scholarly journals The inter-relationship between no harm, equitable and reasonable utilisation and cooperation under international water law

2020 ◽  
Vol 20 (4) ◽  
pp. 619-629
Author(s):  
Attila M. Tanzi
Keyword(s):  
International Justice ◽  
Water Law ◽  
International Court Of Justice ◽  
Legal Principles ◽  
Community Interest ◽  
Court Of Justice ◽  
International Court ◽  
International Water Law ◽  
International Water ◽  
No Harm Principle

Abstract The chapter addresses the no-harm principle as a core pillar of the international water law regime, and its inter-relationship with the principles of equitable and reasonable utilisation and cooperation. No harm will be described in its harmonised relation to the latter two principles under the “community interest” approach to transboundary watercourses, as enunciated by the Permanent Court of International Justice and later corroborated by the International Court of Justice. Such a harmonised construction of the three-pronged body of international water law will be illustrated as one disproving any alleged priority or, conversely, subservience of either principle with respect to the others. It will also be shown how the same construction emphasises the integration and inter-relationship between the legal principles at hand.

scholarly journals Determinación de un curso de agua internacional: La disputa de Chile c. Bolivia concerniente al río Silala

2017 ◽  
Vol 6 (12) ◽  
Author(s):  
Florian Kriener
Keyword(s):  
Atacama Desert ◽  
Water Law ◽  
Valuable Resource ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
International Water Law ◽  
International Water ◽  
Legal Arguments

Chile and Bolivia find themselves before the International Court of Justice yet again, this time litigating about the most valuable resource in the Atacama Desert: Water. Bolivia started asserting exclusive ownership over the Silala watercourse towards the end of the last century provoking the Chilean application to the Court in mid-2016. Therein, Chile seeks the Court to establish the applicability of International Water Law to the Silala watercourse employing scientific and legal arguments. This article analyzes the States’ arguments and arrives at the conclusion that the Silala is an international watercourse as Chile explicitly and Bolivia tacitly agreed on this status.

scholarly journals Due Diligence Obligations and Transboundary Environmental Harm: Cybersecurity Applications

Laws ◽  
2018 ◽  
Vol 7 (4) ◽  
pp. 36 ◽  
Author(s):  
Akiko Takano
Keyword(s):  
Customary Law ◽  
Environmental Harm ◽  
Water Law ◽  
Due Diligence ◽  
International Court Of Justice ◽  
Environmental Impact Assessments ◽  
International Court ◽  
International Water Law ◽  
International Water ◽  
Definition Of

This paper analyzes the due diligence obligations with regard to transboundary harm in international water law and their application to cybersecurity by clarifying the definition of due diligence in light of the procedural duties in recent International Court of Justice (ICJ) cases. The paper explores whether states have responsibilities to prevent transboundary harm caused by nonstate actors. The existing literature on due diligence obligations in international water law and cybersecurity was reviewed, along with ICJ cases relating to procedural duties (international co-operation, environmental impact assessments, and information sharing). The findings confirm that, although procedural duties may be less onerous in cyberspace than in the environment, such duties indeed exist, albeit to a lesser degree. The differences may be accounted for by the fact that customary law related to the environment is already well developed. This study clarifies the concept of due diligence by focusing on procedural duties and examining the definition of due diligence in cyber operations. Due diligence obligations are crucial for states seeking to prevent transboundary harm and are an evolving principle of international law.

The Primacy of the Principle of Equitable Utilization in the 1997 Watercourses Convention

1998 ◽  
Vol 35 ◽  
pp. 215-232 ◽  
Author(s):  
Charles B. Bourne
Keyword(s):  
General Assembly ◽  
Water Law ◽  
Final Report ◽  
International Court ◽  
International Water Law ◽  
International Water ◽  
No Harm Principle ◽  
Equitable Utilization ◽  
International Law Commission ◽  
The Relationship

SummaryThe International Law Commission wrestled for over a decade with the relationship between the principle of equitable utilization and the no harm principle in its work on the law of the non-navigational uses of international watercourses. In its final Report to the UN General Assembly on this topic in 1994, the Commission presented a set of Draft Articles couched in obscure language that reflected the sharp differences of opinion on the matter and the compromises that had been made. This division of opinion about the relationship between these two principles persisted in the Working Group of the Sixth Committee of the General Assembly to which the Draft Articles were referred. Again, compromises were reached and the language of the substantive articles (in particular Articles 5, 7, 20, and 21) of the Watercourses Convention, adopted by the General Assembly on May 21, 1997, continues to be obscure and its meaning debatable.It is argued here that in this Convention the principle of equitable utilization, which prescribes the reasonable and equitable sharing of the beneficial uses of the waters of an international watercourse, is made the primary substantive rule of international water law; harm caused by a utilization of these waters is, of course, an important factor to be taken into account in determining whether, in a particular case, the utilization is reasonable and equitable and, therefore, lawful. This interpretation of the Watercourses Convention brings it into harmony with customary international water law. It is an interpretation that finds support in the recent decision of the International Court of fustice in the Gabákovo case.

