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This fifth volume in the Permanent Court of Arbitration/Peace Palace Papers series reproduces the work of the 6th International Law Seminar held at the Peace Palace on November 8, 2002. The Seminar's distinguished panelists and participants focused on the settlement of international disputes over that most essential of natural resources water. They explored a range of questions: Which settlement mechanisms are most promising in the field of transboundary freshwater disputes? Is adjudication a suitable method of apportioning water rights which are vital not only to human life, but to the agriculture and industry of every nation on the planet? Given the need for "win-win" solutions to most water disputes, are negotiation and regional cooperation the only realistic and viable methods for settling them? What is the potential role of conciliation, mediation, good offices and other ad hoc mechanisms? This volume also contains the 1997 United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses, a multilateral framework treaty dealing with transboundary freshwater, which provides a variety of tools (such as the submission of disputes to fact-finding commissions) for the peaceful resolution of water disputes.
Examining international water allocation policies in different parts of the world, this book suggests that they can be used as a platform to induce cooperation over larger political issues, ultimately settling conflicts. The main premise is that water can and should be used as a catalyst for peace and cooperation rather than conflict. Evidence is provided to support this claim through detailed case studies from the Middle East and the Lesotho Highlands in Africa. These international cases – including bilateral water treaties and their development and formation process and aftermath – are analyzed to draw conclusions about the outcomes as well as the processes by which these outcomes are achieved. It is demonstrated that the perception of a particular treaty as being equitable and fair is mainly shaped by the negotiation process used to reach certain outcomes, rather than being determined mechanistically by the quantitative allocation of water to each party. The processes and perceptions leading to international water conflict resolutions are emphasized as key issues in advancing cooperation and robust implementation of international water treaties. The key messages of the book are therefore relevant to the geo-political and hydro-political aspects of water resources in the context of bilateral and multilateral conflicts, and the trans-boundary management of water resources, which contributes insights to political ecology, geo-politics, and environmental policy.
Water conflicts in India have now percolated to every level. They are aggravated by the relative paucity of frameworks, policies and mechanisms to govern the use of water resources. Based on the premise that understanding and documenting different types of water conflict cases in all their complexity would contribute to informed public debate and facilitate their resolution, Forum for Policy Dialogue on Water Conflicts in India, a collaborative initiative of the WWF project ‘Dialogue on Water, Food and Environment’, documented a number of such case studies. One of its kind in India, this book brings together an impressive sixty-three case studies – summarized status of the conflicts, the issues involved and their current position – and gives us a glimpse into ‘the million revolts’ that are brewing around water. While recognizing that each conflict is a microcosm of wider conflicts, the editors have classified these cases into eight broad themes that try to capture the dominant aspect of the conflict. These are: contending water uses; dams and displacement; equity-access-allocations; micro-level conflicts; water quality; trans-boundary conflicts; privatization; sand excavation and mining. With a mix of academics and activists as contributors, the book makes an important contribution to a new discourse on water in general, and water conflicts and conflict resolution in particular.
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.
What is the one thing that no one can do without? Water. Where water crosses boundaries – be they economic, legal, political or cultural – the stage is set for disputes between different users trying to safeguard access to a vital resource, while protecting the natural environment. Without strategies to anticipate, address, and mediate between competing users, intractable water conflicts are likely to become more frequent, more intense, and more disruptive around the world. In this book, Delli Priscoli and Wolf investigate the dynamics of water conflict and conflict resolution, from the local to the international. They explore the inexorable links between three facets of conflict management and transformation: Alternative Dispute Resolution (ADR), public participation, and institutional capacity. This practical guide will be invaluable to water management professionals, as well as to researchers and students in engineering, economics, geography, geology, and political science who are involved in any aspects of water management.
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.
Proceedings of the NATO Advanced Research Workshop, held in Budapest, Hungary, from October 16-18, 1997
In Use of Experts in International Freshwater Disputes, Mbengue and Das offer a critical assessment of the involvement of experts in resolving international water disputes. International disputes related to freshwater are increasing in number and complexity. The rising complexity is necessarily accompanied and compounded by the involvement of experts in dispute resolution. This monograph examines, through a number of case studies, decided by international tribunals, the role and use (or absence) of experts in international freshwater disputes. Through this examination, the authors identify the lacunae as well as good practices in expert use in disputes of this nature. The monograph goes on to suggest the best practices with respect to expert involvement and use for a more efficient and fair resolution of international water disputes.
The world increasingly relies on groundwater resources for drinking water and the provision of food for a growing population. The utilization of aquifer systems also extends beyond freshwater supply to include other resources such as heat extraction and the storage and disposal of substances. Unlike other books about conflict resolution and negotiations over water resources, this volume is unique in focusing exclusively on conflicts over groundwater and aquifers. The author explores the specific challenges presented by these "hidden" resources, which are shown to be very different from those posed by surface water resources. Whereas surface watersheds are static, groundwater boundaries are value-laden and constantly changing during development. The book describes the various issues surrounding the governance and management of these resources and the various parties involved in conflicts and negotiations over them. Through first-hand accounts from a pracademic skilled in both process and substance as a groundwater professional and professional mediator, the book offers options for addressing the challenges and issues through a transdisciplinary approach.
A thorough analysis of how effectively international courts and tribunals adjudicate transboundary water disputes, using detailed case studies.