Author : Albert Utton
Publisher : Routledge
Page : 309 pages
File Size : 46,37 MB
Release : 2019-06-04
Category : Law
ISBN : 1000009289
Originally published in 1987, this is a collection of articles on Transboundary Resources Law. From the preface: “Migratory transboundary resources by their nature of being divided by political boundaries raise unusual challenges to their prudent use and development, and the avoidance of disputes over their use. One only has to recall examples, s
Author : Christina Leb
Publisher : Cambridge University Press
Page : 367 pages
File Size : 28,36 MB
Release : 2013-07-25
Category : Law
ISBN : 110703597X
This book analyses the legal challenges facing international cooperation on water management in the twenty-first century.
Author : Eyal Benvenisti
Publisher : Cambridge University Press
Page : 308 pages
File Size : 50,43 MB
Release : 2002-04-04
Category : Law
ISBN : 9780521640985
Why do states often fail to cooperate, using transboundary natural resources inefficiently and unsustainably? This book, first published in 2002, examines the contemporary international norms and policy recommendations that could provide incentives for states to cooperate. Its approach is multi-disciplinary, proposing transnational institutions for the management of transboundary resources. Benvenisti takes a fresh approach to the problem, considering mismanagement as the link between domestic and international processes. As well, he explores reasons why some collective efforts to develop the international law on transnational ecosystems have failed, while others succeeded. This inquiry suggests that adjudicators need to be assertive in progressively developing the law, while relying on scientific knowledge more than on past practice. Global water policy issues seem set to remain a cause for concern for the foreseeable future; this study provides a new approach to the problem of freshwater, and will interest international environmentalists and lawyers, and international relations scholars and practitioners.
Author : Francesco Sindico
Publisher : Edward Elgar Publishing
Page : 208 pages
File Size : 24,48 MB
Release : 2020-12-25
Category : Law
ISBN : 1788117638
Groundwater amounts to 97% of available global freshwater resources. Emphasising the crucial importance of this in the context of increasing population, climate change and the overall global water crisis, Francesco Sindico offers a comprehensive study of the emerging body of international law applicable to transboundary aquifers.
Author : S. Jayakumar
Publisher : Edward Elgar Publishing
Page : 453 pages
File Size : 48,16 MB
Release : 2015-05-29
Category : Law
ISBN : 1784715794
This important new book provides a comprehensive overview of the international legal principles governing transboundary pollution. In doing so, the experts writing in this book examine the practical applications of the State responsibility doctrine in
Author : David J. Devlaeminck
Publisher : Routledge
Page : 132 pages
File Size : 26,38 MB
Release : 2020-11-15
Category : Law
ISBN : 1000215164
Utilizing the principle of reciprocity, Reciprocity and China’s Transboundary Waters: The Law of International Watercourses analyses the past, present and future of the law of international watercourses with a particular focus on China. As a legal principle, reciprocity plays a strong role in the formation, interpretation and maintenance of international law. Implementing this framework, the book examines the development of the law of international watercourses, highlighting how this basic legal principle is a foundational notion. It applies the framework to China and offers insights into one of the most important transboundary states in Asia. As a primarily upstream state, China is of great significance to its transboundary neighbours; however, there remain significant hurdles, misunderstandings and mistrust between China and its neighbours. China is faced with a complex challenge - how to meet its own development needs while also taking into consideration its primarily downstream neighbours? By focusing on this prominent state this work not only fosters a greater understanding of the law of international watercourses within China, but also clarifies and challenges current perceptions of China’s transboundary water treaty practice. More generally, the book provides a past, present and future view on international watercourse law, starting with an analysis of the UN Watercourses Convention and UNECE Water Convention leading to a discussion of reciprocity’s continued influence as well as charting a path forward. This book will be of great interest to legal students and scholars with an interest in international watercourses, environmental politics and international law, as well as students and scholars interested in Chinese politics and natural resource management and conflict.
