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The Research Handbook on International Water Law surveys the field of the law of shared freshwater resources. In some thirty chapters, it covers subjects ranging from the general principles operative in the field and international groundwater law to the human right to water and whether international water law is prepared to cope with climate disruption. The authors are internationally recognized experts in the field, most with years of experience. The Research Handbook is edited by three scholars and practitioners whose publications and work deal with the law of international watercourses.
The book provides a comprehensive assessment of the law governing the use and management of the Nile and considers, more broadly, how international water law can guide the development of a legal and institutional framework for cooperation over shared freshwater resources. It defines the current state of international water law and discusses the content of the United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses. On this basis, it assesses the Nile water treaties and the 2010 Cooperative Framework Agreement for the Nile, and examines their compliance with international law, with a specific focus on the legal consequences of South Sudan's secession from Sudan. Moreover, the book recommends important amendments to the 2010 Agreement. Building on these recommendations, it addresses the implementation of the principle of equitable and reasonable use regarding the Nile, illustrating the extent to which the principle can provide a conceptual framework for regulating water use. The book is a valuable resource for academics and practitioners alike as it combines legal assessment with a discussion of how international water law principles can be implemented in practice.
In The Community of Interest Approach in International Water Law, Julie Gjørtz Howden identifies the normative elements of the community of interest approach, and how the approach provides a legal framework for common management of international watercourses.
A multidisciplinary text, considering both general issues and principles of water law and administration at national and international level, dealing with current legal and institutional aspects of water resources management. New information has been added in this latest edition, including the situation in countries previously a part of the former Soviet Union. Added emphasis is given to areas of growing topical importance, such as stakeholders' influence on decisions, the need to maintain a minimum flow in water bodies and the necessity for legislation in support of water resource monitoring. There is new material on the European Union Water Framework Directive which is referenced heavily in the work. The book is aimed at those who carry out functions in water resources administration and those who deal with legal issues raised by water management. The book will be particularly useful to academics and graduate students of law, engineering, hydrology, hydrogeology, sanitary engineering and planners, as well as national and international water resources managers.
With the current body of international water law limited to customary principles and nascent treaty instruments, the potential for major transboundary water resources conflict is high. Nowhere is this more apparent than in the Nile River Basin. At about 6,825 km long, the Nile is the longest river in the world, sustaining the livelihoods of more than 180 million people in 11 riparian countries. And yet, the Nile River continues to flow without a binding cooperative management treaty or agreement. While the Nile Basin Cooperative Framework Agreement (CFA) may soon come into force, it lacks the support and participation of two of the largest players in the region, downstream Egypt and Sudan. Meanwhile, basin countries' interpretations of customary international water law highlight the inherent and predictable difficulties of reconciling the principles of equitable use and no significant harm. Considering the Nile River Basin's critical importance to the economic development of basin states, the absence of a binding cooperative management agreement places the Nile River Basin at risk of conflict and continued mismanagement. This chapter analyzes the legal status of Nile River Basin water allocations through the lens of contemporary international water law, a developing body of law struggling to resolve transboundary disputes such as those found in the Nile River Basin.
This book, which was first published in 1992 and then updated in 2007, provides a tool for dealing with the legal and institutional aspects of water resources management within national contexts and at the level of transboundary water resources. Like its two previous editions, it seeks to cover all aspects that need to be known in order to attain good water governance, but it provides updates concerning developments since 2007. These relate, inter alia, to the following: - the “greening” of water law, which calls for the progressive integration of environmental law principles into domestic and international water law; - the adoption, by the International Law Commission in 2008, of the Draft Articles on the Law of Transboundary Aquifers, and subsequent developments; - the emergence of the right to water as a self-standing human right; - the adoption of domestic water laws supporting integrated water resources management (IWRM) and enhanced public participation in planning and decision making; - the integration into these laws of tools facilitating adaptive water management as a response to climate variability and change; - progress in the implementation of EU law; - recent international agreements and judicial decisions; - efforts of regional organizations other than the EU to steer cooperation in the management of transboundary water resources and the harmonization of national laws; - institutional mechanisms for the management of transboundary water resources (surface and underground). Unique in its scope and nature, the book identifies the legal and institutional issues arising in connection with water resources management and provides guidelines for possible solutions in a manner accessible to a wide range of readers. Thus, it is a useful reference for lawyers and non-lawyers — engineers, hydrologists, hydrogeologists, economists, sociologists — dealing with water resources within government institutions, river basin commissions, international organizations, financing institutions and academic institutions, among other things, and also for students of disciplines related to water resources.
