The Law of Transboundary Aquifers in Practice ‐ the Mureş Alluvial Fan Aquifer System (Romania/Hungary)

2011 ◽  
Vol 13 (3) ◽  
pp. 291-304
Author(s):  
Felix Zaharia
Keyword(s):  
International Law ◽  
Alluvial Fan ◽  
Aquifer System ◽  
Bilateral Agreements ◽  
United Nations General ◽  
Legal Questions ◽  
The Law ◽  
Water Companies ◽  
Local Water ◽  
Transboundary Aquifers

AbstractAt the beginning of April 2011, local water companies from the counties of Arad in Romania and Békés in Hungary initiated the demarches for the first project of transboundary supply of groundwater from the Romanian part of the Mureş Alluvial Fan Aquifer System to consumers in Hungary. An idea which came about at the same time that the International Law Commission’s Draft Articles on the Law of Transboundary Aquifers were being adopted, will be probably put into practice shortly after the United Nations General Assembly would have analyzed whether to transform the Draft Articles into a multilateral treaty. Until then, many legal questions regarding this project must be answered, some of them national, others international. This article tries to answer some of these problems, with the help of the International Law Commission’s Draft Articles on the Law of Transboundary Aquifers and the bilateral agreements concluded between Romania and Hungary.

The Work of the International Law Commission, 2007–2011: Progress and Prospects

2012 ◽  
Vol 106 (2) ◽  
pp. 322-340 ◽  
Author(s):  
Donald McRae
Keyword(s):  
International Law ◽  
International Organizations ◽  
Armed Conflicts ◽  
General Assembly ◽  
Un General Assembly ◽  
The Law ◽  
International Law Commission ◽  
Transboundary Aquifers ◽  
Law Commission ◽  
The Way

On November 17, 2011, the UN General Assembly elected the members of the International Law Commission for the next five years. In the course of the quinquennium that was completed in August 2011 with the end of the sixty-third session, the Commission concluded four major topics on its agenda: the law of transboundary aquifers, the responsibility of international organizations, the effect of armed conflicts on treaties, and reservations to treaties. It was by any standard a substantial output. The beginning of a new quinquennium now provides an opportunity to assess what the Commission has achieved, to consider the way it operates, and to reflect on what lies ahead for it.

From Knives to Kites: Developments and Dilemmas around the Use of Force in the Israeli–Palestinian Conflict since ‘Protective Edge’

2019 ◽  
Vol 10 (2) ◽  
pp. 303-336 ◽  
Author(s):  
Hilly Moodrick-Even Khen
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Use Of Force ◽  
Legal Regulation ◽  
The Self ◽  
Military Operations ◽  
Legal Questions ◽  
The Law ◽  
Israeli Occupation ◽  
Self Defence

This article analyses the legal regulation of the use of force in international law in the context of three emerging Palestinian forms of struggle against Israeli occupation: the Knife Intifada, the disturbances at the border, and the launching of incendiary kites. It discusses what legal paradigms or concepts should regulate the type and level of force used in each situation – a question that is complicated by various dilemmas – and finally, appraises the Israel Defence Forces policies tailored in response. The article evaluates the applicability of two legal paradigms regulating the use of force in military operations – (i) the conduct of hostilities and (ii) law enforcement – as well as the concept of personal self-defence in international law and the escalation of force procedure. While the Knife Intifada clearly falls under the law enforcement paradigm, the disturbances at the border and the launching of incendiary kites raise more difficult legal questions. Categorising them under a paradigm of law enforcement is less straightforward, and may have undesirable ramifications for safeguarding humanitarian interests. The article argues that the use of force in the disturbances at the border and the incendiary kites cases should be regulated by the concept of self-defence and escalation of force procedure, and that the application of the self-defence concept should be adapted, mutatis mutandis, to situations of law enforcement and to situations of hostilities.

The Contribution of the International Court of Justice to the Law on the Use of Force: Missed Opportunities or Unrealistic Expectations?

2009 ◽  
Vol 78 (3) ◽  
pp. 361-396 ◽  
Author(s):  
David McKeever
Keyword(s):  
International Law ◽  
Use Of Force ◽  
Legal Regime ◽  
International Court Of Justice ◽  
Missed Opportunities ◽  
Court Of Justice ◽  
Legal Questions ◽  
International Court ◽  
The Law ◽  
Unrealistic Expectations

AbstractIn recent years, the International Court of Justice has been presented with opportunities to pronounce on important dimensions of the law on the use of force. An assessment of the court's handling of these issues must consider first the role attributed to the Court within the international legal regime for preventing and mitigating the use of force, and thus what exactly would amount to 'success' for the Court in such cases. Notwithstanding the inherent limitations on the Court's capacity in this area, this article argues that the Court has largely failed to provide clear guidance on pressing legal questions. An unwarranted caution in utilising the judicial tools at its disposal is one important factor in this regard. Finally, this article highlights some potential consequences of the Court's recent work for the development of international law on the use of force.

