Fresh water in international law / Laurence Boisson de Chazournes.
2013
K3496 .B65 2013 (Map It)
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Details
Title
Fresh water in international law / Laurence Boisson de Chazournes.
Published
Oxford, United Kingdom : Oxford University Press, 2013.
Call Number
K3496 .B65 2013
Edition
First edition.
ISBN
9780199565085 (hbk.)
0199565082 (hbk.)
0199565082 (hbk.)
Description
xvii, 265 pages ; 24 cm
System Control No.
(OCoLC)813005097
Bibliography, etc. Note
Includes bibliographical references (pages 255-257) and index.
Record Appears in
Table of Contents
List of Abbreviations
xi
Selected Cases
xv
1.
Introduction: Fresh Water and its Features
1
I.
Water challenges: a contextual overview
1
II.
The finite character of water
3
III.
Water opportunities: a disciplinary inquiry
5
2.
Regulation of Fresh Water Uses: Evolution, Scope, and Developments
7
I.
Introduction
7
II.
International watercourses and their uses
8
A.
International watercourses and boundary delimitation
8
B.
International watercourses and navigation
13
C.
International watercourses and fishing activities
16
D.
International watercourses and other uses
20
E.
Conflicts of uses and their resolution
22
III.
Codification and harmonization endeavours in the law applicable to international watercourses
25
A.
The UN Convention on the Law of the Non-navigational Uses of International Watercourses 1997
26
B.
The Helsinki Convention on the Protection and Use of Transboundary Watercourses and International Lakes 1992
33
IV.
Other sources of fresh water and their legal regime
36
A.
Transboundary aquifers
37
B.
Ice formations
39
C.
Atmospheric fresh water
46
V.
The regulation of international fresh water resources and its various dimensions
48
A.
The interplay between universal, regional, and basin-specific instruments
48
B.
The legal interactions between universal, regional, and basin-specific norms
51
3.
Economization of the Law Applicable to Fresh Water
54
I.
Economic uses and the law applicable to international watercourses
54
A.
Navigation and its contours
54
B.
Infrastructure along watercourses
65
II.
Water, international trade, and investment law
78
A.
The progressive emergence of the economic facets of fresh water
79
B.
Fresh water and international trade
83
C.
Fresh water and international investment
96
D.
International transfers of water and international law
104
E.
Concluding remarks
107
4.
Environmentalization of the Law Applicable to Fresh Water
109
I.
Introduction
109
II.
Linkages between fresh water and environmental protection
109
A.
Pollution and its impact on fresh water
109
B.
Biodiversity and fresh water
111
C.
Climate change and fresh water
112
D.
Large-scale changes in water resources
114
E.
Links between fresh water and marine environments
116
III.
Environmental protection and the law applicable to fresh water
117
A.
Practice prior to the Stockholm Conference on the Human Environment
118
B.
International agreements and instruments adopted after the Stockholm Conference on the Human Environment
119
C.
The role of institutions in fresh water instruments
129
IV.
The contribution of multilateral environmental agreements to the protection and management of fresh water
131
A.
Instruments having a universal scope
132
B.
Instruments having a regional scope
139
C.
The role of treaty bodies
143
V.
Coherence trends
143
5.
Humanization of the Law Applicable to Fresh Water
147
I.
Introduction
147
II.
Human needs and the law applicable to international watercourses
147
III.
Emergence and recognition of a right to safe drinking water and sanitation
149
A.
Political and legal mobilization
149
B.
The effectiveness test
153
IV.
The contribution of human rights in the field of access to water and sanitation
155
V.
The right to water and health, environmental, and cultural protection
158
A.
The right to water and health
158
B.
The right to water and environmental and cultural protection
160
VI.
Human needs, public participation, and access to water and sanitation
161
A.
The emergence of public participation guarantees in international law
162
B.
Participation guarantees and economic and investment activities
164
VII.
Human needs, the right to water, and development assistance
167
VIII.
Water in times of an armed conflict
169
IX.
Individuals and access to remedies
173
X.
Concluding remarks
175
6.
Institutionalization Trends in Fresh Water Governance
176
I.
Introduction
176
II.
Basin organizations and commissions
176
A.
The evolving profile of basin organizations and commissions
177
B.
Basin organizations and commissions as forums for dialogue and cooperation
178
C.
Basin organizations and commissions, dispute resolution, and the maintenance of international peace and security
181
D.
The contribution of basin organizations and commissions to the development and implementation of international law
184
III.
International organizations and institutions
185
A.
The United Nations system: environmental protection and fresh water
185
B.
The need for multi-stakeholder partnerships and institutional cooperation
189
IV.
The provision of technical and financial assistance
190
A.
The contours and functions of financial and technical assistance
191
B.
Non-State entities and technical and financial assistance
193
C.
The contribution of technical and financial assistance to respect for international law
195
V.
Conclusion
196
7.
Dispute Settlement and Fresh Water: Trends, Means, and Practice
197
I.
Introduction
197
II.
The multiplicity of dispute settlement mechanisms in water-related disputes
198
III.
Inter-State dispute settlement mechanisms, with particular emphasis on judicial means
200
A.
Treaty practice and codification endeavours
200
B.
Resort to the PCIJ and ICJ
204
C.
Inter-State arbitration
209
D.
Trade dispute settlement mechanisms and other specialized procedures
212
E.
Intervention of a third party, negotiations, and negotiated settlement
216
IV.
Non-State actors and water disputes
218
A.
Investor-State dispute settlement mechanisms: the ICSID and the NAFTA experiences
218
B.
Human rights procedures and water-related disputes
226
C.
Recent trends in dispute settlement procedures
233
D.
The contribution of compliance mechanisms
239
V.
Dispute settlement and issues of interpretation and development in the law applicable to fresh water
243
VI.
Concluding remarks
247
8.
Looking Ahead: Trends and Prospects
250
Selected Bibliography
255
Index
259