International Law and Transboundary Aquifers


Book Description

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.




Groundwater in International Law


Book Description

Groundwater represents about 97 per cent of the fresh water resources available on earth (excluding the water locked in the polar ice), and is of key social, economic, environmental and strategic importance. Aquifers (including numerous transboundary ones) are coming under growing pressure from over-abstraction and pollution, which seriously threaten their sustainability. This publication brings together a range of binding and non-binding international law instruments dealing with groundwater, an emerging body of rules that indicate a trend towards more comprehensive international regulation in this important field.




International Groundwater Law and the US-Mexico Border Region


Book Description

In International Groundwater Law and the US-Mexico Border Region, Maria E. Milanes provides a study and analysis of the international groundwater law. The regulation and groundwater management along the US-Mexico border reflect the current international trends for management of transboundary groundwater. International Groundwater Law and the US-Mexico Border Region offers a new international legal and institutional framework to manage fossil aquifers and groundwater in conjunctive use with surface water, where specific guidelines and recommendations for water banking can improve water allocation and protect the environment. This framework can be adapted to any region of around the world. The US-Mexico border is the case study selected to apply and demonstrate the efficacy of this legal and institutional framework.




The Law of International Watercourses


Book Description

The Law of International Watercourses examines the rules of international law governing the non-navigational uses of international watercourses. The continued growth of the world's population places increasing demands on Earth's finite supply of fresh water. Because two or more states sharemany of the world's most important drainage basins - including The Danube, The Ganges, The Indus, The Jordan, The Mekong, The Nile, The Rhine, and The Tigris-Euphrates - competition for increasingly scarce fresh water resources is likely to increase. Resulting disputes will be resolved against thebackdrop of the rules of international law governing the use of international watercourses. In addition, these rules are of importance to donor institutions and governments that provide development assistance for projects relating to shared fresh water resources. While the law of international watercourses continues to evolve due to the intensification of use of shared fresh water resources and, consequently, increasingly frequent contacts between riparian states, The basic rules are reflected in the 1997 UN Convention on the law of the non-navigationaluses of international watercourses. This book devotes a chapter to the 1997 Convention but also examines the factual and legal context in which the Convention should be understood, considers the more important rules of the Convention in some depth and discusses specific issues that could not beaddressed in a framework instrument of that kind. In particular, the book studies the major cases and controversies concerning international watercourses as a background against which to consider the basic substantive and procedural rights and obligations of states.




European Water Law and Hydropolitics


Book Description

This book provides the first comprehensive assessment of the various issues faced by countries in the European Union, where progressing climate change and urbanization pose significant cooperative challenges in a large number of river basins. Conducting a thorough analysis of the intricate web of EU water governance, it reveals that the hydropolitical stability of the European Union is already at risk. Further, given the structural nature of the shortcomings in EU water policy—e.g. the rigidity of the EU’s founding treaties or the institutional complacency of the European Commission—the book argues that these risks are likely to turn into sources of prolonged conflict, unless EU decision-making bodies take steps to address the new hydrological realities early on.




Legal Mechanisms for Water Resources in the Third Millennium


Book Description

Legal mechanisms for the management, development and protection of water resources have evolved over the years and have reached unprecedented levels of complexity and sophistication. This phenomenon is largely in response to the global community’s sustainable development agenda, to the challenges and limitations imposed by climate variability, and to scientific and technological advances. Bringing together diverse experiences from across the world, this book analyses existing water law and governance solutions, their shortcomings, as well as developments and trends in the light of changing circumstances. The legal mechanisms examined range from international treaties, agreements and arrangements on cooperation over transboundary water resources, to the onset of novel issues arising out of technological advances, and from domestic regulation of water abstraction and groundwater management, to domestic regulation of the water industry. The articles in this book were originally published in the journal Water International, following the XIV and the XV World Water Congresses of the International Water Resources Association (IWRA), which were held in 2011 and in 2015, respectively. The chapters originally published in Water International.




Groundwater and Climate Change


Book Description

This book undertakes a scholarly assessment of the state of the art of law and policy perspectives on groundwater and climate change at the international, regional and national levels. A particular focus is given to India, which is the largest user of groundwater in the world, and where groundwater is the primary source of water for domestic and agricultural uses. The extremely rapid rise in groundwater use in many Indian states has led to a growing groundwater crisis that they must address. The existing regulatory framework has not adapted to the challenges and fails to address any environmental concerns. On climate change, India has adopted a policy framework that makes the link with water, but no legislation has followed up to make the link operational. The subject matter of this book has been widely debated with regard to each of its main two components separately. Bringing these two domains together is what makes this book unique. The link between climate change and groundwater has been acknowledged to some extent, and there is growing interest in studying the impacts of climate change on (ground)water. Similarly, in water and environmental law and policy, increasing attention has been given to the study of climate change and groundwater legal and policy frameworks but generally separately. This book contributes to filling this knowledge gap by drawing on contributions from leading experts in the field of environmental and water law and policy who have been involved in climate change and/or groundwater research. The chapters in this book were originally published in a special issue of Water International.




Cross-border Water Trade: Legal and Interdisciplinary Perspectives


Book Description

Cross-border Water Trade: Legal and Interdisciplinary Perspectives is a critical assessment of one of the growing problems faced by the international community — the global water deficit. Cross-border water trade is a solution that generates ethical and economic but also legal challenges. Economic, humanitarian and environmental approaches each highlight different and sometimes conflicting aspects of the international commercialization of water. Finding an equilibrium for all the dimensions required an interdisciplinary path incorporating certain perspectives of natural law. The significance of such theoretical underpinnings is not merely academic but also quite practical, with concrete consequences for the legal status of water and its fitness for international trade.




Research Handbook on International Water Law


Book Description

The Research Handbook on International Water Law surveys the field of the law of shared freshwater resources. In some thirty chapters, it covers subjects ranging from the general principles operative in the field and international groundwater law to the human right to water and whether international water law is prepared to cope with climate disruption. The authors are internationally recognized experts in the field, most with years of experience. The Research Handbook is edited by three scholars and practitioners whose publications and work deal with the law of international watercourses.




International Groundwater Law


Book Description

The development of international groundwater law / Albert E. Utton -- Principles for international groundwater law / Dante Caponera and Dominique Alheritiere -- The groundwater legal regime as instrument of policy objectives and management / Robert D. Hayton -- Tronsboundary ground water pollution / Ludwik A. Teclaff and Eileen Teclaff -- International aquifer management / J.C. Day -- Institutional alternatives for Mexico-U.S. groundwater management / Robert D. Hayton -- Institutional alternatives for managing groundwater resources / Robert Emmet Clark -- International groundwater management / Albert E. Utton -- Documents / Ludwik A. Teclaff and Eileen Teclaff