Aspects of the Law of International Water Resources

1993 ◽  
Vol 27 (7-8) ◽  
pp. 213-221
Author(s):  
M. Hirsch ◽  
D. Housen-Couriel
Keyword(s):  
Water Resources ◽  
International Law ◽  
Limited Resources ◽  
Legal Regime ◽  
Public International Law ◽  
International Water ◽  
The Law ◽  
National Boundaries ◽  
Point Of Departure

As a result of the nature of lakes, rivers and aquifers, which ignore national boundaries, states are often presented with the problem of how to share and manage these limited resources. The role of law is to clarify the rights and responsibilities of states in such situations. Two aspects of the law of international water resources will be explored in this article. The point of departure for the analysis is public international law itself, which contains principles and guidelines for the utilization and management of water resources by the states which share them. The international legal regime applying to surface water will first be discussed. The second part of the article will consist of a comparison of several treaty regimes which presently apply in a situation of shared water resources between states.

scholarly journals Problems of formation of an international regime of the joint use and protection of international watercourses

Lex Russica ◽  
2019 ◽  
pp. 73-86
Author(s):  
Yu. A. Sluchevskaya
Keyword(s):  
Water Resources ◽  
International Law ◽  
Negative Impact ◽  
Information Support ◽  
Legal Regime ◽  
Economic Changes ◽  
Legal Norms ◽  
High Conflict ◽  
International Water ◽  
State Relations

The article is devoted to the problem of formation of modern international legal regime of joint use and protection of international watercourses that is aimed at effective provision of water to the States of international watercourse with due respect to new challenges and threats that have a negative impact on international water resources. The model is based on the concept of “international watercourse” that has the following features: 1) international watercourses include surface and ground waters; 2) a spatial and territorial criterion of an international watercourse that means crossing of the border between two or more States or being on their border; 3) the use of international watercourses affects the interests of two or more States; 4) the special international legal regime for the use of international watercourses that has developed within the framework of international law development; 5) special requirements for the protection of ecosystems of international watercourses that include protection from pollution and other forms of degradation of lands and forests adjacent to international watercourses, their fauna and flora; as well as seas into which watercourses flow; 6) a high conflict potential in the use of water resources of international watercourses. The analysis of the provisions of the doctrines of joint use and protection of transboundary waters shows that the formation of international water law should timely take into account human factors, technological and socio-economic changes. The modern international law model of the joint use and protection of international watercourses is a system of international legal norms regulating inter-state relations in the following areas: prevention, limitation and reduction of transboundary impact; protection of ecosystems of international watercourses; rational use of waters of international watercourses, effective management of water resources of international watercourses (including establishment and functioning of international basin organizations); information support of the population with regard to international watercourses.

Part III Human Health and Human Rights, 16 Ethics of International Maritime Law and Ocean Governance

2018 ◽  
Author(s):  
Pavliha Marko
Keyword(s):  
International Law ◽  
Law Of The Sea ◽  
Legal Ethics ◽  
Public International Law ◽  
Health And Human Rights ◽  
Maritime Law ◽  
Ocean Governance ◽  
Moral Standards ◽  
The Law

This chapter examines the role of ethics in international maritime law and ocean governance. It first considers the general ethical flavour of international law, giving a few examples of moral standards in the law of the sea and maritime law, before discussing a range of issues relating to ocean governance. It suggests that the phrase ‘international maritime law’ should be understood broadly as inspired by the International Maritime Organization’s International Maritime Law Institute (IMO IMLI), thus including the law of the sea as part of public international law and the maritime law, also known as shipping, admiralty or marine law. The chapter goes on to outline actions aimed at conserving and sustainably using the oceans, seas and marine resources for sustainable development. Finally, it offers recommendations on how to improve legal education with an obligatory course on legal ethics.

Protection and Use of Transboundary Groundwater Resources under Public International Law—An Analysis of the UN International Law Commission’s Draft Articles on the Law of Transboundary Aquifers

2019 ◽  
Vol 22 (1) ◽  
pp. 114-141
Author(s):  
Carolin Mai Weber
Keyword(s):  
Water Resources ◽  
International Law ◽  
Groundwater Resources ◽  
Extraction Rate ◽  
Public International Law ◽  
Legal Regimes ◽  
Precious Resource ◽  
The Law ◽  
Transboundary Aquifers

Groundwater is one of the world’s most important water resources. Although it is highly susceptible for pollution and overexploitation, its extraction rate is predicted to increase over the next decades. Against this background, this article discusses the contribution of the UN International Law Commission’s Draft Articles on the Law of Transboundary Aquifers to the protection of this precious resource. It first provides some information on the characteristics of groundwater and aquifers, then describes briefly the existing international legal regimes addressing transboundary groundwater and the evolution of the Draft Articles, and finally analyses the main criticisms and positive aspects of the Draft Articles.

scholarly journals The Role of Public International Law in the WTO: How Far Can We Go?

