Resolution of International Water Disputes


Book Description

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.




Water as a Catalyst for Peace


Book Description

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.




Use of Experts in International Freshwater Disputes


Book Description

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. Through case studies, they identify the lacunae as well as good practices in expert use in disputes of this nature.




Managing and Transforming Water Conflicts


Book Description

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.




Water Conflicts in India


Book Description

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.




A Bridge over Troubled Waters


Book Description

A Bridge Over Troubled Waters: Dispute Resolution in the Law of International Watercourses and the Law of the Sea takes stock of the progress made thus far in the resolution of disputes concerning international watercourses and the oceans, in addition to considering their future paths. Written by renowned academics and practitioners, the chapters of this edited collection enable the reader to reflect on the achievements and setbacks that characterize each field and their potential for cross-fertilization. Four major themes are explored: the shifting boundaries of “traditional” methods of dispute settlement; the contributions made by relevant organizations to dispute settlement; the interplay between substantive and procedural rules; and case studies on dispute resolution in the Nile and the Arctic.




Transboundary Freshwater Dispute Resolution


Book Description

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.




Contesting Hidden Waters


Book Description

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.




Environmental Change, Adaptation, and Security


Book Description

Proceedings of the NATO Advanced Research Workshop, held in Budapest, Hungary, from October 16-18, 1997




Contested Waters


Book Description

This book examines India’s transboundary river water disputes with its South Asian riparian neighbours — Pakistan, Bangladesh, Nepal and Bhutan. It explores the history of disputes and cooperation over the transboundary river water in this region as well as discusses current disputes and future concerns. It analyses how and why existing transboundary river water sharing treaties between India and its South Asian riparian neighbours are confronted with challenges. The book indicates that India’s transboundary river water disputes with its South Asian riparian neighbours are likely to escalate in coming years due to the widening of the demand¬–supply gap in the respective countries. It further shows the impact of bilateral relations on the resolution of transboundary river water disputes, even as cordial relationships do not always guarantee the absence of river water disputes between riparian states. The book looks at some key questions: How political are India’s transboundary rivers water disputes in South Asia? Why do the roots of India’s river water disputes with Bangladesh and Pakistan lie in the partition of the British India in 1947? Why are there reservations against India’s hydroelectricity projects or allegations of water theft? Is it possible to resolve transboundary river water disputes among these South Asian countries? This book will greatly interest scholars and researchers working in the areas of river management, environmental politics, transnationalism, water resources, politics and international relations, security studies, peace and conflict studies, geopolitics, development studies, governance and public administration, and South Asian studies in addition to policymakers and journalists.