National Judges and Judges Ad Hoc of the International Court of Justice

1999 ◽  
Vol 48 (4) ◽  
pp. 889-900 ◽  
Author(s):  
Stephen M. Schwebel
Keyword(s):  
Advisory Committee ◽  
Ad Hoc ◽  
Fundamental Problem ◽  
International Justice ◽  
State Party ◽  
International Court Of Justice ◽  
International Courts ◽  
Court Of Justice ◽  
International Court ◽  
The World

When the Statute of the Permanent Court of International Justice was drafted by an Advisory Committee of Jurists in 1920, a paramount question was, should a judge of the nationality of a State party to the case sit?The sensitivity of the issue was encapsulated by a report of a committee of the Court in 1927 on the occasion of a revision of the Rules of Court. It observed that: “In the attempt to establish international courts of justice, the fundamental problem always has been, and probably always will be, that of the representation of the litigants in the constitution of the tribunal. Of all influences to which men are subject, none is more powerful, more pervasive, or more subtle, than the tie of allegiance that binds them to the land of their homes and kindred and to the great sources of the honours and preferments for which they are so ready to spend their fortunes and to risk their lives. This fact, known to all the world, the [Court's] Statute frankly recognises and deals with.”1

The Changing Role of the International Court

1985 ◽  
Vol 20 (2-3) ◽  
pp. 182-205 ◽  
Author(s):  
Shabtai Rosenne
Keyword(s):  
Western Europe ◽  
League Of Nations ◽  
International Justice ◽  
Russian Revolution ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
History Of ◽  
Changing Role

En s'efforçant, au lendemain de la guerre [1914 – 1918], de poser les bases d'une société de peuples régie par le droit, les fondateurs de cette communauté internationale nouvelle se rendaient pleinement compte qu'il ne saurait y avoir une société organisée sans un pouvoir judiciaire chargé de veiller, en dehors de toute préoccupation de politique et de force, à la stricte observation du droit. C'est dans cette conviction qu'ils ont prévu, dès l'origine, la création de la Cour permanente de Justice internationale.Feinberg in 1931Reviewing the history of the Permanent Court of International Justice and of the International Court of Justice from 1922—the World Court, a convenient but possibly misleading expression which embraces both the Permanent Court from 1922 to 1945 and the present International Court of Justice established as an integral part of the United Nations since—four clearly separated periods can be discerned. They run from 1922 to 1931, 1932 to 1940, 1946 to 1966, and from 1967 onwards.The establishment of the League of Nations and the Permanent Court after a cataclysmic war in Europe and the awe-inspiring Russian Revolution released a wave of euphoria upon the exhausted and war-weary peoples of what is now known as Western Europe, and they placed great hopes in the new League and Court.

Accepting the Compulsory Jurisdiction of the International Court of Justice with Reservations: An Overview of Practice with a Focus on Recent Trends and Cases

2001 ◽  
Vol 14 (1) ◽  
pp. 89-124 ◽  
Author(s):  
Stanimir A. Alexandrov
Keyword(s):  
International Justice ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Different Types ◽  
Recent Trends

States can accept the jurisdiction of the International Court of Justice with respect to all or certain categories of legal disputes by means of unilateral declarations. This article examines the reservations to the acceptance of the compulsory jurisdiction that states include in such declarations. It reviews the practice of states and traces the trends in drafting and adopting reservations. It also analyzes the jurisprudence of the Permanent Court of International Justice and the International Court of Justice in relation to the interpretation of various reservations, particularly in recent cases, illustrating the effectiveness or ineffectiveness of different types of reservations.

Responsabilité pénale des agents ou fonctionnaires internationaux et immunité de juridiction

2012 ◽  
Vol 49 ◽  
pp. 243-263
Author(s):  
Matthieu Aldjima Namountougou
Keyword(s):  
International Justice ◽  
International Organization ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Status

SummaryAccording to the International Court of Justice, any person through whom an international organization acts is an agent of that organization. However, this definition is too broad. Any participation in the fulfilment of the mission of an international organization does not necessarily make the person an agent of the international organization. After detailing the particularities of the status of international agents, this article considers the issue of accountability for wrongs attributable to them. It recommends in this respect the development of a system of accountability that combines national and international justice responses with priority to the former based on the location of the offence.

Sign in / Sign up

Export Citation Format

Share Document