International Water Law in Central Asia: The Nature of Substantive Norms and what Flows from It

2011 ◽  
Vol 2 (1) ◽  
pp. 169-192 ◽  
Author(s):  
Dinara ZIGANSHINA
Keyword(s):  
International Law ◽  
Water Security ◽  
Aral Sea ◽  
Aral Sea Basin ◽  
Transboundary Waters ◽  
Security Issues ◽  
Central Asian ◽  
International Water Law ◽  
International Water ◽  
Reasonable Use

Water security issues arising from the Central Asian states’ heavy reliance on, and competition over, the shared waters of the Aral Sea Basin have attracted urgent political and academic discussion. However, any analysis of the role that international law plays in addressing these substantive complex problems remains incomplete and imprecise. This article sets the stage for a deeper understanding of international law and of its potential operation in the context of the transboundary waters in the Aral Sea Basin. It seeks to explore the substantive norms operating in the field, namely, the rule of equitable and reasonable use, the no-harm rule, and obligations relating to environmental protection, with a view to understanding how these substantive norms work and ascertaining what conduct is required of the states with respect to their shared watercourses.

scholarly journals Water Security and International Law

2017 ◽  
Vol 20 ◽  
pp. 1 ◽  
Author(s):  
Tuomas Kuokkanen
Keyword(s):  
International Law ◽  
Environmental Law ◽  
Water Security ◽  
Point Of View ◽  
Management Approach ◽  
Water Law ◽  
Rules And Principles ◽  
International Water Law ◽  
International Water ◽  
The Relationship

The article explores water security from an international law point of view. The article argues that in order to better understand water security it is important to focus on the function of international water law. Even though water security is a relatively recent concept it was latent in the process of the evolution of international water law.  In addition, the article examines the relationship between man and water from the point of view of water security. The article seeks to answer the question: how does international water law deal with that relationship? Is water only an object to be utilized and protected or has the relationship become more complex and ambivalent through the occurrence of various extreme events. Furthermore, the article places the concept of water security into a historiographical and substantive context. It explores three broad approaches by international law to water issues: general international law, the regulatory approach and the management approach. The article argues that they are all relevant to water security. Finally, the article seeks to demonstrate that even though water security has emerged as a new notion, this does not mean that international law does not include rules and principles relevant for water security. Indeed, many general principles of international law are applicable in the context of water security. In addition, specific regulations dealing with water quantity and quality issues have been developed in international environmental law, although they are not necessarily labelled as water security rules. Moreover, various risk management methods have been elaborated to deal with water-related disasters and crises. Reciprocally, water security arguments are not necessarily new notions but rather reflect already existing concepts and principles. 

scholarly journals Water Security and International Law

2021 ◽  
Vol 17 (1) ◽  
Author(s):  
Philippe Cullet ◽  
Lovleen Bhullar ◽  
Sujith Koonan
Keyword(s):  
International Law ◽  
Water Security ◽  
Annual Review ◽  
Publication Date ◽  
Water Insecurity ◽  
Security Discourse ◽  
Hybrid Framework ◽  
International Water Law ◽  
International Water ◽  
Dominant Paradigm

International law seeks to ensure water security and to prevent or resolve conflicts leading to water insecurity. This relationship is based on a hybrid framework comprising binding and nonbinding instruments. The multi-scalar dimensions of water (in)security are recognized, but further engagement is required. The link between international law and water (in)security is considered primarily through the lens of international water law, which focuses on transboundary (surface) watercourses. Groundwater—the other main source of water and determinant of water (in)security—receives little attention. Further, the traditional state-centric approach, with its emphasis on sovereignty and cooperation, remains the dominant paradigm despite some attempts to redefine it. Several other branches of international law present opportunities for expanding international law's engagement with the water security discourse. Finally, the climate change challenge requires a reconsideration of international law's approach to water (in)security while considering the global dimensions of water. Expected final online publication date for the Annual Review of Law and Social Science, Volume 17 is October 2021. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.

scholarly journals Problems of Definitions in International Water Law

2017 ◽  
pp. 133-138
Author(s):  
Юлия Случевская ◽  
Yuliya Sluchevskaya
Keyword(s):  
Water Resources ◽  
River Basin ◽  
Drainage Basin ◽  
Legal Regulation ◽  
Water Law ◽  
International Rivers ◽  
Transboundary Waters ◽  
International Water Law ◽  
International Water ◽  
International River

