International water law and supporting water management principles in the development of a model transboundary agreement between riparians in international river basins

2014 ◽  
Vol 39 (3) ◽  
pp. 315-332 ◽  
Author(s):  
Malcolm J. Gander
Author(s):  
Юлия Случевская ◽  
Yuliya Sluchevskaya

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.


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.


2009 ◽  
Vol 14 (2) ◽  
pp. 329-360 ◽  
Author(s):  
Shlomi Dinar

AbstractRealist thinkers traditionally argue that when the upstream state is the river basin's hegemon, cooperation is least likely to materialize. Conversely, when the downstream state is the basin's hegemon, cooperation is likely to ensue, yet the agreement is often imposed and shaped along the interests of the stronger party. Implied in both scenarios is that the otherwise weaker riparian, in aggregate power terms, is not in a position to achieve its aims and satisfy its needs in an optimal fashion. Its capabilities are inferior to those of its adversary. In effect, it has little alternative but to accept the desires of the stronger riparian. By considering a set of international water agreements and hydro-political contexts, this article challenges the realist conception of power in international river basins. Particularly, it demonstrates that otherwise weaker states may influence the hydro-political context and subsequent international agreements. Cooperation, in general, materializes when both states, but particularly the stronger state, realize that benefits can accrue from coordination and joint action. In other words, to harness the river in an efficient manner, cooperation must ensue and the downstream state's participation is important. Even when the benefits to cooperation are not clear, i.e. when the upstream riparian does not foresee immediate economic incentives to cooperation, coordination may still be attained through the manipulation of incentives (or strategic interaction).


Author(s):  
Zaira M. Sagova ◽  
◽  
Lidiya A. Lidiya A. Mezhova ◽  
Vadim V. Kulnev ◽  
Aleksandr M. Lugovskoy ◽  
...  

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