scholarly journals Contribution of General Principles of International Law in Progressive Development of Transboundary Aquifers

2021 ◽  
Vol 8 (2) ◽  
pp. 183-199
Author(s):  
Atul Alexander ◽  
Anushna Mishra
Keyword(s):  
Sustainable Development ◽  
Natural Resources ◽  
International Law ◽  
Good Faith ◽  
Progressive Development ◽  
Indus Waters Treaty ◽  
Transboundary Resources ◽  
Transboundary Aquifers

Man’s ruthless exploitation of natural resources means that we are housed in a resource-deprived world. The tug of war for meager resources has led to many conflicts between States that we witness today. At the heart of the whole debate on resource crunch is the issue of shared natural resources between States. International law has formulated several legal instruments to govern the shared transboundary resources, laws on transboundary aquifers being one. The objective of this paper is to unlock the general principles of international law that regulate the transboundary aquifers. In this regard, the paper has been apportioned into three sections. The first section sets the tone by detailing the provisions of the 2008 Draft Articles on the Transboundary Aquifers dealing with general principles. The second segment of the paper lays down the cardinal principles regulating transboundary aquifers, which range from sustainable development to the principle of good faith. The final portion delves into the Israel-Palestine dispute and the India-Pakistan Indus Waters Treaty in the context of transboundary aquifers.

State Sovereignty in the Planetary Management of Natural Resources

2021 ◽  
Author(s):  
Nico J. Schrijver
Keyword(s):  
Sustainable Development ◽  
International Law ◽  
Environmental Governance ◽  
Biological Diversity ◽  
Environmental Conservation ◽  
Global Environmental Governance ◽  
Sovereign State ◽  
Progressive Development ◽  
Global Environmental ◽  
Global Values

Protagonists of global environmental governance often view the sovereign State as well as the principle of sovereignty as major stumbling blocks for effective environmental conservation and sustainable development. Some even herald the demise of the idea of the sovereign State. However, reality has it differently. Sovereignty is no longer an unqualified concept. Manifold new duties have been imposed upon the sovereign State as a result of the progressive development of international law. Much of the modern international law movement vests States with the responsibility to adopt regulations, to monitor and secure compliance and exercise justice in order to achieve its implementation, whereas supranational global environmental governance has remained notoriously weak. This article examines this proposition by reference to the environmental and developmental role of states in three landmark multilateral treaties: The United Nations Law of the Sea Convention (1982), the Convention on the Conservation of Biological Diversity (1992) and the Paris Agreement on climate change (2015). They demonstrate that sovereignty serves as a key organisational principle for the realization of global values, such as environmental conservation and sustainable development.

Part III Conceptual Pillars, Ch.20 Equity

2021 ◽  
Author(s):  
Scholtz Werner
Keyword(s):  
Sustainable Development ◽  
International Law ◽  
Critical Analysis ◽  
Legal Status ◽  
Environmental Law ◽  
Prima Facie ◽  
Intergenerational Equity ◽  
International Environmental Law ◽  
Progressive Development ◽  
Generational Equity

This chapter critically analyses the notion of equity in international environmental law. It begins by discussing the meaning of equity in international law and briefly reflecting on familiar examples of the manifestation of equity in international environmental law treaties. The prominence of intergenerational and intra-generational equity in international environmental law warrants a subsequent critical analysis of the content, legal status, and relationship between these forms of equity. This discussion indicates that although the two components of equity may prima facie be in conflict, they constitute important complementary aspects of sustainable development. The chapter then calls for the progressive development of aspects of intra-generational and intergenerational equity that may have profound consequences for international environmental law.

