International Water Law and the Human Right to Water

International Water Law and the Human Right to Water

Author: Imad Antoine Ibrahim

Publisher: Taylor & Francis

Published: 2024-11-19

Total Pages: 141

ISBN-13: 1040165184

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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.


Research Handbook on Freshwater Law and International Relations

Research Handbook on Freshwater Law and International Relations

Author: Mara Tignino

Publisher: Edward Elgar Publishing

Published:

Total Pages: 547

ISBN-13: 1785360698

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Recent decades have seen pivotal changes in the management and protection of water resources, with human rights, environmental and water law each developing a strong interest in the conservation of fresh water. This surge in interest has meant that dispute settlement mechanisms, along with diplomatic tools, are becoming increasingly necessary for conflict resolution. This Handbook offers an analysis of the interaction between law and various forms of knowledge and expertise, ranging from economics to environmental and social sciences. Leading scholars examine general and specific water legal regimes and analyse the interplay between various disciplines in order to establish the extent to which law is informed by each.


The UN Convention on the Law of the Non-Navigational Uses of International Watercourses

The UN Convention on the Law of the Non-Navigational Uses of International Watercourses

Author: Laurence Boisson de Chazournes

Publisher: Oxford University Press

Published: 2018-12-13

Total Pages: 545

ISBN-13: 0191084425

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The United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses plays a crucial role in protecting and managing international watercourses and other sources of fresh water. Boisson de Chazournes, Mbengue, Tignino, and Sangbana head a team of experts in this Commentary, examining the travaux préparatoires leading to the Convention and the practice that has developed since the adoption of the Convention in 1997. Tackling the rationale and objectives of the provisions, they offer crucial insights to the Convention's impact on the development of a universal regime for shared water resources. Examining cross-cutting topics such as the core water principles, the prevention and settlement of water disputes, the relationship between the Convention and other legal instruments, as well as the role of the ICJ and other judicial means to solve water disputes, this book is crucial to all those who seek a deep understanding of water law.


The UN Watercourses Convention in Force

The UN Watercourses Convention in Force

Author: Flavia Rocha Loures

Publisher: Routledge

Published: 2013-09-11

Total Pages: 422

ISBN-13: 1136484388

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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.


A Bridge over Troubled Waters

A Bridge over Troubled Waters

Author: Helene Ruiz Fabri

Publisher: BRILL

Published: 2020-10-12

Total Pages: 482

ISBN-13: 900443495X

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A Bridge Over Troubled Waters: Dispute Resolution in the Law of International Watercourses and the Law of the Sea offers novel comparative analysis from leading experts on the resolution of disputes concerning international watercourses and the oceans.


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

Published: 2020-11-16

Total Pages: 96

ISBN-13: 9004444718

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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.


The Gabčíkovo-Nagymaros Judgment and Its Contribution to the Development of International Law

The Gabčíkovo-Nagymaros Judgment and Its Contribution to the Development of International Law

Author: Serena Forlati

Publisher: BRILL

Published: 2020-05-18

Total Pages: 273

ISBN-13: 9004428674

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The Gabčíkovo-Nagymaros Judgment is among the most influential pronouncements of the International Court of Justice. While the Court took an unusual approach to settling this dispute, it also adopted important stances on a number of complex issues of sustainable development and delicate problems of ‘general’ international law. It significantly contributed to the elucidation and consolidation of many rules pertaining to the law of treaties, the law of international responsibility, and their mutual relationship. The Gabčíkovo-Nagymaros Judgment and its Contribution to the Development of International Law offers a comprehensive analysis of both the management of this case and the substantive legal issues at stake. It also reappraises the Court’s findings in light of subsequent developments in the international legal order, focusing on the role of the ‘World Court’ in fostering such developments.


The UNECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes

The UNECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes

Author: Attila Tanzi

Publisher: Hotei Publishing

Published: 2015-04-21

Total Pages: 575

ISBN-13: 900429158X

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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.


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.