Pollution of shared freshwater resources in international law

2015 ◽  
pp. 81-115 ◽  
Author(s):  
Stephen C. McCaffrey
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):  
McCaffrey Stephen C

This introductory chapter discusses the importance of water to humans, its growing scarcity relative to human populations, and, consequently, the increasing potential for water-related conflicts between States. Humans are straining the limits of a resource essential to their survival. Moreover, humans are capable of altering natural conditions to the point that their neighbors are deprived of fresh water they need and have historically relied upon. While international law plays an important role in resolving conflicts between states, it can play an even more valuable role in preventing them, in establishing conditions that are conducive to cooperation among states sharing freshwater resources. Indeed, cooperation is itself a logical outgrowth of rules of international law applicable in this field.


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