) and river basin planning, water rights and allocation, water pollution and quality, and water services - this book provides a comprehensive study of water law, within the context of global and regional policy agendas. Case studies from England, Scotland, South Africa and Queensland, Australia, are presented, providing comparators from both common law and mixed jurisdictions, from the northern and southern hemispheres, and from developed and developing countries. A legislative framework is proposed for water law reform processes, and the consequences of different reform options are considered and investigated. A valuable resource for academics and graduate students in environmental law, resource management, hydrology and social science, this book is also highly relevant to policymakers, NGOs and legal practitioners.

Water security threats arising from inadequate access to water for sustaining ecosystems, livelihoods, human well-being and socio-economic development has gained increasing attention over the past decades all over the world, but especially in international river basins shared by two or more states. In the Aral Sea basin, shared by Afghanistan and five post-Soviet republics of Central Asia – Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan - water security issues are extremely pressing due to heavy reliance on, and competition over, shared waters. Promoting Transboundary Water Security in the Aral Sea Basin through International Law addresses the current gap in the literature by moving beyond the static identification of treaties and norms to examine how these treaties and norms can work for water security in practice. In its thorough and incisive scholarship, the book serves as a contribution toward peaceful and sustainable regulation of transboundary watercourses and their ecosystems in the Aral Sea basin.

International Trade in Water Rights provides a new approach to the questions raised by international water transfer projects: To whom does water belong? More precisely, what rules should govern international water transfers from transboundary watercourses? These issues are usually studied through the lenses of international trade law. International Trade in Water Rights offers a new approach by highlighting the fundamental issue of domestic and international water property regime and introducing the difference between trade in water and trade in water rights. International Trade in Water Rights analyses the conditions under which market-based instruments could participate in the resolution of water disputes over international watercourses and recommendations are made based on the study of two cases of inter-state water trading in the Colorado River Basin and in the Murray Darling Basin. It is argued that the recognition of water as an economic good in domestic water reform will increasingly impact the management of international watercourses. The book is of key interest to water professionals, economists, lawyers, and political scientists dealing with transboundary disputes over water.

At the UN General Assembly in 1997, an overwhelming majority of States voted for the adoption of the United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses – a global overarching framework governing the rights and duties of States sharing freshwater systems. Globally, there are 263 internationally shared watersheds, which drain the territories of 145 countries and represent more than forty percent of the Earth's land surface. Hence, inter-State cooperation towards the sustainable management of transboundary water supplies, in accordance with applicable international legal instruments, is a topic of crucial importance, especially in the context of the current global water crisis. This volume provides an assessment of the role and relevance of the UN Watercourses Convention and describes and evaluates its entry into force as a key component of transboundary water governance. To date, the Convention still requires further contracting States before it can enter into force. The authors describe the drafting and negotiation of the Convention and its relationship to other multilateral environmental agreements. A series of case studies assess the role of the Convention at various levels: regional (European Union, East Africa, West Africa, Central Asia, Central America and South America), river basin (e.g. the Mekong and Congo) and national (e.g. Ethiopia and Mexico). The book concludes by proposing how future implementation might further strengthen international cooperation in the management of water resources, to promote biodiversity conservation as well as sustainable and equitable use.

Climate change, population growth and the increasing demand for water are all capable of leading to disputes over transboundary water systems. Dealing with these challenges will require the enhancing of adaptive capacity, the improving of the quality of water-resources management and a reduction in the risk of conflict between riparian states. Such changes can only be brought about through significant international cooperation. Christina Leb's analysis of the duty to cooperate and the related rights and obligations highlights the interlinkages between this duty and the principles of equitable and reasonable utilisation and the prevention of transboundary harm. In doing so, she considers the law applicable to both international watercourses and transboundary aquifers, and explores the complementarities and interaction between the rules of international water law and the related obligations of climate change and human rights law.

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.

This excellent book covers the important legal and political perspectives on the world's 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.'- Catherine Brölmann, University of Amsterdam, The Netherlands'In sum, the volume is a must for all those who know and practice 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.'- Stefano Burchi, Chairman of the International Association for Water Law - AIDA'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.'- Richard Kyle Paisley, University of British Columbia, CanadaThe 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'virtual water'and the impacts of'land grabs'.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.Contributors: A.S. Al-Khasawneh, U. Alam, L. Boisson de Chazournes, L. Caflisch, M. Claassen, C. de Albuquerque, G. de los Cobos, L. del Castillo-Laborde, D. Garrick, J. Granit, D. Grey, E. Hey, V. Hughes, M. Kohen, C. Leb, G. Marceau, M.M. Mbengue, S.C. McCaffrey, O. McIntyre, S.M.A. Salman, D. Shelton, A. Tanzi, M. Tignino, B.A. Yimer