International Water Law and Implications for Cooperative Israeli-Palestinian Transboundary Water Management

Author(s):  
Alon Tal
2019 ◽  
Vol 8 (02) ◽  
pp. 247-278 ◽  
Author(s):  
Mohsen Nagheeby ◽  
Mehdi Piri D. ◽  
Michael Faure

AbstractThis article examines the international legitimacy of unilateral dam development in an international watercourse from the perspective of international water law. Drawing upon technical analysis over the Harirud River Basin, the article discusses probable negative impacts of unilateral dam development in Afghanistan on downstream Iran and Turkmenistan. Competing claims are analyzed to assess emerging transboundary damage under customary international water law. Applying these insights to the case study, this article explores how legal norms and principles can contribute to transboundary water cooperation. It investigates how equitable and reasonable utilization, as required by the United Nations Watercourse Convention, could be reached and whether current activities are in conformity with international norms. Based on this analysis and in the light of international customary law, the article questions the compatibility of unilateral control and capture of water resources in Afghanistan, particularly through the Salma Dam, with ‘equitable and reasonable utilization’ and ‘no significant harm’ rules. The article also argues that building the Salma Dam results in significant transboundary harm to downstream states. Hence, such harm could be considered as significant transboundary damage. Conclusions point to an understanding of water law as a form of institutional guidance in order to provide a transparent setting for transboundary water cooperation among riparian states.


Author(s):  
Alistair Rieu-Clarke

Interest in an ecological- or an ecosystem-centred approach to natural resource management is not new, and in the case of water management has been very well emphasised for many decades. Recently however, a new focus has emerged around the identification and assessment of ecosystem services, and the potential to somehow use valuation of these services as a basis for more effective management of natural and human-linked systems. Despite this growing recognition, attempts to apply such an approach to transboundary watercourses are few and far between. While key principles of international water law, for example, equitable and reasonable utilisation, are not in conflict with an ecosystem services approach; significant challenges remain in its implementation.  However, as the methods and tools used to identify ecosystem services improve, it is likely that such an approach will offer an important means by which to reconcile competing interests over shared watercourses in the future.


Author(s):  
Najibullah Loodin ◽  
Aaron Wolf

Considering the negative impacts of climate changes along with the rapid increase in population in Islamic dominated states, e.g., the Middle East, water tension among upstream and downstream states is increasing. Despite the importance of water management in Islamic culture, the role of religion has been under-valued and under-emphasized by the scholars. The paper has sought to compare and contrast Islamic water management principles (IWMP) with international water law principles (IWLP). The findings from this analysis show not only that IWMP are in conformity with IWLP, but that in many cases, IWMP can be more effective. For instance, where international water accords between riparian states of a shared river basin are poorly developed and lack enforcement mechanisms under IWLP, those upstream states can abuse their geographical locations depriving those downstream-ers. In contrast, IWMPs stress the equitable and reasonable use of water resources among upstream and downstream users of a shared watercourse. Moreover, although IWLPs emphasize the conservation and preservation of ecosystems and the environment at the basin level, the inter-basin states especially those upstream can pose significant harm to the ecosystems. On the other side, Islam as the religion of peace, has placed much emphasis on the preservation of nature. For example, the verse, “.... And waste not by excess, for Allah loves not the wasters” [Quran, 7:31], illustrates the importance of the sustainable use of water and the environment. It is argued that if Islamic Water Management Principles are incorporated into the management instrument of Islamic States, the issue of equitable and sustainable use of water among Muslim-dominated riparian states (e.g., Iran, Afghanistan, etc.) will be solved.


2017 ◽  
Vol 2 (3) ◽  
pp. 1-82 ◽  
Author(s):  
Rhett B. Larson

AbstractThe rich field of inter-state water law in the United States illustrates both successes and failures in transboundary water management and allocation. This monograph analyzes the three general approaches to water allocation between riparian states to certain shared watercourses in the United States, namely equitable apportionment, congressional apportionment, and inter-state compacts. This analysis is accompanied by a discussion and evaluation of the different cases of shared watercourses that applied these approaches, and a comparison of each of them to similar approaches in international water law. The monograph draws lessons for international water law from inter-state water law—highlighting the successful inter-state approaches that can be adopted by international water law, as well as the approaches that failed, and which should be avoided.


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