Responsibility and liability in international law for damage to transboundary fresh water resources

Author(s):  
Owen McIntyre
Author(s):  
McCaffrey Stephen C

This book is an authoritative guide to the rules of international law governing the navigational and non-navigational uses of international rivers, lakes, and groundwater. The continued growth of the world’s population places increasing demands on Earth’s finite supplies of fresh water. Because two or more States share many of the world’s most important drainage basins, competition for increasingly scarce fresh water resources will only increase. Agreements between the States sharing international watercourses are negotiated, and disputes over shared water are resolved, against the backdrop of the rules of international law governing the use of this precious resource. The basic legal rules governing the use of shared freshwater for purposes other than navigation are reflected in the 1997 UN Convention on the Law of the Non-Navigational Uses of International Watercourses. This book devotes a chapter to the 1997 Convention but also examines the factual and legal context in which the Convention should be understood, considers the more important rules of the Convention in some depth, and discusses specific issues that could not be addressed in a framework instrument of that kind. It reviews the major cases and controversies concerning international watercourses as a background against which to consider the basic substantive and procedural rights and obligations of States in the field. This new edition covers the implications of the 1997 Convention coming into force in August 2014, and the compatibility of the 1997 and 1992 Conventions.


2021 ◽  
pp. 323-326
Author(s):  
Laurence Boisson de Chazournes

The body of principles and rules of international law applicable to fresh water has developed in many different directions. Regulation, economization, environmentalization, humanization, and institutionalization are the foremost. While they are discernible from one another, they are also intertwined. The apparent clashes between some of them—in particular, environmental and human concerns on one hand, and economic concerns on the other—are palpable in certain contexts. The method for preventing these clashes relies on the promotion of an integrated and coherent approach to apprehending the environmental, economic, social, and cultural facets of fresh water. In this context, the critical role that the notion of integrated water resources management can play is explored in this chapter.


Author(s):  
Ramiz Tagirov ◽  
◽  
Maya Zeynalova ◽  

The article examines the problem of fresh water, since in terms of water supply from its own resources per capita and per 1 km2, the republic is 8 times behind Georgia, 2 times behind Armenia. Significant water consumption in Azerbaijan is caused by its arid territory with a predominance of active temperature and a lack of precipitation, which leads to intensive irrigation of crops. At the same time, artificial irrigation is used on 70% of the cultivated land.


2019 ◽  
Vol 21 (3) ◽  
pp. 439-449
Author(s):  
Getahun Antigegn Kumie

The fact that a lot of fresh water resources in Ethiopia are shared between several sovereign states creates a difficult situation in terms of water governance and management. Since there is no central agency that can regulate the utilization of water, the autonomous riparian actors pursue their respective interests. Water is shared at local, national and international levels; and difficulty in water supply management arises from lack of coordination between local, national and international authorities. Most of the Ethiopian rivers are trans-boundary, i.e. shared by several sovereign states. The purpose of this paper is to examine water governance and management systems in the Tekeze River basin. The author uses the qualitative research method to critically examine the existing scarce literature sources and governmental policy documents. The findings of the study revealed the absence of any kinds of bilateral agreements among the riparian states of the Tekeze River basin. As the water governance system in the region is highly politicized, there exists a certain clash of interests between the Tekeze River nations. The constant conflict in the region disrupts cooperation needed for facility maintenance in the Tekeze River basin. The problems in the area arise due to the following factors: no demarcated boundaries between the basin states; no effective water governance system, and, as a result, no efficient and cooperative utilization of fresh water resources; lack of institutional and legal arrangements between the major riparian states.


2021 ◽  
Vol 6 (22) ◽  
pp. 130-137
Author(s):  
Omar Ahmed Hussein ◽  
Khadijah Mohamed

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.


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