Fresh water in international law /
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| Author / Creator: | Boisson de Chazournes, Laurence, author. |
|---|---|
| Edition: | First edition. |
| Imprint: | Oxford, United Kingdom : Oxford University Press, 2013. ©2013. |
| Description: | xvii, 265 pages ; 24 cm |
| Language: | English |
| Subject: | |
| Format: | Print Book |
| URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/9797224 |
| Related Items: | Online version:
Fresh water in international law. |
Table of Contents:
- List of Abbreviations
- Selected Cases
- 1. Introduction: Fresh Water and its Features
- I. Water challenges: a contextual overview
- II. The finite character of water
- III. Water opportunities: a disciplinary inquiry
- 2. Regulation of Fresh Water Uses: Evolution, Scope, and Developments
- I. Introduction
- II. International watercourses and their uses
- A. International watercourses and boundary delimitation
- B. International watercourses and navigation
- C. International watercourses and fishing activities
- D. International watercourses and other uses
- E. Conflicts of uses and their resolution
- III. Codification and harmonization endeavours in the law applicable to international watercourses
- A. The UN Convention on the Law of the Non-navigational Uses of International Watercourses 1997
- B. The Helsinki Convention on the Protection and Use of Transboundary Watercourses and International Lakes 1992
- IV. Other sources of fresh water and their legal regime
- A. Transboundary aquifers
- B. Ice formations
- C. Atmospheric fresh water
- V. The regulation of international fresh water resources and its various dimensions
- A. The interplay between universal, regional, and basin-specific instruments
- B. The legal interactions between universal, regional, and basin-specific norms
- 3. Economization of the Law Applicable to Fresh Water
- I. Economic uses and the law applicable to international watercourses
- A. Navigation and its contours
- B. Infrastructure along watercourses
- II. Water, international trade, and investment law
- A. The progressive emergence of the economic facets of fresh water
- B. Fresh water and international trade
- C. Fresh water and international investment
- D. International transfers of water and international law
- E. Concluding remarks
- 4. Environmentalization of the Law Applicable to Fresh Water
- I. Introduction
- II. Linkages between fresh water and environmental protection
- A. Pollution and its impact on fresh water
- B. Biodiversity and fresh water
- C. Climate change and fresh water
- D. Large-scale changes in water resources
- E. Links between fresh water and marine environments
- III. Environmental protection and the law applicable to fresh water
- A. Practice prior to the Stockholm Conference on the Human Environment
- B. International agreements and instruments adopted after the Stockholm Conference on the Human Environment
- C. The role of institutions in fresh water instruments
- IV. The contribution of multilateral environmental agreements to the protection and management of fresh water
- A. Instruments having a universal scope
- B. Instruments having a regional scope
- C. The role of treaty bodies
- V. Coherence trends
- 5. Humanization of the Law Applicable to Fresh Water
- I. Introduction
- II. Human needs and the law applicable to international watercourses
- III. Emergence and recognition of a right to safe drinking water and sanitation
- A. Political and legal mobilization
- B. The effectiveness test
- IV. The contribution of human rights in the field of access to water and sanitation
- V. The right to water and health, environmental, and cultural protection
- A. The right to water and health
- B. The right to water and environmental and cultural protection
- VI. Human needs, public participation, and access to water and sanitation
- A. The emergence of public participation guarantees in international law
- B. Participation guarantees and economic and investment activities
- VII. Human needs, the right to water, and development assistance
- VIII. Water in times of an armed conflict
- IX. Individuals and access to remedies
- X. Concluding remarks
- 6. Institutionalization Trends in Fresh Water Governance
- I. Introduction
- II. Basin organizations and commissions
- A. The evolving profile of basin organizations and commissions
- B. Basin organizations and commissions as forums for dialogue and cooperation
- C. Basin organizations and commissions, dispute resolution, and the maintenance of international peace and security
- D. The contribution of basin organizations and commissions to the development and implementation of international law
- III. International organizations and institutions
- A. The United Nations system: environmental protection and fresh water
- B. The need for multi-stakeholder partnerships and institutional cooperation
- IV. The provision of technical and financial assistance
- A. The contours and functions of financial and technical assistance
- B. Non-State entities and technical and financial assistance
- C. The contribution of technical and financial assistance to respect for international law
- V. Conclusion
- 7. Dispute Settlement and Fresh Water: Trends, Means, and Practice
- I. Introduction
- II. The multiplicity of dispute settlement mechanisms in water-related disputes
- III. Inter-State dispute settlement mechanisms, with particular emphasis on judicial means
- A. Treaty practice and codification endeavours
- B. Resort to the PCIJ and ICJ
- C. Inter-State arbitration
- D. Trade dispute settlement mechanisms and other specialized procedures
- E. Intervention of a third party, negotiations, and negotiated settlement
- IV. Non-State actors and water disputes
- A. Investor-State dispute settlement mechanisms: the ICSID and the NAFTA experiences
- B. Human rights procedures and water-related disputes
- C. Recent trends in dispute settlement procedures
- D. The contribution of compliance mechanisms
- V. Dispute settlement and issues of interpretation and development in the law applicable to fresh water
- VI. Concluding remarks
- 8. Looking Ahead: Trends and Prospects
- Selected Bibliography
- Index