The article studies one of the basic definitions of International Water Law – “transboundary waters”. It is noted the altered priorities of the use of water resources as well as new methods used in the natural sciences, especially in the hydrology, have an impact on the content of this definition. It is investigated the correlation of such definitions as “transboundary waters”, “transboundary watercourses”, “international watercourses”, “international river basin”, “international drainage basin”, “international rivers”, “international lakes”. It is analyzed sources of international water law, which was elaborated terminology and definitions, it is traced their evolution. The author points out the following features of the definition “transboundary waters”: 1) these include surface water and groundwater; 2) they cross the border between two or more states are located on boundaries; 3) the use of transboundary waters affects the interests of two or more states; 4) the special legal regulation of their use (the doctrine of absolute sovereignty over water resources are located within of boundaries of the state; the doctrine of belonging of transboundary waters to all states of the international drainage basin; the doctrine of optimal development of the river basin; the doctrine of limited sovereignty; the doctrine of the priority); 5) specific requirements for the protection of ecosystems of transboundary waters; 6) the large conflict potential in use of water resources.

scholarly journals A Great Game in Greater Central Asia

2019 ◽  
Vol 6 (3) ◽  
pp. 238-243
Author(s):  
M. H. Glantz
Keyword(s):  
Soviet Union ◽  
Central Asia ◽  
Former Soviet Union ◽  
Aral Sea ◽  
Aral Sea Basin ◽  
The Soviet Union ◽  
Central Asian ◽  
Soviet Central Asia ◽  
Great Game ◽  
Central Asian Republics

The region historically referred to as Soviet Central Asia includes the 5 Central Asian Republics (CARs) of the Former Soviet Union (FSU): Kazakhstan, Uzbekistan, Turkmenistan, Tajikistan and Kyrgyzstan. Their political status changed drastically when the Soviet Union collapsed in 1991 and they became independent republics. Since the early 1990s, Central Asian leaders have referred on occasion to neighboring Afghanistan as the sixth CAR. In fact, it does occupy 14% of the Aral Sea Basin and its mountains supply about 15% of streamflow to the region’s mighty Amu Darya River that used to flow into Central Asia’s Aral Sea.

scholarly journals O Papel do Institut du Droit International e da International Law Association na Codificação das normas do Direito Internacional de Águas: entre hard law e soft law

2018 ◽  
Vol 1 (39) ◽  
Author(s):  
Gildo Manuel Espada
Keyword(s):  
International Law ◽  
International Organizations ◽  
Soft Law ◽  
Water Law ◽  
Hard Law ◽  
The Status ◽  
International Water Law ◽  
International Water ◽  
Droit International ◽  
Vital Resource

RESUMOA importância da água como recurso vital para a humanidade e as disputas sobre o acesso a este recurso são cada vez mais intensas. Aliado a estes factos, acontece que grande parte dos recursos de água do planeta faz parte de recursos hídricos partilhados entre dois ou mais Estados. Este facto fez com que algumas organizações internacionais, mormente o Institut du Droit International e a International Law Association se esforçassem em codificar o Direito Internacional de Águas. Entretanto, apesar de todo o esforço feito, as normas aprovadas não obtiveram o estatuto de hard law, sendo aplicadas na qualidade de normas de soft law. Discutimos aqui a validade e importância de tais normas, no âmbito da Codificação do Direito de Águas. Para tal, fazemos um levantamento bibliográfico que visa o resgate histórico do surgimento do Direito de Águas, e trazemos importantes conceitos aplicáveis à temática. PALAVRAS-CHAVECodificação. Direito. Águas. ABSTRACTThe importance of water as a vital resource for humanity and the disputes over access to this resource are increasingly intense. Together with these facts, a large part of the planet´s water resources are shared between two or more States. These facts have led to a number of international organizations, including the Institut de Droit International and the International Law Association to embark in efforts to codify the International water Law.  However, despite all the efforts made, the rules adopted did not obtain the status of hard law, being only accepted and applied as soft law. We discuss here the validity and importance of such standards, within the framework of the codification of water law. To do this, we make a bibliographical research that aims to review the emergence of Water Law historically, and to bring important concepts applicable to this thematic. KEYWORDSCodification. Law. Water.

scholarly journals Historical Aspects Of The Environmental Policy Strategy In The Field Of Sustainable Development Of The Southern Aral Sea Region At The Present Stage

2021 ◽  
Vol 03 (01) ◽  
pp. 110-114
Author(s):  
A. Kaipnazarov ◽  
Keyword(s):  
Fair Use ◽  
Aral Sea ◽  
Mutual Understanding ◽  
Asian Countries ◽  
Present Stage ◽  
Historical Aspects ◽  
Aral Sea Basin ◽  
Central Asian ◽  
Central Asian Countries ◽  
The Republic

The article discusses the issues related to the solution of problems to improve the situation in the Aral Sea basin, which also included measures to save the Aral Sea region. In order to strengthen mutual understanding and trust between all Central Asian countries and establish openness in relations, the Republic of Uzbekistan considers it necessary to undertake joint efforts to find mutually beneficial solutions to resolve the issue of rational and fair use of water resources in Central Asia.

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