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This book addresses the diverse ways in which international law
governs the uses, management, and protection of fresh water. The
international law of fresh water is most comprehensively understood
in the light of the different bodies of norms applicable to these
varied uses and functions. The regulation of fresh water has
primarily developed through the conclusion of treaties concerning
international watercourses. Yet a number of other legal regimes
also apply to the governance of fresh water. In particular, there
has been an increasing recognition of the importance of fresh water
to environmental protection. The development of international human
rights law and international humanitarian law has also proven
crucial for ensuring the sound and equitable management of this
resource. In addition, the economic uses of fresh water feature
prominently in the law applicable to watercourses, while water
itself has become an important element of the trade and investment
regimes. These bodies of rules and principles not only surface in
an array of dispute settlement mechanisms, but also stimulate wider
trends of institutionalization. The book investigates the origin
and scope of these bodies of norms as they apply to fresh water,
and demonstrates how they connect and adapt to one another, forming
an integrated body of international principles. This approach is
accompanied by a detailed analysis of the practice of states and of
international organizations, taking into account the activities of
the many non-state actors involved in the treatment of fresh water.
This research collection examines writings from leading water law
experts in the world to assess the law applicable to the uses,
management and protection of water resources. Exploring the diverse
aspects of this, from human rights to international economic law
and peace and security, International Water Law comprehensively
covers the multi-level facets of water resource management and
protection in its wider scope.
The legality of nuclear weapons has been strongly questioned in
recent years, particularly by the developing countries and
non-governmental organisations. Their concern found expression in
the requests by the World Health Organisation and the United
Nations General Assembly to the International Court of Justice to
pronounce on the legality of their use. On 8 July 1996, the Court
handed down two Advisory Opinions; these are the first
authoritative international judicial opinions since the development
of nuclear weapons in the 1940s. This 1999 book offers a
comprehensive study of the opinions. More than thirty
internationally respected experts contribute their analyses of the
status of nuclear weapons in international law across all its
sectors: use of force, humanitarian law, environment and human
rights. The contributions also assess the implications of the
opinions for international organisations and the international
judicial function. Contributors include lawyers, academics,
diplomats and advisors to international bodies.
Fresh water resources are at the same time ecological, economic,
social, and cultural goods and must be managed accordingly.
However, efforts to manage these resources are complicated by
tensions arising from possible clashes between the regimes
favouring privatization, trade and investment liberalization, and
domestic and international regimes governing water resources,
environmental protection and human rights. The relationships
between the international economic and legal framework on the one
hand and fresh water resource management and protection on the
other, are complex and multifaceted. This book addresses the key
interdisciplinary issues that increasingly confront policy makers,
tribunals, arbitration bodies and other institutions. It focuses
primarily on law, but also includes perspectives from economics,
political science and other disciplines. It examines such questions
as are governments free to decide whether or not to export water
resources? Can foreign investors sue host states for adopting
measures to control water pollution? Can international trade rules
be used to reduce or eliminate water related subsidies? Do rules on
the liberalization of water services affect domestic and
international human rights obligations relating to water supply?
More generally, how do the procedural rights of states,
individuals, affected communities and investors affect decisions
regarding the right to drinking water, the rights of investors to
exploit water resources, and the rights of governments to protect
their lakes, rivers and groundwater?
This excellent book covers the important legal and political
perspectives on the world's freshwater resources. The chapters,
written by distinguished experts from academia and practice,
systematically address issues of economics, environment,
sovereignty over resources, energy, conflict resolution, and in
addition offer some in depth case studies. A wonderful book and
compulsory reading for who needs to have the full picture of the
complex international dynamics of freshwater in our time.' -
Catherine Broelmann, University of Amsterdam, The Netherlands 'In
sum, the volume is a must for all those who know and practice
international and domestic water law, who influence the
international water governance debate at the global, regional, and
sub-regional scales, and who, in general, interact with water
resources in the transboundary but also in the domestic setting of
their respective countries.' - Stefano Burchi, Chairman of the
International Association for Water Law - AIDA'International Law
and Freshwater is an outstanding piece of legal and policy
scholarship that poignantly, thoughtfully and effectively addresses
the who, what, where, when and how of international waters
governance and international law.' - Richard Kyle Paisley,
University of British Columbia, Canada The issues surrounding water
embody some of the greatest challenges of the 21st century. The
editors of this timely book have brought together the leading
authors in the field to explore the key questions involving
international law and water governance. International Law and
Freshwater connects recent legal developments through the breadth
and synergies of a multidisciplinary analysis. It addresses such
critical issues as water security, the right to water,
international cooperation and dispute resolution, State succession
to transboundary watercourse treaties, and facets of international
economic law, including trade in 'virtual water' and the impacts of
'land grabs'. Containing detailed analysis and thought-provoking
solutions, this book will appeal to researchers and academics
working in the legal field, as well as international relations and
natural sciences. Water practitioners, public officials, diplomats
and students will also find much to interest them in this
insightful study. Contributors: A.S. Al-Khasawneh, U. Alam, L.
Boisson de Chazournes, L. Caflisch, M. Claassen, C. de Albuquerque,
G. de los Cobos, L. del Castillo-Laborde, D. Garrick, J. Granit, D.
Grey, E. Hey, V. Hughes, M. Kohen, C. Leb, G. Marceau, M.M.
Mbengue, S.C. McCaffrey, O. McIntyre, S.M.A. Salman, D. Shelton, A.
Tanzi, M. Tignino, B.A. Yimer
This book addresses the diverse ways in which international law
governs the uses, management, and protection of fresh water. The
regulation of fresh water has primarily developed through the
conclusion of treaties concerning international watercourses, yet a
number of other legal regimes also apply to the governance of fresh
water. In particular, there has been an increasing recognition of
the importance of fresh water to environmental protection. The
development of international human rights law and international
humanitarian law has also proven crucial for ensuring the sound and
equitable management of this resource. In addition, the economic
uses of fresh water feature prominently in the law applicable to
watercourses, while water itself has become an important element of
the trade and investment regimes. These bodies of rules and
principles not only surface in an array of dispute settlement
mechanisms, but also stimulate wider trends of
institutionalization. Since the publication of the first edition of
this volume in 2013, water has continued to be at the forefront of
the international agenda, and the adoption of the UN Sustainable
Development Goals constitutes a milestone around which various
public and private initiatives have been launched. This book
presents and appraises these important developments as part of its
comprehensive analysis of the origin and scope of the various areas
of international law as they apply to fresh water. It demonstrates
how these areas connect and adapt to one another, forming an
integrated body of international principles.
This collection of essays celebrating the work of Professor Marcelo
Kohen brings together the leading scholars and practitioners of
public international law from different continents and generations
to explore some of the most challenging issues of contemporary
international law. The volume is a testimony of esteem and
friendship from colleagues and former students, and it covers a
vast expanse, reflecting the width and diversity of Professor
Kohen’s own contribution. Written in English, French and Spanish,
the essays in this volume will appeal to a broad public of
academics, practitioners and students of international law from
around the world.
On July 8, 1996 the International Court of Justice handed down two Advisory Opinions on the legality of nuclear weapons. This book offers a comprehensive study of those opinions. More than thirty internationally respected experts contribute their analyses of the status of nuclear weapons in international law across all its sectors: use of force, humanitarian law, environment and human rights. The contributions also assess the implications of the opinions for international organizations and the international judicial function. Contributors include lawyers, academics, diplomats and advisors to international bodies.
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 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 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.
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