Effectively managing increasingly scarce transboundary water resources in many parts of the world may become one of the most critical challenges facing the international community in the 21st century. Global warming is expected to exacerbate the existing problems of water scarcity in Africa, the Middle East and Central Asia, and threatens to affect even relatively water-secure regions and countries. Global freshwater resources are shrinking at an increasing pace. Forty percent of the world's population depends on transboundary water resources, a situation that raises serious concerns at the international level. Unresolved issues of water resource use and allocation may create the potential for serious interstate conflicts and undermine regional stability. It is imperative that existing and potential disputes over access to shared water resources are resolved through peaceful means within the framework of legal principles and norms provided by international law. While not yet in force, the 1997 UN Convention on the Law of the Non-Navigational Uses of International Watercourses codifies a number of rules of customary law that apply to international watercourses. However, even in the absence of a universally ratified instrument there is a body of international rules widely acknowledged as an authoritative statement of international law governing international watercourses - the International Law Association (ILA) rules on the law of international water resources. The present book, which contains the complete collection of the ILA rules on international water resources, together with comments, explanatory notes and other supporting materials, will be of significant academic and practical value to the range of experts working in this field. There is no doubt that legal scholars and researchers will find this book very helpful in discovering the conceptual underpinings and the evolution of international water law. For the practitioners, this collection will serve as a useful reference tool containing a wealth of 'black letter' normative material.
Effectively managing increasingly scarce transboundary water resources in many parts of the world may become one of the most critical challenges facing the international community in the 21st century. Global warming is expected to exacerbate the existing problems of water scarcity in Africa, the Middle East and Central Asia, and threatens to affect even relatively water-secure regions and countries. Global freshwater resources are shrinking at an increasing pace. Forty percent of the world's population depends on transboundary water resources, a situation that raises serious concerns at the international level. Unresolved issues of water resource use and allocation may create the potential for serious interstate conflicts and undermine regional stability. It is imperative that existing and potential disputes over access to shared water resources are resolved through peaceful means within the framework of legal principles and norms provided by international law. While not yet in force, the 1997 UN Convention on the Law of the Non-Navigational Uses of International Watercourses codifies a number of rules of customary law that apply to international watercourses. However, even in the absence of a universally ratified instrument there is a body of international rules widely acknowledged as an authoritative statement of international law governing international watercourses - the International Law Association (ILA) rules on the law of international water resources. The present book, which contains the complete collection of the ILA rules on international water resources, together with comments, explanatory notes and other supporting materials, will be of significant academic and practical value to the range of experts working in this field. There is no doubt that legal scholars and researchers will find this book very helpful in discovering the conceptual underpinings and the evolution of international water law. For the practitioners, this collection will serve as a useful reference tool containing a wealth of 'black letter' normative material.
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.
Problems relating to the non-navigational uses of international watercourses have the capacity to be among the most serious causes of international conflicts in the new century. The Convention adopted by the UN General Assembly on 21 May 1997 is the first comprehensive attempt to provide at the universal level a coherent set of rules for the avoidance, management and settlement of such conflicts. This book gives a brief history of the codification process leading to the adoption of the Convention and considers the conflicting approaches to the subject that have been taken over the years. It examines the Convention as future treaty law and considers its impact on customary law putting it in the context of existing relevant international instruments. It analyses the substantive principles of equitable utilisation and of no-harm, on the one hand, and the procedural obligations, on the other, and emphasises their mutual complementarity. The specific rules on the environmental protection of watercourses are given separate consideration underlining the indivisibility of water quality and water quantity issues, while the dispute settlement provisions set out in the Convention are studied with special emphasis on negotiated settlement as their ultimate aim. This book will be a compulsory tool for law makers, negotiators of future watercourse agreements and water law practitioners, as well as a required reading for students of the international law of shared natural resources.