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.
Groundwater represents about 97 per cent of the fresh water resources available on earth (excluding the water locked in the polar ice), and is of key social, economic, environmental and strategic importance. Aquifers (including numerous transboundary ones) are coming under growing pressure from over-abstraction and pollution, which seriously threaten their sustainability. This publication brings together a range of binding and non-binding international law instruments dealing with groundwater, an emerging body of rules that indicate a trend towards more comprehensive international regulation in this important field.
In International Groundwater Law and the US-Mexico Border Region, Maria E. Milanes provides a study and analysis of the international groundwater law. The regulation and groundwater management along the US-Mexico border reflect the current international trends for management of transboundary groundwater. International Groundwater Law and the US-Mexico Border Region offers a new international legal and institutional framework to manage fossil aquifers and groundwater in conjunctive use with surface water, where specific guidelines and recommendations for water banking can improve water allocation and protect the environment. This framework can be adapted to any region of around the world. The US-Mexico border is the case study selected to apply and demonstrate the efficacy of this legal and institutional framework.
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.
This book provides the first comprehensive assessment of the various issues faced by countries in the European Union, where progressing climate change and urbanization pose significant cooperative challenges in a large number of river basins. Conducting a thorough analysis of the intricate web of EU water governance, it reveals that the hydropolitical stability of the European Union is already at risk. Further, given the structural nature of the shortcomings in EU water policy—e.g. the rigidity of the EU’s founding treaties or the institutional complacency of the European Commission—the book argues that these risks are likely to turn into sources of prolonged conflict, unless EU decision-making bodies take steps to address the new hydrological realities early on.
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.
This book undertakes a scholarly assessment of the state of the art of law and policy perspectives on groundwater and climate change at the international, regional and national levels. A particular focus is given to India, which is the largest user of groundwater in the world, and where groundwater is the primary source of water for domestic and agricultural uses. The extremely rapid rise in groundwater use in many Indian states has led to a growing groundwater crisis that they must address. The existing regulatory framework has not adapted to the challenges and fails to address any environmental concerns. On climate change, India has adopted a policy framework that makes the link with water, but no legislation has followed up to make the link operational. The subject matter of this book has been widely debated with regard to each of its main two components separately. Bringing these two domains together is what makes this book unique. The link between climate change and groundwater has been acknowledged to some extent, and there is growing interest in studying the impacts of climate change on (ground)water. Similarly, in water and environmental law and policy, increasing attention has been given to the study of climate change and groundwater legal and policy frameworks but generally separately. This book contributes to filling this knowledge gap by drawing on contributions from leading experts in the field of environmental and water law and policy who have been involved in climate change and/or groundwater research. The chapters in this book were originally published in a special issue of Water International.
Selected Writings is a collection of articles and studies which reflect different stages of the author's experience as a scholar and a provider of technical legal assistance in the field of water law and administration, both national and international. Its purpose is to provide, mostly through practical examples, an insight into the manner in which studies and research on various topics relevant to water law and administration may be conducted and water management issues are to be considered from the legal and institutional viewpoint. The book also highlights possible legal solutions to water management problems, thereby showing the important role that the lawyer may be called upon to play in this connection. This book complements with practical experience the previous major work of the author, 'Principles of Water Law and Administration - National and International', which is a basic textbook for reference. Selected Writings will be very useful to students wishing to specialize in water law, scholars and future water resources managers and planners.
The development of international groundwater law / Albert E. Utton -- Principles for international groundwater law / Dante Caponera and Dominique Alheritiere -- The groundwater legal regime as instrument of policy objectives and management / Robert D. Hayton -- Tronsboundary ground water pollution / Ludwik A. Teclaff and Eileen Teclaff -- International aquifer management / J.C. Day -- Institutional alternatives for Mexico-U.S. groundwater management / Robert D. Hayton -- Institutional alternatives for managing groundwater resources / Robert Emmet Clark -- International groundwater management / Albert E. Utton -- Documents / Ludwik A. Teclaff and Eileen Teclaff
