The Role of Law in Transboundary River Basin Disputes
The Role of Law in Transboundary River Basin Disputes

Author: Chukwuebuka Edum

Publisher: Taylor & Francis

Published: 2023-12-22

Total Pages: 174

ISBN-13: 1003834949

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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.

Complexity of Transboundary Water Conflicts
Complexity of Transboundary Water Conflicts

Author: Enamul Choudhury

Publisher: Anthem Press

Published: 2018-12-07

Total Pages: 294

ISBN-13: 1783088702

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‘Complexity of Transboundary Water Conflicts’ seeks to understand transboundary water issues as complex systems with contingent conditions and possibilities. To address those conditions and leverage the possibilities it introduces the concept of enabling conditions as a pragmatic way to identify and act on the emergent possibilities to resolve transboundary water issues. Based on this theoretical frame, the book applies the ideas and tools from complexity science, contingency and enabling conditions to account for events in the formulation of treaties/agreements between disputing riparian states in river basins across the world (Indus, Jordan, Nile, Ganges, Brahmaputra, Colorado, Danube, Senegal and Zayandehrud). It also includes a section with scholars’ reflections on the relevance and weakness of the theoretical framework.

Transboundary Freshwater Dispute Resolution
Transboundary Freshwater Dispute Resolution

Author: Heather L. Beach

Publisher:

Published: 2000

Total Pages: 0

ISBN-13: 9789280810387

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This book provides a comprehensive review of the relevant literature on managing conflicts stemming from the quantity and quality problems of water around the world. So far, few comprehensive and interdisciplinary analyses of such international surface water conflicts have been produced. The literature surveyed indicates that while in many areas there has been extensive research and analysis, there continues to be a need for more studies on the specific situations that lead to conflicts over water and other environment resources. Lateral learning, an attempt to understand the similarities between all conflicts over natural resources, will lend itself to future applications in predicting and preventing these conflicts. A survey of internati9nal watersheds provides some bibliographical and general data collected from over 200 transboundary watersheds. A subset of case studies of the exhaustive list of international watersheds is examined in greater detain. A related effort is a compilation and analysis of relevant water treaties, and the rationale for their implementations.

The Mekong: A Socio-legal Approach to River Basin Development
The Mekong: A Socio-legal Approach to River Basin Development

Author: Ben Boer

Publisher: Routledge

Published: 2015-12-22

Total Pages: 301

ISBN-13: 1317657780

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An international river basin is an ecological system, an economic thoroughfare, a geographical area, a font of life and livelihoods, a geopolitical network and, often, a cultural icon. It is also a socio-legal phenomenon. This book is the first detailed study of an international river basin from a socio-legal perspective. The Mekong River Basin, which sustains approximately 70 million people across Cambodia, China, Laos, Myanmar, Thailand and Vietnam, provides a prime example of the socio-legal complexities of governing a transboundary river and its tributaries. The book applies its socio-legal analysis to bring a fresh approach to understanding conflicts surrounding water governance in the Mekong River Basin. The authors describe the wide range of uses being made of legal doctrine and legal argument in ongoing disputes surrounding hydropower development in the Basin, putting to rest lingering caricatures of a single, ‘ASEAN’ way of navigating conflict. They call into question some of the common assumptions concerning the relationship between law and development. The book also sheds light on important questions concerning the global hybridization or crossover of public and private power and its ramifications for water governance. With current debates and looming conflicts over water governance globally, and over shared rivers in particular, these issues could not be more pressing.

Transboundary Water Politics in the Developing World
Transboundary Water Politics in the Developing World

Author: Naho Mirumachi

Publisher: Routledge

Published: 2015-03-05

Total Pages: 203

ISBN-13: 1135082839

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This book examines the political economy that governs the management of international transboundary river basins in the developing world. These shared rivers are the setting for irrigation, hydropower and flood management projects as well as water transfer schemes. Often, these projects attempt to engineer the river basin with deep political, socio-economic and environmental implications. The politics of transboundary river basin management sheds light on the challenges concerning sustainable development, water allocation and utilization between sovereign states. Advancing conceptual thinking beyond simplistic analyses of river basins in conflict or cooperation, the author proposes a new analytical framework. The Transboundary Waters Interaction NexuS (TWINS) examines the coexistence of conflict and cooperation in riparian interaction. This framework highlights the importance of power relations between basin states that determine negotiation processes and institutions of water resources management. The analysis illustrates the way river basin management is framed by powerful elite decision-makers, combined with geopolitical factors and geographical imaginations. In addition, the book explains how national development strategies and water resources demands have a significant role in shaping the intensities of conflict and cooperation at the international level. The book draws on detailed case studies from the Ganges River basin in South Asia, the Orange–Senqu River basin in Southern Africa and the Mekong River basin in Southeast Asia, providing key insights on equity and power asymmetry applicable to other basins in the developing world.

Transboundary Water Cooperation
Transboundary Water Cooperation

Author: Patricia Wouters

Publisher: Routledge

Published: 2018-10-15

Total Pages: 438

ISBN-13: 1351973703

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China and its neighbours face a series of water security issues, in which international law plays a vital role. Paramount to both policymakers and researchers in the field of water law, the current status of transboundary water cooperation schemes and how these operate in China is of global significance. Grounded in international experience, this comprehensive volume provides readers with an up-to-date overview of current international transboundary water resource sharing policies and practices, including detailed case studies at both domestic and international levels. The authors discuss existing international laws, treaties, and principles that may stimulate transboundary water cooperation and dialogue, and then analyse a number of international experiences with treaties in North America, Eastern Europe, and Central Asia. They take stock of China’s water resource issues, legal practices and options, examine case studies of China’s southern shared rivers, and explore some innovative approaches to cooperative management of shared waters within China. The articles in this book were originally published in the journal Water International.

Peaceful Uses of International Rivers
Peaceful Uses of International Rivers

Author: Hilal Elver

Publisher: Brill Nijhoff

Published: 2002

Total Pages: 552

ISBN-13:

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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.

Bridges Over Water: Understanding Transboundary Water Conflict, Negotiation And Cooperation (Second Edition)
Bridges Over Water: Understanding Transboundary Water Conflict, Negotiation And Cooperation (Second Edition)

Author: Ariel Dinar

Publisher: World Scientific Publishing Company

Published: 2013-02-21

Total Pages: 432

ISBN-13: 9814436674

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Bridges over Water places the study of transboundary water conflicts, negotiation, and cooperation in the context of various disciplines, such as international relations, international law, international negotiations, and economics. It demonstrates their application, using various quantitative approaches, such as river basin modeling, quantitative negotiation theory, and game theory. Case-studies of particular transboundary river basins, lakes, and aquifers are also considered.This second edition updates the literature on international water and in-depth analyses on political developments and cooperation between riparian states. With an appended chapter on principles and practices of negotiation, and a new case study on the La Plata Basin, this edition is a timely update to the field of transboundary water studies.

Promoting Transboundary Water Security in the Aral Sea Basin through International Law
Promoting Transboundary Water Security in the Aral Sea Basin through International Law

Author: Dinara Ziganshina

Publisher: Martinus Nijhoff Publishers

Published: 2014-10-09

Total Pages: 280

ISBN-13: 900427426X

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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.