10. International Watercourses: Environmental Protection and Sustainable Use

2021 ◽  
pp. 571-616
Author(s):  
Alan Boyle ◽  
Catherine Redgwell
Keyword(s):  
Environmental Protection ◽  
Fresh Water ◽  
Marine Environment ◽  
Natural Resource ◽  
Sustainable Use ◽  
Environmental Problems ◽  
Finite Resource ◽  
International Water Law ◽  
International Water ◽  
The Law

This chapter turns to issues related to fresh water. Fresh water is a finite resource and the more we pollute it, the more issues we have with its use. A sustainable supply of fresh water is vital to life. Historically, international water law was not particularly concerned with environmental problems. This chapter talks of ‘international watercourse’ which is a convenient designation for rivers, lakes, or groundwater sources shared by two mor more states. The law of international watercourses has for most of its history been concerned with the allocation and use of a natural resource of international significance, not with its conservation or environmental protection. While it can be asserted with some confidence that states are no longer free to pollute or otherwise destroy the ecology of a shared watercourse to the detriment of their neighbours or of the marine environment, definitive conclusions concerning the law in this area are more difficult to draw.

8 The IMO’s Work on Environmental Protection and Global Ocean Governance

2018 ◽  
Author(s):  
Chircop Aldo
Keyword(s):  
Environmental Protection ◽  
Marine Environment ◽  
International Organization ◽  
International Maritime Organization ◽  
Global Ocean ◽  
Law Of The Sea ◽  
Effective Control ◽  
Ocean Governance ◽  
The Law

This chapter surveys the extensive work undertaken by the International Maritime Organization (IMO) to protect the marine environment. It argues that marine environment issues cannot be the exclusive responsibility of one international organization, even one as proactive as the IMO. The chapter offers a variety of suggestions that might be looked into to improve the effectiveness of IMO measures. It also notes that flag states do not always live up to their responsibilities under the UN Convention on the Law of the Sea (UNCLOS) with regard to the exercise of effective control and jurisdiction over ships flying their flags. In this light, Port State Memorandum of Understanding (MoU) reports frequently observe substantial deficiencies on a number of vessels, whether flagged under open registries or not. It remains to be seen whether the recently adopted IMO compulsory audit scheme may cast further light on these issues.

scholarly journals Equitable and Reasonable Utilization and the Obligation Against Causing Significant Harm – Are they Reconcilable?

AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 183-188
Author(s):  
Salman M.A. Salman
Keyword(s):  
Water Law ◽  
Challenging Issue ◽  
Significant Harm ◽  
History Of ◽  
International Water Law ◽  
International Water ◽  
The Law ◽  
The Relationship

The relationship between the principle of equitable and reasonable utilization and the obligation against causing significant harm has been the most challenging issue in the long history of the evolution of international water law. The purpose of this essay is to discuss the genesis of the debate on the relationship between the two concepts, present the opposing positions of the different riparians thereon, and clarify how the UN Convention on the Law of the Non-Navigational Uses of International Watercourses has resolved this matter and rendered the two concepts reconcilable.

scholarly journals Comparison and Contrast of Islamic Water Management Principles with International Water Law Principles: A Case Study of Helmand River Basin

2021 ◽  
Author(s):  
Najibullah Loodin ◽  
Aaron Wolf
Keyword(s):  
Water Management ◽  
River Basin ◽  
Sustainable Use ◽  
Water Law ◽  
International Water Law ◽  
International Water ◽  
Negative Impacts ◽  
Enforcement Mechanisms ◽  
Water Tension ◽  
Role Of Religion

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.

Part V Subject Matter, Ch.30 Freshwater Resources

2021 ◽  
Author(s):  
Salman Salman M A
Keyword(s):  
United Nations ◽  
United Nations Economic Commission ◽  
Economic Commission ◽  
Draft Convention ◽  
United Nations Convention ◽  
International Water Law ◽  
International Water ◽  
The Law ◽  
Bilateral Treaties ◽  
International Law Commission

This chapter traces the evolution of the legal regime for environmental protection of shared watercourses. Codification of international water law began only in 1970, when the International Law Commission (ILC) started to work on a draft convention on the law of the non-navigational uses of international watercourses. After close to a quarter of a century, five rapporteurs, and fifteen reports, the ILC completed its work and adopted the draft United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses (Watercourses Convention). In parallel, the United Nations Economic Commission for Europe (UNECE) Convention on the Protection and Use of Transboundary Watercourses and International Lakes (Water Convention) was adopted in 1992, and entered into force in 1996. The chapter then analyses and compares the environmental provisions of these two global Conventions. It also considers the influence of the two Conventions on the environmental provisions of subsequent regional and bilateral treaties.

Challenges to Protecting the Marine Environment beyond National Jurisdiction

2012 ◽  
Vol 27 (4) ◽  
pp. 839-847 ◽  
Author(s):  
Kristina M. Gjerde
Keyword(s):  
Marine Environment ◽  
Integrated Management ◽  
Sustainable Use ◽  
Law Of The Sea ◽  
Marine Biodiversity ◽  
Human History ◽  
Global Community ◽  
The Past ◽  
National Jurisdiction ◽  
The Law

Abstract In the past thirty years since the signing of the UN Convention on the Law of the Sea (LOSC), the ocean has changed more than in all of human history before. It is now facing a multitude of interconnected threats that require comprehensive, precautionary and integrated management. This review of the environmental provisions in Part XII of the LOSC with respect to the high seas and the seabed area beyond national jurisdiction (ABNJ) reveals significant strengths as well as substantial weaknesses and gaps. Governments are now grappling with how to address problems related to the conservation and sustainable use of marine biodiversity in ABNJ. This commentary concludes that Part XII will need strengthening, including through an implementing agreement, to enable the global community to cope with the escalating challenges of a changing ocean.

Environmental Law: A Very Short Introduction

2017 ◽  
Author(s):  
Elizabeth Fisher
Keyword(s):  
Environmental Protection ◽  
Environmental Law ◽  
Environmental Problems ◽  
Short Introduction ◽  
Political Conflicts ◽  
Limits Of Knowledge ◽  
The Law ◽  
Controversial Area ◽  
Vast Area

Environmental law is the law concerned with environmental problems. It is a vast area of law that operates from the local to the global, involving a range of different legal and regulatory techniques. In theory, environmental protection is obvious and ethically desirable. Yet, in practice, environmental law is a messy and complex business fraught with conflict. Environmental Law: A Very Short Introduction discusses the nature and practice of environmental law, and explores the role of lawmakers, courts, and regulators. It analyses why environmental law is both a fundamental and controversial area of law, dealing with multiple interests, socio-political conflicts, and the limits of knowledge about the environment, using examples from across the globe.

Sign in / Sign up

Export Citation Format

Share Document