Environmental Protection of International Watercourses under International Law PDF Download
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Author: Owen McIntyre
Publisher: Routledge
ISBN: 1317142217
Category : Law
Languages : en
Pages : 448
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Book Description
McIntyre's work explains the legal means by which requirements of environmental protection influence the determination of a reasonable and equitable regime for allocating rights to riparian states to utilize shared freshwater resources. The work examines the means and processes by which environmental considerations can act upon the operation of the principle of equitable utilization. The volume provides a comprehensive analysis of the subject, outlining the development, scope and operation in general and customary international law of key rules of environmental protection.
Author: Owen McIntyre
Publisher: Routledge
ISBN: 1317142217
Category : Law
Languages : en
Pages : 448
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Book Description
McIntyre's work explains the legal means by which requirements of environmental protection influence the determination of a reasonable and equitable regime for allocating rights to riparian states to utilize shared freshwater resources. The work examines the means and processes by which environmental considerations can act upon the operation of the principle of equitable utilization. The volume provides a comprehensive analysis of the subject, outlining the development, scope and operation in general and customary international law of key rules of environmental protection.
Author: Alistair Rieu-Clarke
Publisher: IWA Publishing
ISBN: 1843390752
Category : Science
Languages : en
Pages : 268
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Book Description
Implementing the goal of sustainable development has long been heralded as the means by which the needs of both present and future generations can be met. However, finding a long-term balance between economic, social and environmental interests, the basic tenet of sustainable development, has proved largely illusive in practice. This book shows that while a number of legal frameworks to help promote the goal of sustainable development have been proposed at the international level they fail to fully capture the essence of sustainable development and international law's capacity to support its implementation. The book offers a critical analysis of past attempts to develop legal frameworks for promoting sustainable development at the international level, and advocates for a fresh approach based on lessons learnt from the law of international watercourses. The book is divided into four sections. The first section includes an overview of the topic area and an understanding of international law. In section two the book explores the meaning of sustainable development and considers the term's relationship with international law. A detailed analysis of how the law of international watercourses seeks to reconcile competing economic, social and environmental interests is carried out in section three. The book concludes with a section advocating the need for a fresh approach to international law and sustainable development and offering the foundations for this approach based on lessons learnt from the law of international watercourses.
Author: Attila Tanzi
Publisher: BRILL
ISBN: 9004420835
Category : Law
Languages : en
Pages : 378
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Book Description
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.
Author: Agnes Chong
Publisher: BRILL
ISBN: 9004511830
Category : Law
Languages : en
Pages : 417
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Book Description
This book traces the development of international water law that has come to privilege and the water utilisation rights of sovereign states over the environment. It argues that existing mechanisms in international law can be applied to improve environmental protection.
Author: Laurence Boisson de Chazournes
Publisher: Oxford Commentaries on Interna
ISBN: 0198778767
Category : Law
Languages : en
Pages : 545
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Book Description
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 thisCommentary, examining the travaux preparatoires 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 auniversal 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 thosewho seek a deep understanding of water law.
Author: Ibrahim Kaya
Publisher: Ashgate Publishing, Ltd.
ISBN:
Category : Law
Languages : en
Pages : 256
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Book Description
The law of international watercourses has evolved through a process of balancing water rights of all watercourse states and in May 1997 the UN General assembly adopted a resolution inviting states to become party to the Convention of the Law of the Non-navigational Uses of International Watercourses. This book examines the relevant sources of international law in search of a governing principle in the non-navigational uses of international watercourses under recent developments.In order to understand clearly the present position of international law of watercourses, it is necessary to look at the evolution of various theories which have been advanced to define the rights of watercourse states, such as territorial integrity, absolute and limited territorial sovereignty and common management. It is argued that the contestant claims made by the extreme theories meet in a middle way, which is the theory of restricted territorial sovereignty. Any principle claiming to have the primacy should, as a consequence, be in conformity with this reality. The principle of equitable utilisation recognises the rights of all watercourse states and balances them.
Author: Ellen Hey
Publisher: Edward Elgar Publishing
ISBN: 1781954585
Category : Law
Languages : en
Pages : 200
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Book Description
Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world’s leading scholars. This accessible and concise introduction provides a salient overview of contemporary international environmental law as well as a critical assessment of the controversies that arise when trying to achieve environmental protection through international law. Covering the origins, content, institutional structure and accountability mechanisms of international environmental law, in their social-economic and political context, Ellen Hey discusses substantive and procedural fairness, thus exploring questions of distributive justice, accountability and legitimacy. Providing an invaluable entry point to this complex area of the law, this book enables a rapid understanding of the core principles of this multi-faceted topic. Key features include: • Concise and compact overview • Discusses contemporary developments • Examines IEL’s relationship to other areas of international law • Considers the social-economic context.
Author: Owen McIntyre
Publisher: Edward Elgar Publishing
ISBN: 180220671X
Category : Law
Languages : en
Pages : 223
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Book Description
This Advanced Introduction to International Water Law provides an overview of the key international rules, principles and institutions involved in the use and protection of shared international freshwater resources.
Author: Malgosia Fitzmaurice
Publisher: Edward Elgar Publishing
ISBN: 1849807264
Category : Law
Languages : en
Pages : 737
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Book Description
. . . an impressive volume and the editors have put together a high quality collection. Research Handbook on International Environmental Law ought to be an invaluable reference source for both teachers and students of international environmental law in the years to come. Web Journal of Current Legal Issues This wide-ranging and comprehensive Handbook examines recent developments in international environmental law (IEL) and the crossover effects of this expansion on other areas of international law, such as trade law and the law of the sea. The expert contributors offer analyses of foundational issues in IEL, such as responsibility for environmental damage, sustainable development and the precautionary principle, alongside studies in topical subject areas including marine protection and the law of international watercourses. This Research Handbook offers an in-depth analysis of IEL, both as a field of law in its own right, and as part of the wider system of international law. It gives a comprehensive view of IEL in all its forms and complexity. With thorough examination of specific environmental regimes and compliance mechanisms, this Handbook will be an indispensable resource for legal scholars, students and practitioners alike.
Author: Laurence Boisson de Chazournes
Publisher: Oxford University Press
ISBN: 0199565082
Category : Law
Languages : en
Pages : 284
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Book Description
Fresh water is an environmental, economic, social, and cultural commodity. This book provides a thorough assessment of its protection, management, and uses in international law. It explores the international, regional, and national regulatory frameworks that make up the international legal regime regulating fresh water.
