The Law of International Watercourses

The Law of International Watercourses

Author: Stephen C. McCaffrey

Publisher: Oxford University Press, USA

Published: 2001

Total Pages: 562

ISBN-13:

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The Law of International Watercourses examines the rules of international law governing the non-navigational uses of international watercourses. The continued growth of the world's population places increasing demands on Earth's finite supply of fresh water. Because two or more states sharemany 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 is likely to increase. Resulting disputes will be resolved against thebackdrop of the rules of international law governing the use of international watercourses. In addition, these rules are of importance to donor institutions and governments that provide development assistance for projects relating to shared fresh water resources. While the law of international watercourses continues to evolve due to the intensification of use of shared fresh water resources and, consequently, increasingly frequent contacts between riparian states, The basic rules are reflected in the 1997 UN Convention on the law of the non-navigationaluses 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 beaddressed in a framework instrument of that kind. In particular, the book studies 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.


Governing International Rivers

Governing International Rivers

Author: Tun Myint

Publisher: Edward Elgar Publishing

Published: 2012-01-01

Total Pages: 274

ISBN-13: 1781001480

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'Employing a sophisticated understanding of the interplay between states and nonstate actors, Tun Myint develops a convincing account of the evolution of governance systems for the Rhine and Mekong river basins. In the process, he not only adds to our knowledge of water management at the international level but also deepens our appreciation of the various roles that nonstate actors play in international environmental governance.' – Oran Young, University of California, Santa Barbara, US 'Comparative studies of great river systems and the politics of their regulation are rare. Far rarer still are comparisons of this historical depth, analytical sophistication, attention to local detail and to the contingencies that make breakthroughs possible. Tun Myint's study of the Rhine and Mekong will inspire and inform future studies of both river and environmental politics.' – James C. Scott, Yale University, US 'This is a must read for scholars and water governance practitioners as it addresses the underexploited role of non-state actors and local citizens in the field of international water governance. The book fills in this knowledge gap by offering an inspiring refinement of the theory of polycentricity. Evidence is found by well written and attractive in depth case studies dealing with the international clean up of the Rhine and the construction of the Pak Mun Dam in the Mekong basin.' – Carel Dieperink, Utrecht University, The Netherlands 'This superb analysis of water governance in the Rhine and Mekong river basins should be read by everyone interested in the challenges of international water management.' – Thomas Bernauer, Swiss Federal Institute of Technology (ETH), Zurich, Switzerland This important book employs the theory of polycentricity, a system with several centres as an analytical concept to explain the multilayered international environmental governance of river basins. It introduces a new methodological framework to deconstruct and investigate the dynamics of citizens, states and non-state actors in world politics via the context of river basin governance. The methodology is tested through in-depth field-based case studies, illustrating how local citizens and industries in the Mekong and Rhine river basins participate in transnational environmental governance at both local and international levels. Tun Myint expertly presents both a methodology and theory to conceive polycentricity of world politics as a major intellectual milestone in theorizing world politics. Providing nuanced details of cases showing the challenges and feasibilities of incorporating multiple actors into a governance framework, the book provides careful analysis into the power of non-state actors. This book will prove insightful for scholars and postgraduate students in international relations, international development, global environmental governance, and international business administration. It will also prove an invaluable resource for practitioners and policymakers.


Equitable Utilization

Equitable Utilization

Author: Ibrahim Kaya

Publisher: Ashgate Publishing, Ltd.

Published: 2003

Total Pages: 258

ISBN-13: 9780754622789

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International watercourse law differs from the national laws of most countries. It was of little consequence until the Industrial Revolution but as resources have become scarcer it has taken on a much greater political and economic significance. Ibrahim Kaya's study addresses the key issues.


The Law of International Watercourses

The Law of International Watercourses

Author: Stephen C. McCaffrey

Publisher:

Published: 2019

Total Pages: 689

ISBN-13: 0198736924

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This fully updated new edition of The Law of International Watercourses examines the rules of international law governing the use of international rivers, lakes, and groundwater shared by two or more countries.


Legal Rights for Rivers

Legal Rights for Rivers

Author: Erin O'Donnell

Publisher: Routledge

Published: 2018-10-17

Total Pages: 210

ISBN-13: 0429889607

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In 2017 four rivers in Aotearoa New Zealand, India, and Colombia were given the status of legal persons, and there was a recent attempt to extend these rights to the Colorado River in the USA. Understanding the implications of creating legal rights for rivers is an urgent challenge for both water resource management and environmental law. Giving rivers legal rights means the law can see rivers as legal persons, thus creating new legal rights which can then be enforced. When rivers are legally people, does that encourage collaboration and partnership between humans and rivers, or establish rivers as another competitor for scarce resources? To assess what it means to give rivers legal rights and legal personality, this book examines the form and function of environmental water managers (EWMs). These organisations have legal personality, and have been active in water resource management for over two decades. EWMs operate by acquiring water rights from irrigators in rivers where there is insufficient water to maintain ecological health. EWMs can compete with farmers for access to water, but they can also strengthen collaboration between traditionally divergent users of the aquatic environment, such as environmentalists, recreational fishers, hunters, farmers, and hydropower. This book explores how EWMs use the opportunities created by giving nature legal rights, such as the ability to participate in markets, enter contracts, hold property, and enforce those rights in court. However, examination of the EWMs unearths a crucial and unexpected paradox: giving legal rights to nature may increase its legal power, but in doing so it can weaken community support for protecting the environment in the first place. The book develops a new conceptual framework to identify the multiple constructions of the environment in law, and how these constructions can interact to generate these unexpected outcomes. It explores EWMs in the USA and Australia as examples, and assesses the implications of creating legal rights for rivers for water governance. Lessons from the EWMs, as well as early lessons from the new ‘river persons,’ show how to use the law to improve river protection and how to begin to mitigate the problems of the paradox.


Implementing International Watercourses Law Through the WEF Nexus and SDGs

Implementing International Watercourses Law Through the WEF Nexus and SDGs

Author: Zeray Yihdego

Publisher: Brill Research Perspectives in

Published: 2020-09-24

Total Pages: 96

ISBN-13: 9789004444706

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Implementing International Watercourses Law through the WEF Nexus and SDGs: An Integrated Approach Illustrated in the Zambezi River Basin offers an innovative approach to the implementation of international water law (IWL) through integration of the law, the WEF Nexus and SDGs.


Governing International Watercourses

Governing International Watercourses

Author: Susanne Schmeier

Publisher: Routledge

Published: 2013

Total Pages: 370

ISBN-13: 0415623588

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In this contribution to the academic and policy debates surrounding the management and governance of shared natural resources, the focus is placed on River Basin Organizations as the key institutions for managing internationally shared water resources. The book includes advide to policy makers based on worldwide analysis, and three detailed case studies from three continents: the Senegal (West Africa), Mekong (South-east Asia) and Danube (Europe) rivers.


Cross-border Water Trade: Legal and Interdisciplinary Perspectives

Cross-border Water Trade: Legal and Interdisciplinary Perspectives

Author: Piotr Szwedo

Publisher: BRILL

Published: 2018-11-12

Total Pages: 402

ISBN-13: 9004382895

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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.