The Role of Law in Transboundary River Basin Disputes PDF Download

Author: Chukwuebuka Edum
Publisher:
ISBN: 9781032551135
Category : Water
Languages : en
Pages : 0

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Book Description
"This book examines the role legal rules play in the resolution of disputes in transboundary river basins. When states fail to resolve disputes over shared water resources, many cast such failures on inadequate or ineffective legal rules. With this view in mind, this book examines the role that legal rules do, and can, play in aiding the peaceful settlement of disputes and furthering cooperation between different parties. Building on the interactional theory of law, the book formulates three analytical frameworks: the effect of norm-generating processes, the effects of water-related agreements and/or arrangements in the basins, and the effect of international water. It uses these frameworks to assess the role of law in the processes of cooperation and peaceful settlement of disputes on transboundary river basin by drawing on four illustrative case studies: the Jordan River Basin, the Nile River Basin, the Mekong River Basin and the Indus River Basin. In doing so, the book presents a unique perspective on the multi-functional role of legal rules in those processes. Tapping into the global discussion on water security and water-related conflicts, this book stimulates readers to explore broader or interdisciplinary perspectives for understanding water-related issues. This book will be of great interest to students and scholars interested in water resource management, water law, environmental politics, conflict resolution and sustainable development more generally"--

Author: Enamul Choudhury
Publisher: Anthem Press
ISBN: 1783088702
Category : Political Science
Languages : en
Pages : 294

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Book Description
‘Complexity of Transboundary Water Conflicts’ seeks to understand transboundary water issues as complex systems with contingent conditions and possibilities. To address those conditions and leverage the possibilities it introduces the concept of enabling conditions as a pragmatic way to identify and act on the emergent possibilities to resolve transboundary water issues. Based on this theoretical frame, the book applies the ideas and tools from complexity science, contingency and enabling conditions to account for events in the formulation of treaties/agreements between disputing riparian states in river basins across the world (Indus, Jordan, Nile, Ganges, Brahmaputra, Colorado, Danube, Senegal and Zayandehrud). It also includes a section with scholars’ reflections on the relevance and weakness of the theoretical framework.

Author: Chukwuebuka Edum
Publisher: Taylor & Francis
ISBN: 1003834949
Category : Law
Languages : en
Pages : 174

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Book Description
This book examines the role legal rules play in the resolution of disputes in transboundary river basins. When states fail to resolve disputes over shared water resources, many cast such failures on inadequate or ineffective legal rules. With this view in mind, this book examines the role that legal rules do, and can, play in aiding the peaceful settlement of disputes and furthering cooperation between different parties. Building on the interactional theory of law, this book formulates three analytical frameworks: the effect of norm-generating processes, the effects of water-related agreements and/or arrangements in the basins, and the effect of international water. It uses these frameworks to assess the role of law in the processes of cooperation and peaceful settlement of disputes on transboundary river basin by drawing on four illustrative case studies: the Jordan River Basin, the Nile River Basin, the Mekong River Basin, and the Indus River Basin. In doing so, this book presents a unique perspective on the multi-functional role of legal rules in those processes. Tapping into the global discussion on water security and water-related conflicts, this book stimulates readers to explore broader or interdisciplinary perspectives for understanding water-related issues. This book will be of great interest to students and scholars interested in water resource management, water law, environmental politics, conflict resolution, and sustainable development more generally.

Author: Rhett Larson
Publisher: BRILL
ISBN: 9004357645
Category : Law
Languages : en
Pages : 88

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Book Description
In Inter-state Water Law in the United States of America: What Lessons for International Water Law?, Rhett Larson offers lessons for international water law based on the successes and failures of inter-state water apportionment in the United State of America.

Author: Itzchak E. Kornfeld
Publisher: Cambridge University Press
ISBN: 1107186609
Category : Business & Economics
Languages : en
Pages : 337

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Book Description
A thorough analysis of how effectively international courts and tribunals adjudicate transboundary water disputes, using detailed case studies.

Author: Anton Earle
Publisher: Routledge
ISBN: 1136531106
Category : Business & Economics
Languages : en
Pages : 268