The Draft Articles on the Law of Transboundary Aquifers: The Process at the UN ILC

2011 ◽  
Vol 13 (3) ◽  
pp. 223-235 ◽  
Author(s):  
Raya Marina Stephan
Keyword(s):  
Natural Resources ◽  
International Law ◽  
Oil And Gas ◽  
General Assembly ◽  
Proper Management ◽  
Un General Assembly ◽  
The Law ◽  
International Law Commission ◽  
Transboundary Aquifers ◽  
Law Commission

AbstractIn 2002, the UN International Law Commission added to its program of work the topic of Shared Natural Resources: transboundary groundwater, oil and gas. Six years later, the UN ILC completed its work on the first sub-topic by adopting at second reading nineteen draft articles on the law of transboundary aquifers. The draft articles were then deferred to the UN General Assembly, which adopted Resolution A/RES/63/124 including the draft articles in annex. In the Resolution, the UN GA “encourages the States concerned to make appropriate bilateral or regional arrangements for the proper management of their transboundary aquifers, taking into account the provisions of these draft articles”.The paper will go through the main principles codified in the draft articles. The UN ILC had benefited from a unique cooperation on the science of hydrogeology from UNESCO’s International Hydrological Program; hence it considered and covered issues of main importance for hydrogeologists.

State Sovereignty in the Planetary Management of Natural Resources

2021 ◽  
pp. 1-8
Author(s):  
Nico J. Schrijver
Keyword(s):  
Sustainable Development ◽  
International Law ◽  
Environmental Governance ◽  
Biological Diversity ◽  
Environmental Conservation ◽  
Global Environmental Governance ◽  
Sovereign State ◽  
Progressive Development ◽  
Global Environmental ◽  
Global Values

Protagonists of global environmental governance often view the sovereign State as well as the principle of sovereignty as major stumbling blocks for effective environmental conservation and sustainable development. Some even herald the demise of the idea of the sovereign State. However, reality has it differently. Sovereignty is no longer an unqualified concept. Manifold new duties have been imposed upon the sovereign State as a result of the progressive development of international law. Much of the modern international law movement vests States with the responsibility to adopt regulations, to monitor and secure compliance and exercise justice in order to achieve its implementation, whereas supranational global environmental governance has remained notoriously weak. This article examines this proposition by reference to the environmental and developmental role of states in three landmark multilateral treaties: The United Nations Law of the Sea Convention (1982), the Convention on the Conservation of Biological Diversity (1992) and the Paris Agreement on climate change (2015). They demonstrate that sovereignty serves as a key organisational principle for the realization of global values, such as environmental conservation and sustainable development.

TANTANGAN PEMBANGUNAN BERKELANJUTAN DI ERA OTONOMI DAERAH

2018 ◽  
Vol 4 (1) ◽  
Author(s):  
Lestario Widodo
Keyword(s):  
Sustainable Development ◽  
Natural Resources ◽  
Regional Autonomy

Regional outonomy that is meant as right, authority and obligatory of the district (kabupaten/kota) to regulateand manage their own governance and community’s interests gave pressure impacts to the environmentalsustainability since its implementation in 2001. The spirit to utilize natural resources from the districtarea tend to explore the environment irresponsibly which resulted in degradation of the environmentalsustainability. The district policies had often not been assessed in detail before implementation especiallytheir impacts to the environment. This caused the regional autonomy went into a different direction,therefore it needs an improvement in the level of program determination, policy and regulation applied, sothat the spirit to conduct decentralised governance will be kept on the rules of sustainable developmentwhich is environmentally friendly.Key words : Sustainable Development, Regional Autonomy

On the Road to Vienna

2017 ◽  
Author(s):  
Kai Bruns
Keyword(s):  
Cold War ◽  
International Law ◽  
The Road ◽  
Progressive Development ◽  
History Of ◽  
On The Road ◽  
The Cold War ◽  
International Law Commission ◽  
Law Commission

This chapter focuses on the negotiations that preceded the 1961 Vienna Conference (which led to the conclusion of the VCDR). The author challenges the view that the successful codification was an obvious step and refers in this regard to a history of intense negotiation which spanned fifteen years. With particular reference to the International Law Commission (ILC), the chapter explores the difficult task faced by ILC members to strike a balance between the codification of existing practice and progressive development of diplomatic law. It reaches the finding that the ILC negotiations were crucial for the success of the Conference, but notes also that certain States supported a less-binding form of codification. The chapter also underlines the fact that many issues that had caused friction between the Cold War parties were settled during the preparatory meetings and remained largely untouched during the 1961 negotiations.

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