Convention on the Law of the Non-Navigational Uses of International Watercourses

1997 ◽  
Vol 10 (3) ◽  
pp. 501-508 ◽  
Author(s):  
Malgosia Fitzmaurice
Keyword(s):  
United Nations ◽  
International Law ◽  
Working Group ◽  
General Assembly ◽  
United Nations General ◽  
United Nations General Assembly ◽  
The United Nations ◽  
The Law ◽  
International Law Commission ◽  
Final Text

On 11 April 1997, the text of the Convention on the Law of the Non-Navigational Uses of International Watercourses was presented by the Working Group of the Whole (WG) of the United Nations General Assembly Sixth Committee to the United Nations General Assembly (UNGA). This Convention is based on the 1994 Draft Articles on the same topic prepared by the International Law Commission (ILC). These Draft Articles were approved on second reading by the ILC during its 46th session in 1994 and subsequently submitted to the 49th session of the UNGA in 1994 for consideration by states. By its Resolution 49/52, the UNGA invited states to present written submissions to comment on the Draft Articles and at the same time it proposed that a working group on the whole of the UNGA Sixth Committee be established to convene during the 51st session of UNGA (September-December 1996) to elaborate the text for a convention. During its first session, the WG did not manage to accomplish this task. The final text submitted to the UNGA on 11 April 1997 was the result of the second session of the WG which had deliberated during the period from 24 March to 4 April 1997.

scholarly journals PENEGAKAN HUKUM ILLEGAL FISHING

2020 ◽  
Vol 13 (1) ◽  
pp. 120-130
Author(s):  
Elvinda Rima Harliza ◽  
Tomy Michael
Keyword(s):  
Law Enforcement ◽  
United Nations ◽  
International Law ◽  
Criminal Procedure ◽  
Large Area ◽  
Bilateral Agreements ◽  
Illegal Fishing ◽  
Procedure Code ◽  
The United Nations ◽  
The Law

Indonesia is a country that has a large area in the waters, so that foreign fishermen always escape illegal fishing activities. This theft occurred because of the lack of attention from the water inspectors. Until now, fish theft is still common. Because of this, Indonesia must suffer a huge loss of up to Rp 30 trillion each year. When viewed with a percentage reaching 25% with the amount of 1.6 million tons annually. These problems have resulted in many parties being harmed because of illegal fishing, so law enforcement is needed to regulate these actions. This is the reason the author writes a journal with the title Illegal Fish Enforcement. With the formulation of the problem as follows: "What are the arrangements for the enforcement of Illegal Fishing in Indonesia?". And "What is the legal arrangement of Illegal Fishing in international law?". This study uses a normative method that has been well applied by Indonesia today, also applied internationally. In this study the law is enforced by applying the reference of the 2009 Law on Fisheries contained in No. 45. This can be seen from all aspects starting from the investigation, its investigation, to the re-hearing. This is also explained in the Criminal Procedure Code issued in 1981 in Law No. 8. Under UNCLOS international sea law regulated by the United Nations regarding fishing sovereignty is only permitted if at any time it has obtained a shipping and fishing permit. And between the two countries must have bilateral agreements on sea territories.Indonesia merupakan sebuah negara yang punya wilayah besar dalam perairan, hingga membuat para nelayan asing selalu lolos dalam kegiatan illegal fishing. Terjadinya pencurian ini karena tidak adanya perhatian dari para pengawas perairan. Sampai saat ini, pencurian ikan ini masih sering terjadi. Karena hal ini, Indonesia harus mengalami kerugian yang besar mencapai Rp 30 triliun di tiap tahunnya. Jika dilihat dengan persenannya mencapai 25% dengan jumlah 1,6 juta ton setiap tahunnya. Persoalan-persoalan ini mengakibatkan banyak pihak yang dirugikan karena perbuatan Illegal Fishing, maka sangat diperlukan penegakan hukum yang mengatur tentang perbuatan tersebut. Inilah alasan penulis menulis jurnal dengan Judul Penegakan Hukum Illegal Fish. Dengan rumusan masalah “Bagaimana pengaturan penegakan hukum Illegal Fishing di Indonesia ?” dan “Bagaimana pengaturan hukum Illegal Fishing dalam hukum internasional ?”. Penelitian ini menggunakan metode normatif yang telah diberlakukan dengan baik oleh di Indonesia saat ini, juga diberlakukan di Internasional. Di dalam penelitian ini hukum ditengakkan dengan memberlakukan acuan dari Pasal 45 Undang-Undang Tahun 2009 tentang Perikanan. Ini dapat dlihat dari segala aspek mulai dari penyidikannya, penunututannya, hingga dilakukannya siding ulang. Hal ini dijelaskan juga dala Hukum Acara Pidana yang dikeluarkan tahun 1981 di Undang-Undang di Nomor 8. Berdasarkan hukum laut internasional UNCLOS yang diatur oleh PBB tentang kedaulatan pengkapan ikan hanya diperbolehkan jika kapan tersebut telah mendapatkan sebuah izin pelayaran dan penangkapan ikan. Dan antar kedua negara harus memiliki perjanjian bilateral tentang teritorial laut.