2001 ◽  
Vol 95 (3) ◽  
pp. 535-578 ◽  
Author(s):  
Joost Pauwelyn
Keyword(s):  
International Law ◽  
World Trade ◽  
Dispute Settlement ◽  
Public International Law ◽  
Appellate Body ◽  
Wto Dispute Settlement ◽  
The World ◽  
The Law ◽  
The Relationship

How does the World Trade Organization (WTO) relate to the wider corpus of public international law? What, in turn, is the role of public international law in WTO dispute settlement? This paper aims at resolving these two difficult questions. No straightforward answers to them can be found in WTO rules. Yet answering them has major ramifications both for the WTO (is the WTO a largely “self-contained regime” or is it not?) and for international law (is the future of international law further fragmentation or increased unity?). This exercise will be conducted under the law as it stands today—that is, the law as it may be invoked at present before the WTO “judiciary” (panels and the Appellate Body). Of course, WTO members (viz., the WTO “legislator”) could clarify or change the relationship between WTO rules and other rules of international law. However, it is unlikely that such changes will occur any time soon. In part I, I examine the general relationship between public international law and WTO law. I then assess, more specifically, the role of public international law in WTO dispute settlement in part II and offer some conclusions in part III.

The Role of Geo-location Technologies

2017 ◽  
Author(s):  
Dan Jerker B. Svantesson
Keyword(s):  
International Law ◽  
Law Reform ◽  
Private International Law ◽  
Current Effect ◽  
Public International Law ◽  
The Road ◽  
On The Road

This chapter explores the role geo-location technologies may play on the road towards achieving jurisdictional interoperability. The relevant technologies involved are introduced briefly, their accuracy examined, and an overview is provided of their use, including the increasingly common use of so-called geo-blocking. Attention is then given to perceived and real concerns stemming from the use of geo-location technologies and how these technologies impact international law, territoriality, and sovereignty, as well as to the role these technologies may play in law reform. The point is made that the current ‘effect-focused’ rules in both private international law and public international law (as those disciplines are traditionally defined), are likely to continue to work as an incentive for the use of geo-location technologies.

Understanding the Functions of Jurisdictional Law

2017 ◽  
Author(s):  
Dan Jerker B. Svantesson
Keyword(s):  
International Law ◽  
Legal Theory ◽  
Legal Philosophy ◽  
Law Reform ◽  
The Internet ◽  
Private International Law ◽  
Public International Law ◽  
Important Concept ◽  
Definition Of

This chapter takes us into the domain of legal theory and legal philosophy as it places the questions of Internet jurisdiction in a broader theoretical, and indeed philosophical, context. Indeed, it goes as far as to (1) present a definition of what is law, (2) discuss what are the law’s tools, and (3) to describe the roles of law. In addition, it provides distinctions important for how we understand the role of jurisdictional rules both in private international law and in public international law as traditionally defined. Furthermore, it adds law reform tools by introducing and discussing the concept of ‘market sovereignty’ based on ‘market destroying measures’––an important concept for solving the Internet jurisdiction puzzle.

scholarly journals THE APPEARANCE OF THE PENAL INTERNATIONAL LAW AS A BRANCH OF THE PUBLIC INTERNATIONAL LAW

2014 ◽  
Vol 8 (1) ◽  
pp. 122-126
Author(s):  
Daniel Ştefan Paraschiv ◽  
Elena Paraschiv
Keyword(s):  
International Relations ◽  
International Law ◽  
Human Values ◽  
Public International Law ◽  
The Public ◽  
Peace And Security ◽  
The Law

From the oldest times, there appeared certain norms of penal international law meantto prevent the committing of serious offenses, as well as for sanctioning them. This distinctbranch of the public international law is called upon to protect - by sanctioning personsguilty of committing serious offenses - peace and security of the whole humanity, thedevelopment in conformity with the norms of the law and moral of the international relations,the existence and perenniality of fundamental human values.

scholarly journals LEGAL RIGHTS OF INTERNATIONAL WATER RESOURCES: A CASE OF TIGRIS AND EUPHRATES RIVERS

2021 ◽  
Vol 6 (22) ◽  
pp. 130-137
Author(s):  
Omar Ahmed Hussein ◽  
Khadijah Mohamed
Keyword(s):  
Water Resources ◽  
International Law ◽  
Legal Rights ◽  
Research Approach ◽  
Legal Research ◽  
Legal Rules ◽  
Rules And Principles ◽  
International Water ◽  
Substantive Law ◽  
International Conventions

This paper aims to examine Iraq’s rights, being the downstream country, towards the use of Tigris and Euphrates Rivers and the extent to which international water resources are protected under international law. Being the downstream country, projects constructed on the banks of Tigris and Euphrates Rivers had significantly impacted Iraq as less water flows into the country. The discussion in this paper outlines principles of the existing international conventions and protocols in this area by adopting a doctrinal legal research approach which has great significance to understand the relevant substantive law through the analysis of legal rules, court judgments, and statutes. The paper concludes that historically, Iraq had an acquired right, a right confirmed by the international rules and principles, to share the usage of water from the Tigris and Euphrates Rivers with the upstream countries comprising of Turkey, Syria, and Iran. This paper suggests that all riparian countries of the Tigris and the Euphrates should abide by the rules of international law and recognize Iraq’s historical water ratios of these rivers based on the principle of the acquired right under international law.

Sign in / Sign up

Export Citation Format

Share Document