scholarly journals The Legitimacy of Dam Development in International Watercourses: A Case Study of the Harirud River Basin

2019 ◽  
Vol 8 (02) ◽  
pp. 247-278 ◽  
Author(s):  
Mohsen Nagheeby ◽  
Mehdi Piri D. ◽  
Michael Faure
Keyword(s):  
River Basin ◽  
Customary Law ◽  
Water Law ◽  
Transboundary Water ◽  
Legal Norms ◽  
Water Cooperation ◽  
International Water Law ◽  
International Water ◽  
Transboundary Water Cooperation

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.

scholarly journals National Sovereignty Versus Transboundary Water Cooperation: Can You See International Law Reflected in the Water?

AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 178-182
Author(s):  
Francesco Sindico
Keyword(s):  
International Law ◽  
Transboundary Water ◽  
National Sovereignty ◽  
Customary International Law ◽  
Aquifer System ◽  
Water Cooperation ◽  
Guarani Aquifer ◽  
International Water Law ◽  
Downstream Flow ◽  
Transboundary Water Cooperation

Could Turkey dam the Tigris and Euphrates and deprive its downstream neighbors of vital water resources? Could Brazil over-pump the Guarani Aquifer System to the detriment of the other aquifer states? Could Egypt put pressure on upstream Nile states and prevent them from developing river related infrastructure that might limit downstream flow? International law in the field of transboundary water cooperation has evolved and would appear to condemn unilateral practices such as the ones suggested above. However, hydro politics and the lack of reception of international water law instruments by many countries sometimes make it difficult to see international law properly reflected in the management of major rivers, lakes and aquifers around the world. In this essay, I first highlight what international law dictates when it comes to the tension between national sovereignty and transboundary water cooperation. I then explore how this tension plays out in the three examples noted above. Due to limited acceptance of the existing international, bilateral, or regional legal instruments, the resolution of the tension between national sovereignty and transboundary water cooperation will often be left to customary international law.

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.

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.

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