scholarly journals The Governance Regime of the Mekong River Basin

2017 ◽  
Vol 2 (1) ◽  
pp. 1-84 ◽  
Author(s):  
Rémy Kinna ◽  
Alistair Rieu-Clarke
Keyword(s):  
Comparative Analysis ◽  
River Basin ◽  
Fast Moving ◽  
Mekong River ◽  
Water Law ◽  
Legal Principles ◽  
Governance Regime ◽  
International Water Law ◽  
International Water ◽  
Global Water

Entry into force of theunWatercourses Convention in August 2014, and the opening of theuneceWater Convention to all states in March 2016, are significant milestones in international water law. A comparative analysis of these two global water conventions and the 1995 Mekong Agreement shows that all three instruments are generally compatible. Nonetheless, the international legal principles and processes set forth in the two conventions can render the Mekong Agreement more up to date, robust and practical. Strengthening the Agreement would be timely, given the increasing pressures associated with the rapid hydropower development within the basin and the gradually emerging disputes therein. Because of these fast-moving developments, the monograph strongly recommends that the Mekong states seriously consider joining both conventions in order to buttress and clarify key provisions of the 1995 Mekong Agreement.

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 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.

Hydro-hegemony and international water law: laying claims to water rights

Water Policy ◽  
2008 ◽  
Vol 10 (S2) ◽  
pp. 89-102 ◽  
Author(s):  
Marwa Daoudy
Keyword(s):  
Bargaining Power ◽  
Negotiation Process ◽  
Water Law ◽  
International Rivers ◽  
Legal Principles ◽  
Bargaining Position ◽  
Prior Notification ◽  
International Water Law ◽  
International Water

This paper addresses hydro-hegemony from the perspective of International Water Law, by examining the role of law in upstream/downstream negotiations. It is built on the understanding that International Water Law constitutes an element of power relations, asserting that it is a source of structural and bargaining power. The first section of the paper discusses main principles that have emerged, and their establishment as terms of reference for water cooperation. In the second part, competing claims are analysed to see how co-riparians in the Euphrates and Tigris basins have provided deliberately conflicting interpretations over “International rivers”, “equitable and reasonable utilization”, “no harm”, “prior notification” and “consultation” to derive negotiating positions and influence from International Water Law. Conclusions point to the understanding of water law as a structural variable, impacting on the actors’ constraints and options and enhancing the structural power of the non-hegemonic riparians. International Water Law appears to operate as well as process-related variable which influences the process and outcome of water negotiations. As a source of bargaining power, legal principles increase the legitimacy of downstream riparians and enhances their bargaining position in the negotiation process.

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.

scholarly journals The inter-relationship between no harm, equitable and reasonable utilisation and cooperation under international water law

2020 ◽  
Vol 20 (4) ◽  
pp. 619-629
Author(s):  
Attila M. Tanzi
Keyword(s):  
International Justice ◽  
Water Law ◽  
International Court Of Justice ◽  
Legal Principles ◽  
Community Interest ◽  
Court Of Justice ◽  
International Court ◽  
International Water Law ◽  
International Water ◽  
No Harm Principle

Abstract The chapter addresses the no-harm principle as a core pillar of the international water law regime, and its inter-relationship with the principles of equitable and reasonable utilisation and cooperation. No harm will be described in its harmonised relation to the latter two principles under the “community interest” approach to transboundary watercourses, as enunciated by the Permanent Court of International Justice and later corroborated by the International Court of Justice. Such a harmonised construction of the three-pronged body of international water law will be illustrated as one disproving any alleged priority or, conversely, subservience of either principle with respect to the others. It will also be shown how the same construction emphasises the integration and inter-relationship between the legal principles at hand.

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