scholarly journals Water Security and International Law

Author(s):  
Tuomas Kuokkanen

The article explores water security from an international law point of view. The article argues that in order to better understand water security it is important to focus on the function of international water law. Even though water security is a relatively recent concept it was latent in the process of the evolution of international water law.  In addition, the article examines the relationship between man and water from the point of view of water security. The article seeks to answer the question: how does international water law deal with that relationship? Is water only an object to be utilized and protected or has the relationship become more complex and ambivalent through the occurrence of various extreme events. Furthermore, the article places the concept of water security into a historiographical and substantive context. It explores three broad approaches by international law to water issues: general international law, the regulatory approach and the management approach. The article argues that they are all relevant to water security. Finally, the article seeks to demonstrate that even though water security has emerged as a new notion, this does not mean that international law does not include rules and principles relevant for water security. Indeed, many general principles of international law are applicable in the context of water security. In addition, specific regulations dealing with water quantity and quality issues have been developed in international environmental law, although they are not necessarily labelled as water security rules. Moreover, various risk management methods have been elaborated to deal with water-related disasters and crises. Reciprocally, water security arguments are not necessarily new notions but rather reflect already existing concepts and principles. 

2019 ◽  
Vol 4 (1) ◽  
pp. 3-88
Author(s):  
Maria A. Gwynn

AbstractThe United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses (UN Watercourses Convention) recommends that states apply and adapt their watercourse agreements to the provisions of the UN Watercourses Convention. To explore the advantages of abiding to crucial developments in international water law, environmental law, and climate change law, this monograph will analyze the most important hydroelectric energy treaty in the South American region, the Itaipu Treaty. The monograph will argue that adapting watercourse agreements to developments in international law provides a way to foster sustainable development for the treaty parties, the countries sharing the watercourse ecosystem, as well as the international community as a whole.


2011 ◽  
Vol 2 (1) ◽  
pp. 169-192 ◽  
Author(s):  
Dinara ZIGANSHINA

Water security issues arising from the Central Asian states’ heavy reliance on, and competition over, the shared waters of the Aral Sea Basin have attracted urgent political and academic discussion. However, any analysis of the role that international law plays in addressing these substantive complex problems remains incomplete and imprecise. This article sets the stage for a deeper understanding of international law and of its potential operation in the context of the transboundary waters in the Aral Sea Basin. It seeks to explore the substantive norms operating in the field, namely, the rule of equitable and reasonable use, the no-harm rule, and obligations relating to environmental protection, with a view to understanding how these substantive norms work and ascertaining what conduct is required of the states with respect to their shared watercourses.


2018 ◽  
Vol 1 (39) ◽  
Author(s):  
Gildo Manuel Espada

RESUMOA importância da água como recurso vital para a humanidade e as disputas sobre o acesso a este recurso são cada vez mais intensas. Aliado a estes factos, acontece que grande parte dos recursos de água do planeta faz parte de recursos hídricos partilhados entre dois ou mais Estados. Este facto fez com que algumas organizações internacionais, mormente o Institut du Droit International e a International Law Association se esforçassem em codificar o Direito Internacional de Águas. Entretanto, apesar de todo o esforço feito, as normas aprovadas não obtiveram o estatuto de hard law, sendo aplicadas na qualidade de normas de soft law. Discutimos aqui a validade e importância de tais normas, no âmbito da Codificação do Direito de Águas. Para tal, fazemos um levantamento bibliográfico que visa o resgate histórico do surgimento do Direito de Águas, e trazemos importantes conceitos aplicáveis à temática. PALAVRAS-CHAVECodificação. Direito. Águas. ABSTRACTThe importance of water as a vital resource for humanity and the disputes over access to this resource are increasingly intense. Together with these facts, a large part of the planet´s water resources are shared between two or more States. These facts have led to a number of international organizations, including the Institut de Droit International and the International Law Association to embark in efforts to codify the International water Law.  However, despite all the efforts made, the rules adopted did not obtain the status of hard law, being only accepted and applied as soft law. We discuss here the validity and importance of such standards, within the framework of the codification of water law. To do this, we make a bibliographical research that aims to review the emergence of Water Law historically, and to bring important concepts applicable to this thematic. KEYWORDSCodification. Law. Water.


2009 ◽  
Vol 22 (4) ◽  
pp. 801-821 ◽  
Author(s):  
KERSTIN MECHLEM

AbstractOn 11 December 2008 the UN General Assembly adopted a set of draft articles on the law of transboundary aquifers which had been prepared by the International Law Commission (ILC) between 2002 and August 2008. These draft articles are the first official instrument that lays down rules of international law for the management and protection of groundwater, which makes up 97 per cent of the Earth's freshwater resources, excluding the resources locked in polar ice. This article discusses the contribution of the draft articles to the development of international water law. It first provides some background on the importance of shared groundwater resources, then describes the ILC's work on transboundary aquifers, and finally assesses in detail the draft articles and the way ahead.


Author(s):  
Philippe Cullet ◽  
Lovleen Bhullar ◽  
Sujith Koonan

International law seeks to ensure water security and to prevent or resolve conflicts leading to water insecurity. This relationship is based on a hybrid framework comprising binding and nonbinding instruments. The multi-scalar dimensions of water (in)security are recognized, but further engagement is required. The link between international law and water (in)security is considered primarily through the lens of international water law, which focuses on transboundary (surface) watercourses. Groundwater—the other main source of water and determinant of water (in)security—receives little attention. Further, the traditional state-centric approach, with its emphasis on sovereignty and cooperation, remains the dominant paradigm despite some attempts to redefine it. Several other branches of international law present opportunities for expanding international law's engagement with the water security discourse. Finally, the climate change challenge requires a reconsideration of international law's approach to water (in)security while considering the global dimensions of water. Expected final online publication date for the Annual Review of Law and Social Science, Volume 17 is October 2021. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.


AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 183-188
Author(s):  
Salman M.A. Salman

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.


2001 ◽  
Vol 73 (9-10) ◽  
pp. 3-10
Author(s):  
Slavko Bogdanović

The paper contains a review of the role and participation of the SFRY (Former Yugoslavia) in creation and development of International Water Law and International Environmental Law and its participation in the activities of international organizations in this field. Following is the review of current state of things concerning the FRY, with a special look back on the Danube River Basin. The concluding remarks comprise the authors views on the immediate and latter activities of the State, needed for development of modem and appropriate legal frameworks for future activities of the FRY in the field of Environment and Economy in Danube Basin, i.e. in the field of sustainable development.


2019 ◽  
Vol 3 (4) ◽  
pp. 1-110
Author(s):  
Slavko Bogdanović

AbstractAlthough the International Law Association (ILA) was established in 1873, it only turned its attention to the internationally shared water resources in 1954, when its study of the applicable principles and rules of international law thereon began. The first ILA committee assigned to this task was the Rivers Committee, which, after a decade of intensive study and through several resolutions and statements, arrived unanimously at a set of articles reflecting customary international law, known as The Helsinki Rules on the Uses of the Waters of International Rivers.The Helsinki Rules approved at the ILA Helsinki Conference in 1966 were soon widely accepted across the globe as a non-binding authoritative source of international water law. This monograph traces the work of ILA leading to the approval of the Helsinki Rules, analyses the Rules, and identifies their influence on, and contribution to the evolution of international water law.


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