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Cooperation in the Law of Transboundary Water Resources

Cooperation in the Law of Transboundary Water Resources

Name: Cooperation in the Law of Transboundary Water Resources
Brand: Cambridge University Press
SKU: 9781107035973
Price: 1387.10 HKD
Availability: OutOfStock
Author: Christina Leb
ISBN: 9781107035973

By Christina Leb

Cambridge University Press July 2013

Specifications

ISBN-13: 9781107035973
Publisher: Cambridge University Press
Publication: July 2013
Format: Hardback , 363 pages
Jurisdiction: International ? Countri(es) for reference only

Details

Climate change, population growth and the increasing demand for water are all capable of leading to disputes over transboundary water systems. Dealing with these challenges will require the enhancing of adaptive capacity, the improving of the quality of water-resources management and a reduction in the risk of conflict between riparian states. Such changes can only be brought about through significant international cooperation. Christina Leb's analysis of the duty to cooperate and the related rights and obligations highlights the interlinkages between this duty and the principles of equitable and reasonable utilisation and the prevention of transboundary harm. In doing so, she considers the law applicable to both international watercourses and transboundary aquifers, and explores the complementarities and interaction between the rules of international water law and the related obligations of climate change and human rights law.

• Challenges the traditional conceptualisation of 'transboundary water resources' in international water law and extends the legal analysis to global hydrologic interdependence

• Analyses the existence of international cooperation obligations in human rights law, as well as the interactions between this area of law and international water law

• Analyzes complementarities and interactions between different areas of international law, thereby illustrating the interconnectedness of the different areas and underlining the importance of systemic analysis

Acknowledgements	x
Table of treaties	xii
Table of cases	xxi
List of abbreviations	xxiv
Introduction	1
Part I Acknowledging interdependence	11
1 Cooperation between sovereign States	13
1.1 The nature of water	13
1.1.1 The water cycle	13
1.1.2 Human intervention and interdependence	16
1.1.3 Addressing hydrologic interdependence through cooperation	18
1.2 State motivation for cooperation	19
1.2.1 Elements intervening in the choice to cooperate	20
1.2.2 Factors contributing to the use of law in State cooperation	27
1.3 The nature of cooperation in international law	30
1.3.1 Good faith as an essential assumption	31
1.3.2 Evolution of cooperative coexistence of States	32
1.3.3 Changing paradigms	35
1.4 Conclusion	40
2 Development of international water law	42
2.1 Sovereignty over shared water resources	42
2.1.1 Absolute territorial theories	43
2.1.2 Limited territorial sovereignty over shared resources	50
2.1.3 A community of interest?	52
2.2 Expansion of normative reach	56
2.2.1 Expansion via navigation	56
2.2.2 Continued efforts in multilateral codification	59
2.2.3 Widening thematic scope	65
2.3 Conclusion	68
Part II A general duty to cooperate: What does it mean?	71
3 The duty to cooperate and concurrence of principles	73
3.1 The general duty to cooperate	74
3.1.1 Crystallisation of an autonomous duty	74
3.1.2 Terms and objectives of the general duty to cooperate	81
3.2 Considering legitimate interests of others	86
3.2.1 The principle of equitable and reasonable utilisation	86
3.2.2 Implementation of the principle	89
3.2.3 Inter-generational equity	93
3.3 Minimising negative impact on others	96
3.3.1 Good neighbourliness	97
3.3.2 Implementation of the principle: Obligation not to cause significant harm	100
3.4 Conclusion: A triangle of principles?	104
4 Informing cooperation	107
4.1 Procedure void of substance?	107
4.1.1 Procedural and substantive law	107
4.1.2 The procedural and substantive content of specific cooperation obligations	110
4.1.3 Importance of comprehensive reading	112
4.2 Informing the process	114
4.2.1 Regular data and information exchange	115
4.2.2 Notification of emergencies	125
4.2.3 Notification of planned measures	129
4.3 Identifying mutual benefits and competing interests and rights	139
4.3.1 Consultation	139
4.3.2 Negotiation	143
4.3.3 Conclusion of treaties	150
4.4 Conclusion	151
5 Adoption of joint measures	153
5.1 Protection and development of shared waters	154
5.1.1 Coordination for water quality control	154
5.1.2 Ecosystem management and protection	162
5.1.3 Flow regulation and joint infrastructure	169
5.2 Institutional frameworks for cooperation	176
5.2.1 Platforms for dialogue, planning and operation	179
5.2.2 Enhancing and widening cooperation	184
5.2.3 Ensuring compliance	187
5.2.4 Preventing and settling disputes	193
5.3 Conclusion: Managing complexity through joint action	195
Part III Dealing with evolving challenges	197
6 International protection of vital human water needs	199
6.1 Vital human water needs – an issue worthy of legal protection	200
6.2 Emerging protection under international water law	202
6.2.1 Protection through the obligation not to cause significant harm and the principle of equitable utilisation	203
6.2.2 Increasing attention in legal instruments	205
6.3 Enforcing satisfaction of vital human needs	210
6.3.1 Enforcement of the human right to water	210
6.3.2 Alternative enforcement avenues	214
6.3.3 International obligations under human rights law	215
6.4 Conclusion	219
7 Emerging international cooperation on global water challenges	221
7.1 Hydrologic effects of climate change	222
7.2 Appreciation of hydrologic variability in international water law	224
7.2.1 Flexibility in principle(s)	224
7.2.2 The role of treaties in facilitating flexibility to adjust for hydrologic variability	226
7.2.3 Norms and mechanisms facilitating adaptation	227
7.3 Appreciation of water (law) in climate change law	235
7.3.1 Lack of recognition?	235
7.3.2 The UNFCCC framework	236
7.3.3 Differentiation as a challenge to cooperation	245
7.4 Conclusion: Complementarity of systems and consideration of the hydrologic cycle as a whole	248
Conclusion	251
Annex: Consideration of cooperation in international water treaties	258
Bibliography	299
Index	321