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Book Description
The management of water resources across boundaries, whether sub-national or international, is one of the most difficult challenges facing water managers today. The upstream exploitation or diversion of groundwater or rivers can have devastating consequences for those living downstream, and transboundary rivers can provide a source of conflict between nations or states, particularly where water resources are scarce. Similarly, water based-pollution can spread across borders and create disputes and a need for sound governance.1. Introduction: Setting the Scene for Transboundary Water Management Approaches2. Why Negotiate? Asymmetric endowments and asymmetric power and the invisible nexus of water, trade and power that brings apparent water security3. Power, Hegemony and Critical Hydropolitics4. Getting Beyond the Environment-Conflict Trap: Benefit-Sharing in International River Basins5. International Water Law: concepts, evolution and development6. Aquifer Resources in a Transboundary Context: A Hidden Resource? - Enabling the Practitioner To 'See It and Bank It' for Good Use7. Governance in Transboundary Basins - the Role of Stakeholders, Concepts and Approaches in International River Basins8. Environmental Flows in Shared Watercourses: Review of Assessment Methods and Relevance in the Transboundary Setting9. Managing Water Negotiations and Conflicts in Concept and in PracticeContributorsIndexPart I: Analytical Approaches to Transboundary Water ManagementPart II: Transboundary Water Management Polity and PracticePart III: Challenges and OpportunitiesThis book is the first to bring together in a concise and accessible way all of the main topics to be considered when managing transboundary waters. It will raise the awareness of practitioners of the various issues needed to be taken into account when making water management decisions and provide a practically-based overview for advanced students. The authors show clearly how vital it is to cooperate effectively over the management of shared waters to unlock their contribution to regional sustainable development. The book is largely based on a long-running and tested international training programme, run by the Stockholm International Water Institute and Ramboll Natura, and supported by the Swedish International Development Co-operation Agency (Sida), where the respective authors have presented modules on the programmes. It addresses issues not only of conflict, but also of managing power asymmetries, benefit-sharing, stakeholder participation, international water law, environmental water requirements and regional development. It will be particularly useful for those with a background in hydrology or engineering who wish to broaden their management skills.

Author: Ben Boer
Publisher: Routledge
ISBN: 1317657780
Category : Law
Languages : en
Pages : 301

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Book Description
An international river basin is an ecological system, an economic thoroughfare, a geographical area, a font of life and livelihoods, a geopolitical network and, often, a cultural icon. It is also a socio-legal phenomenon. This book is the first detailed study of an international river basin from a socio-legal perspective. The Mekong River Basin, which sustains approximately 70 million people across Cambodia, China, Laos, Myanmar, Thailand and Vietnam, provides a prime example of the socio-legal complexities of governing a transboundary river and its tributaries. The book applies its socio-legal analysis to bring a fresh approach to understanding conflicts surrounding water governance in the Mekong River Basin. The authors describe the wide range of uses being made of legal doctrine and legal argument in ongoing disputes surrounding hydropower development in the Basin, putting to rest lingering caricatures of a single, ‘ASEAN’ way of navigating conflict. They call into question some of the common assumptions concerning the relationship between law and development. The book also sheds light on important questions concerning the global hybridization or crossover of public and private power and its ramifications for water governance. With current debates and looming conflicts over water governance globally, and over shared rivers in particular, these issues could not be more pressing.

Author: Flavia Rocha Loures
Publisher: Routledge
ISBN: 1136484388
Category : Law
Languages : en
Pages : 422

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Book Description
At the UN General Assembly in 1997, an overwhelming majority of States voted for the adoption of the United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses – a global overarching framework governing the rights and duties of States sharing freshwater systems. Globally, there are 263 internationally shared watersheds, which drain the territories of 145 countries and represent more than forty percent of the Earth's land surface. Hence, inter-State cooperation towards the sustainable management of transboundary water supplies, in accordance with applicable international legal instruments, is a topic of crucial importance, especially in the context of the current global water crisis. This volume provides an assessment of the role and relevance of the UN Watercourses Convention and describes and evaluates its entry into force as a key component of transboundary water governance. To date, the Convention still requires further contracting States before it can enter into force. The authors describe the drafting and negotiation of the Convention and its relationship to other multilateral environmental agreements. A series of case studies assess the role of the Convention at various levels: regional (European Union, East Africa, West Africa, Central Asia, Central America and South America), river basin (e.g. the Mekong and Congo) and national (e.g. Ethiopia and Mexico). The book concludes by proposing how future implementation might further strengthen international cooperation in the management of water resources, to promote biodiversity conservation as well as sustainable and equitable use.

Author: Mara Tignino
Publisher: Edward Elgar Publishing
ISBN: 1785360698
Category :
Languages : en
Pages : 552

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Book Description
Recent decades have seen pivotal changes in the management and protection of water resources, with human rights, environmental and water law each developing a strong interest in the conservation of fresh water. This surge in interest has meant that dispute settlement mechanisms, along with diplomatic tools, are becoming increasingly necessary for conflict resolution. This Handbook offers an analysis of the interaction between law and various forms of knowledge and expertise, ranging from economics to environmental and social sciences. Leading scholars examine general and specific water legal regimes and analyse the interplay between various disciplines in order to establish the extent to which law is informed by each.

Author: Aline Baillat
Publisher: IWA Publishing
ISBN: 1843393611
Category : Science
Languages : en
Pages : 261

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Book Description
International Trade in Water Rights provides a new approach to the questions raised by international water transfer projects: To whom does water belong? More precisely, what rules should govern international water transfers from transboundary watercourses? These issues are usually studied through the lenses of international trade law. International Trade in Water Rights offers a new approach by highlighting the fundamental issue of domestic and international water property regime and introducing the difference between trade in water and trade in water rights. International Trade in Water Rights analyses the conditions under which market-based instruments could participate in the resolution of water disputes over international watercourses and recommendations are made based on the study of two cases of inter-state water trading in the Colorado River Basin and in the Murray Darling Basin. It is argued that the recognition of water as an economic good in domestic water reform will increasingly impact the management of international watercourses. The book is of key interest to water professionals, economists, lawyers, and political scientists dealing with transboundary disputes over water.