Past, Present and Future of the International Law of Transboundary Aquifers

2011 ◽  
Vol 13 (3) ◽  
pp. 209-222 ◽  
Author(s):  
Kerstin Mechlem
Keyword(s):  
International Law ◽  
Status Quo ◽  
Water Law ◽  
The Status ◽  
The Law ◽  
The 1960S ◽  
International Law Commission ◽  
Transboundary Aquifers ◽  
Law Commission ◽  
The Way

AbstractThe article discusses the development of international groundwater law from the first codification efforts of modern water law until present and raises relevant issues for the way forward. It first traces international groundwater law from the 1960s until the end of the last century. It then reviews the growing attention groundwater has received during the last decade and third discusses the status quo. It places particular emphasis on the 2008 Draft Articles on the Law of Transboundary Aquifers adopted by the International Law Commission and the legal arrangements made for five of the 273 transboundary aquifers. It concludes with thoughts on the way forward in this important and understudied area of international law.

scholarly journals Guiding Principles on Shared Responsibility in International Law

2020 ◽  
Vol 31 (1) ◽  
pp. 15-72 ◽  
Author(s):  
André Nollkaemper ◽  
Jean d’Aspremont ◽  
Christiane Ahlborn ◽  
Berenice Boutin ◽  
Nataša Nedeski ◽  
...  
Keyword(s):  
International Law ◽  
International Organizations ◽  
Shared Responsibility ◽  
Third Party ◽  
Joint And Several Liability ◽  
Legal Questions ◽  
International Responsibility ◽  
Guiding Principles ◽  
The Law ◽  
International Law Commission

Abstract It is common in international practice that several states and/or international organizations contribute together to the indivisible injury of a third party. Examples thereof are aplenty in relation to climate change and other environmental disasters, joint military activities and cooperative actions aimed at stemming migration. Such situations are hardly captured by the existing rules of the law of international responsibility. In particular, the work of the International Law Commission, which is widely considered to provide authoritative guidance for legal questions of international responsibility, has little to offer. As a result, it is often very difficult, according to the existing rules of the law of international responsibility, to share responsibility and apportion reparation between the states and/or international organizations that contribute together to the indivisible injury of a third party. The Guiding Principles on Shared Responsibility in International Law seek to provide guidance to judges, practitioners and researchers when confronted with legal questions of shared responsibility of states and international organizations for their contribution to an indivisible injury of third parties. The Guiding Principles identify the conditions of shared responsibility (including questions of multiple attribution of conduct), the consequences of shared responsibility (notably, the possibility of joint and several liability) and the modes of implementation of shared responsibility. The Guiding Principles are of an interpretive nature. They build on the existing rules of the law of international responsibility and sometimes offer novel interpretations thereof. They also expand on those existing rules, backed by authoritative practice and scholarship, to address complex questions of shared responsibility.

Ocean and Freshwater Resources

2008 ◽  
Author(s):  
David Freestone ◽  
Salman M.A. Salman
Keyword(s):  
Marine Pollution ◽  
Environmental Law ◽  
Law Of The Sea ◽  
Freshwater Resources ◽  
Bilateral Agreements ◽  
Complex Processes ◽  
United Nations General ◽  
Pollution Regulation ◽  
United Nations General Assembly ◽  
The Law

In December 1970, the United Nations General Assembly (UNGA) adopted two resolutions of major significance for ocean and freshwater resources. One of them, Resolution 2570 (C) (XXV), related to law of the sea, the seabed, and the ocean floor; and the other, Resolution 2669 (XXV), related to international watercourses. The resolutions set in motion two parallel, lengthy, and complex processes that resulted in the adoption, at different later stages, of two conventions, namely the Convention on the Law of the Sea in 1982 and the Convention on the Law of the Non-Navigational Uses of International Watercourses in 1997. This article discusses and analyses the international environmental law aspects related to ocean resources as well as those related to freshwater resources. It considers marine resources and the conservation of the marine environment, marine pollution, regulation of vessel-source pollution and ocean dumping, the principle of equitable utilisation and the no harm rule, and multilateral and bilateral agreements.

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