The law of international watercourses : non-navigational uses
著者
書誌事項
The law of international watercourses : non-navigational uses
(Oxford monographs in international law)
Oxford University Press, 2001
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注記
Includes bibliographical references (p. [475]-504) and index
内容説明・目次
内容説明
The Law of International Watercourses examines the rules of international law governing the non-navigational uses of international watercourses. The continued growth of the world's population places increasing demands on Earth's finite supply of fresh water. Because two or more states share many of the world's most important drainage basins - including The Danube, The Ganges, The Indus, The Jordan, The Mekong, The Nile, The Rhine, and The Tigris-Euphrates competition for increasingly scarce fresh water resources is likely to increase. Resulting disputes will be resolved against the backdrop of the rules of international law governing the use of international watercourses. In addition, these rules are of importance to donor institutions and governments that provide development assistance for projects relating to shared fresh water resources. While the law of international watercourses continues to evolve due to the intensification of use of shared fresh water resources and, consequently, increasingly frequent contacts between riparian states, The basic rules 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. In particular, the book studies 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.
目次
- I. INTRODUCTION
- 1. Human Use of Water and the Coming Era of Water Scarcity
- 2. The Concept of the International Watercourse System
- II. THEORETICAL BASES OF THE LAW OF INTERNATIONAL WATERCOURSES
- 3. Theoretical Bases of International Watercourse Law: Introductory Considerations
- 4. International Watercourses as Exclusively National Resources: The 'Harmon Doctrine' in United States Practice
- 5. The Theoretical Basis of International Watercourse Law: An Examination of the Four Principal Theories
- III. THE MAJOR CASES AND CONTROVERSIES: A SURVEY OF STATE PRACTICE
- 6. The Major Cases
- 7. Selected Case Studies
- IV. FUNDAMENTAL RIGHTS AND OBLIGATIONS
- 8. Introduction: The 1997 United Nations Convention
- A. SUBSTANTIVE OBLIGATIONS
- 9. The Obligation to Utilize an International Watercourse in an Equitable and Reasonable Manner
- 10. The Obligation to Prevent Harm to Other Riparian States
- 11. The Obligation to Protect International Watercourses and their Ecosystems
- B. PROCEDURAL OBLIGATIONS
- 12. Procedural Obligations
- C. GROUNDWATER
- 13. The Special Case of Groundwater
- D. DISPUTE AVOIDANCE AND SETTLEMENT
- 14. Dispute Avoidance and Settlement: Selected Aspects
- ANNEXES
- BIBLIOGRAPHY
- Index
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