Author : Rebecca M. Bratspies
Publisher : Cambridge University Press
Page : 6 pages
File Size : 41,40 MB
Release : 2006-08-14
Category : Law
ISBN : 1139458434
This book reveals the many harms which flow across the ever-more porous sovereign borders of a globalising world. These harms expose weaknesses in the international legal regime built on sovereignty of nation states. Using the Trail Smelter Arbitration, one of the most cited cases in international environmental law, this book explores the changing nature of state responses to transboundary harm. Taking a critical approach, the book examines the arbitration's influence on international law generally, and international environmental law specifically. In particular, the book explores whether there are lessons from Trail Smelter that are useful for resolving transboundary challenges confronting the international community. The book collects the commentary of a distinguished set of international law scholars who consider the history of the Trail Smelter arbitration, its significance for international environmental law, its broader relationship to international law, and its resonance in fields beyond the environment.
Author : Janice Gray
Publisher : Routledge
Page : 345 pages
File Size : 38,3 MB
Release : 2016-06-23
Category : Law
ISBN : 1317401158
Governance of global water resources presents one of the most confounding challenges in contemporary natural resource governance. With considerable government, citizen and financial donor attention devoted to a range of international, transnational and domestic laws and policies aimed at protecting, managing and sustainably using fresh and coastal marine water resources, this book proposes that sustainable water outcomes require a ‘trans-jurisdictional’ approach to water governance. Focusing on the concept of trans-jurisdictional water governance the book diagnoses barriers and identifies pathways to coherent and coordinated institutional arrangements between and across different bodies of laws at local, national, regional and international levels. It includes case studies from the European Union, Australia, New Zealand, South Africa, the United States and Southeast Asia. Leading specialists offer insights into the pretence and the promise of trans-jurisdictional water governance and provide readers, including students, practitioners, policy-makers and academics, with a basis for better analysing, articulating and synthesising standards of good trans-jurisdictional water governance both in theory and in practice.
Author : Daud Hassan
Publisher : Routledge
Page : 249 pages
File Size : 13,59 MB
Release : 2015-07-16
Category : Law
ISBN : 1317810597
Marine Spatial Planning (MSP) is an integrated and comprehensive approach to ocean governance and is used to establish a rational use of marine space and reconcile conflicting interests of its users. MSP allows both a high level of environmental protection and a wide range of human activities and emphasizes coordinated networks of national, regional and global institutions. This book focuses on the framework of international law behind MSP and especially on the transboundary aspects of MSP. It first sets out a general framework for transboundary MSP and then moves on to compare and assess differences and similarities between different regions. Specific detailed case studies include the EU with the focus on the Baltic Sea and North Sea, the Bay of Bengal and Great Barrier Reef in Australia. The authors examine the national and regional significance of MSP from an integrated and sustainable ocean governance point of view. They also show how transboundary MSP can create opportunities and positive initiatives for cross-border cooperation and contribute to the effective protection of the regional marine environment.
Author : Alistair Rieu-Clarke
Publisher : Taylor & Francis
Page : 435 pages
File Size : 18,16 MB
Release : 2017-02-24
Category : Law
ISBN : 1317309138
Water plays a key role in addressing the most pressing global challenges of our time, including climate change adaptation, food and energy security, environmental sustainability and the promotion of peace and stability. This comprehensive handbook explores the pivotal place of law and policy in efforts to ensure that water enables positive responses to these challenges and provides a basis for sound governance. The book reveals that significant progress has been made in recent decades to strengthen the governance of water resource management at different scales, including helping to address international and sub-national conflicts over transboundary water resources. It demonstrates that ‘effective’ laws and policies are fundamental drivers for the safe, equitable and sustainable utilization of water. However, it is also shown that what might constitute an effective law or policy related to water resources management is still hotly debated. As such, the handbook provides an important and definitive reference text for all studying water governance and management.
