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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.
It is clear that more sustainable and efficient use of fresh water resources will become crucial in future global water management to avoid major threats to biological life. Trade in Water Under International Law offers a careful and well-reasoned introduction and analysis of this emerging and largely unchartered subject of international trade law, which has hitherto been of key importance in domestic law and policy, exploring the potential and limits of addressing the use of water resources in the context of World Trade Organization law.
Water scarcity is an increasing problem in many parts of the world, yet conventional supply-side economics and management are insufficient to deal with it. In this book the role of water trading as an instrument of integrated water resources management is explored in depth. It is also shown to be an instrument for conflict resolution, where it may be necessary to reallocate water in the context of increasing scarcity. Recent experiences of implementation in different river basins have shown their potential as instruments for improving allocation. These experiences, however, also show that there are implementation challenges and some limitations to trading that need to be considered. This book explores the various types of water trading formulas through the experience of using them in different parts of the world. The final result is varied because, in most cases, trading is conditioned by the legal and institutional framework in which the transactions are carried out. The role of government and the definition of water rights and licenses are critical for the success of water trading. The book studies the institutional framework and how transactions have been undertaken, drawing some lessons on how trading can improve. It also analyses whether trading has really been a positive instrument to manage scarcity and improve water ecosystems and pollution emission problems in those parts of the world which are most affected. The book concludes by making policy proposals to improve the implementation of water trading.
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.Apart from theoretical considerations it has very practical consequences, as cross-border water trade appears to constitute one of the most effective ways of balancing water deficits worldwide.
The fact that international trade rules are increasingly applied to water resources reveals the lack of definition and enforcement of international watercourses' property regimes. Policy recommendations are drawn from the study of two federal cases: the Colorado River Basin and the Murray-Darling Basin where market-based mechanisms have recently been discussed and introduced.
The future is drying out. By 2025, up to 40% of the world's population could be suffering of water scarcity, and yet, the role of law in the governance of water resources seems to be mostly spared of critical scrutiny. At the heart of the matter is our conception of water. Traditionally, water had been perceived as a domestic matter, which only exceptionally required international regulation. The key word was sovereignty - water resources were deemed to belong to states as an attribution of the sovereign, which could only be limited by the rights of other sovereigns. Such approach has changed substantially in recent years. Water is now a matter of global concern and, consequently, new legal instruments and agencies have emerged. Such regulatory machinery, which is called here 'Global Water Governance', is crucially dependant on three different legal languages, trapping thus the issue in maelstrom of legal fragmentation. Indeed, water supply is simultaneously framed as an environmental problem by environmental lawyers, as an international economic law issue by the WTO and the ICSID and as a human rights matter by the ECOSOC. Three different regimes: one single invaluable resource. Such fragmented ambivalence has created a certain sense of anxiety, fed by fears of forum shopping, overlapping jurisdictions, and inconsistent case law. The default prescription is coherence. Against such an approach, this paper argues that anxiety should be put to rest, for fragmentation of water law is a creative force, where we may be able to find the answers that traditional international water regulation failed to provide. Rather, it is concluded, emphasis should be made on the mechanisms that enhance transparency and accountability in global water governance.
This publication provides the text of general conventions, declarations, resolutions and decisions adopted by international organizations, international non-governmental organizations and international and arbitral tribunals on international rivers, lakes, relevant basins and underground aquifers. It provides easy access to a vast body of sources of international water law.
The threat of water scarcity touches human populations and ecosystems worldwide. This work overviews the various legal responses to conflicts involving water as a resource. It addresses the continuous development of water law in the face of new water shortage scares. The distinguished team of contributors analyses the nature of the problem, international water law, legal and policy responses to water scarcity in selected regions, and the emergence of a new body of economic water law. Contributing experts in the field of water law and policy reveal the diverse and dynamic development of water law and the interaction between the legal and policy responses at the international, regional, and national levels. A result of the conference `Scarcity of Water, International, European and National Legal Aspects' held at the Faculty of Law of the Erasmus University, Rotterdam in October 1995, this book also contains a selection of papers presented at the conference.
Virtual Water explores the role of "virtual water" – the water embedded in a product – in ongoing conversations of agriculture, trade and sustainability in an increasingly inter-connected world. A pervasive theme throughout the book is the general lack of knowledge of the use of water in producing and consuming food. The chapters, arising from a workshop supported by the OECD Co-operative Research Programme: Biological Resources Management for Sustainable Agricultural Systems, on virtual water, agriculture and trade at the University of Nebraska-Lincoln, consider questions of gaps in knowledge, why sustainability matters and the policy implications of virtual water trade. Contributors show how water is a lens through which to examine an array of vital issues facing humanity and the planet: human and animal health; food production; environmental management; resource consumption; climate change adaptation and mitigation; economic development, trade and competitiveness; and ethics and consumer trust. Virtual Water will be of great interest to scholars of water, resource management and consumption, the environmental aspects of development, agriculture and food production. It originally published as a special issue of Water International.