scholarly journals Ecosystem Services and International Water Law: towards a more effective determination and implementation of Equity?

2017 ◽  
Vol 16 (2) ◽  
pp. 11
Author(s):  
Alistair Rieu-Clarke
Keyword(s):  
Water Management ◽  
Ecosystem Services ◽  
Natural Resource Management ◽  
Water Law ◽  
Effective Management ◽  
Competing Interests ◽  
Important Means ◽  
International Water Law ◽  
International Water ◽  
Transboundary Watercourses

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.

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.

Transboundary watercourses, dams and human migration: an international water law perspective

2020 ◽  
Vol 9 (2) ◽  
pp. 154-175
Author(s):  
Tamar Meshel
Keyword(s):  
International Law ◽  
Information Exchange ◽  
Human Migration ◽  
Water Law ◽  
Potential Contribution ◽  
Cross Border ◽  
Significant Harm ◽  
International Water Law ◽  
International Water ◽  
Transboundary Watercourses

This article examines the potential contribution of international water law (IWL) to alleviating the negative cross-border impacts of ‘dam-induced migration’, the displacement of individuals or communities resulting from dam construction. While much has been written on efforts to deal with this global problem in other areas of international law, the application of IWL in this context has yet to be meaningfully explored. But since dams are frequently constructed on transboundary watercourses, the principles of IWL (no significant harm, equitable and reasonable utilisation, and the duty to cooperate) may prove relevant and useful to mitigating the harmful cross-border impacts of dam-induced migration. The no significant harm principle requires States to comply with a due diligence standard of conduct designed to avoid, minimise, or compensate for significant harm that might result from the use of shared watercourses, including harm to human life or health. The equitable and reasonable utilisation principle obligates each basin State to use an international watercourse in a manner that is equitable and reasonable vis-à-vis the other States sharing it. The duty to cooperate requires States to collaborate in the management and use of shared watercourses and sets out concrete measures to enable collaboration, such as information exchange, consultations, and the establishment of joint institutions. Taken together, these IWL principles can effectively guide the planning, construction, and operation of dams on shared watercourses. Applying them to the specific issue of dam-induced migration, moreover, could promote inter-State cooperation and accountability, facilitate the resolution of disputes, and alleviate negative cross-border impacts. In this way, IWL can supplement other areas of international law in providing a comprehensive solution to the growing problem of dam-induced migration.

The Ilisu Dam and Its Impact on the Mesopotamian Marshes of Iraq: Implications for the Future Directions of International Water Law

2021 ◽  
Vol 5 (4) ◽  
pp. 3-92
Author(s):  
Raquella Moea Thaman
Keyword(s):  
Climate Change ◽  
International Collaboration ◽  
Conflict Avoidance ◽  
Water Law ◽  
Future Directions ◽  
The World ◽  
Mesopotamian Marshes ◽  
International Water Law ◽  
International Water ◽  
Transboundary Watercourses

Abstract The law of international watercourses has been successful in providing some measure of assistance in conflict avoidance and resolution. However, evolution of this body of law, which has been gradual in nature, is facing challenges adapting to climate change and its grave consequences. Climate change is causing the glaciers of the world to melt, and resulting in unpredictable shifts in patterns of rainfall, thus seriously impacting shared watercourses. The history and ecology of the Tigris Euphrates Basin, and the issues surrounding Turkey’s recent impoundment of water behind the Ilisu Dam on the Tigris, provide an example highlighting such challenges. This monograph argues that international collaboration over transboundary watercourses is imperative for maintaining peace and stability and should force us to think of new ways to address these newly emerging and growing challenges in this field.

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