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Transboundary Freshwater Dispute Resolution
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Book Synopsis Transboundary Freshwater Dispute Resolution by : Heather L. Beach
Download or read book Transboundary Freshwater Dispute Resolution written by Heather L. Beach and published by . This book was released on 2000 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive review of the relevant literature on managing conflicts stemming from the quantity and quality problems of water around the world. So far, few comprehensive and interdisciplinary analyses of such international surface water conflicts have been produced. The literature surveyed indicates that while in many areas there has been extensive research and analysis, there continues to be a need for more studies on the specific situations that lead to conflicts over water and other environment resources. Lateral learning, an attempt to understand the similarities between all conflicts over natural resources, will lend itself to future applications in predicting and preventing these conflicts. A survey of internati9nal watersheds provides some bibliographical and general data collected from over 200 transboundary watersheds. A subset of case studies of the exhaustive list of international watersheds is examined in greater detain. A related effort is a compilation and analysis of relevant water treaties, and the rationale for their implementations.
Book Synopsis Transboundary Water Disputes by : Itzchak E. Kornfeld
Download or read book Transboundary Water Disputes written by Itzchak E. Kornfeld and published by Cambridge University Press. This book was released on 2019-02-21 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most challenging aspects of climate change has been the increased pressure on water resources limited by droughts and new rain patterns, which has been exacerbated by rapid modernization. Due to these realities, disputes across national borders over use and access to water have now become more commonplace. This study analyzes the history and adjudication of transboundary water disputes in five international courts and tribunals, two US Supreme Court cases, and boundary water disputes between the United States and Canada and the United States and Mexico. Explaining the circumstances and outcomes of these cases, Kornfeld asks how effective the courts and tribunals have been in adjudicating them. What kind of remedies have they fashioned and how have they dealt with polycentric and sovereignty issues? This timely work examines the doctrine of equitable allocation of transboundary water resources and how this norm can be incorporated into international law.
Book Synopsis Managing and Transforming Water Conflicts by : Jerome Delli Priscoli
Download or read book Managing and Transforming Water Conflicts written by Jerome Delli Priscoli and published by Cambridge University Press. This book was released on 2010-02-04 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the one thing that no one can do without? Water. Where water crosses boundaries – be they economic, legal, political or cultural – the stage is set for disputes between different users trying to safeguard access to a vital resource, while protecting the natural environment. Without strategies to anticipate, address, and mediate between competing users, intractable water conflicts are likely to become more frequent, more intense, and more disruptive around the world. In this book, Delli Priscoli and Wolf investigate the dynamics of water conflict and conflict resolution, from the local to the international. They explore the inexorable links between three facets of conflict management and transformation: Alternative Dispute Resolution (ADR), public participation, and institutional capacity. This practical guide will be invaluable to water management professionals, as well as to researchers and students in engineering, economics, geography, geology, and political science who are involved in any aspects of water management.
Book Synopsis Interstate Arbitration and the Peaceful Resolution of Transboundary Fresh Water Disputes by : Tamar Meshel
Download or read book Interstate Arbitration and the Peaceful Resolution of Transboundary Fresh Water Disputes written by Tamar Meshel and published by . This book was released on 2020 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: Predictions that interstate fresh water disputes will increase in the future have led to a vast body of research on tools and techniques to manage shared freshwater resources so as to prevent such disputes from arising, however relatively little attention has been paid to the need for effective ways to resolve such disputes peacefully if and when they do arise. History suggests that States usually attempt to resolve fresh water disputes by way of 'non-legal' processes such as negotiation or mediation. However, such mechanisms are not always effective or efficient and may lead to deadlock. Arbitration, on the other hand, can provide an effective yet flexible process for the resolution of such disputes, but it has been rarely employed or even considered in this context. This paper sets out to examine the potential for arbitration to be effectively employed by States in the resolution of fresh water disputes. It first describes the unique nature of these disputes, briefly examines the international law principles governing them as well as the main mechanisms used for their resolution, and evaluates their adequacy. It then suggests a new approach to interstate arbitration, intended to 'revive' it in the context of fresh water dispute resolution. This approach calls for a return to the original purpose and 'true nature' of arbitration, which rather than constituting a purely 'legal' mechanism similar to judicial settlement was intended to be a more flexible, just, and 'quasi-diplomatic' alternative to it. It also sets out to revamp the Optional Rules for Arbitration of Disputes Relating to Natural Resources and/or the Environment of the Permanent Court of Arbitration and adapt them to the specific context of fresh water disputes and the original quasi-diplomatic spirit of arbitration.
Book Synopsis Water as a Catalyst for Peace by : Ahmed Abukhater
Download or read book Water as a Catalyst for Peace written by Ahmed Abukhater and published by Routledge. This book was released on 2013-09-05 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining international water allocation policies in different parts of the world, this book suggests that they can be used as a platform to induce cooperation over larger political issues, ultimately settling conflicts. The main premise is that water can and should be used as a catalyst for peace and cooperation rather than conflict. Evidence is provided to support this claim through detailed case studies from the Middle East and the Lesotho Highlands in Africa. These international cases – including bilateral water treaties and their development and formation process and aftermath – are analyzed to draw conclusions about the outcomes as well as the processes by which these outcomes are achieved. It is demonstrated that the perception of a particular treaty as being equitable and fair is mainly shaped by the negotiation process used to reach certain outcomes, rather than being determined mechanistically by the quantitative allocation of water to each party. The processes and perceptions leading to international water conflict resolutions are emphasized as key issues in advancing cooperation and robust implementation of international water treaties. The key messages of the book are therefore relevant to the geo-political and hydro-political aspects of water resources in the context of bilateral and multilateral conflicts, and the trans-boundary management of water resources, which contributes insights to political ecology, geo-politics, and environmental policy.
Book Synopsis International Law and Transboundary Fresh Water Resources by : Tamar Meshel
Download or read book International Law and Transboundary Fresh Water Resources written by Tamar Meshel and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transboundary fresh water resources are rapidly depleting while human dependency on them continues to grow, suggesting that disputes between states over such resources are increasingly likely to arise. Whereas the dominant focus in the literature is on preventing transboundary fresh water disputes, this thesis addresses the complementary need for effective resolution of such disputes if and when they do arise. Scholarship and practice tend to belittle the utility of international law principles and dispute resolution mechanisms in this context. After identifying possible extra-legal reasons for the limited role of international law in the resolution of transboundary fresh water disputes, the thesis turns to the possible legal reasons. It examines, first, the applicable principles of international water law and, second, the available dispute resolution mechanisms. Findings from an original database of transboundary fresh water disputes that arose between 1920 and 2017 around the world lead to a conceptual reassessment of the roles that the principles of equitable and reasonable utilization and no significant harm are conventionally understood to play. The thesis proposes a reformulation of these two principles, together with the duty to cooperate, that might better guide states in the resolution of transboundary fresh water disputes. The thesis then canvasses the types of dispute resolution mechanisms available to states, and argues that restoring an earlier form of arbitration as a quasi-diplomatic process would increase the appeal and potential effectiveness of this mechanism, given the unique character of transboundary fresh water disputes. Finally, the ongoing Nile River dispute between Ethiopia and Egypt is used to illustrate the difference that the proposed reforms might make in the resolution of this, and other, transboundary fresh water disputes.
Book Synopsis Environment and Security by : Miriam R. Lowi
Download or read book Environment and Security written by Miriam R. Lowi and published by International Political Econom. This book was released on 2000-08-05 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The result of a conference addressing the relationship between the environment and security in the post-Cold War world, this book brings together scholars and practitioners from a variety of different disciplines and perspectives in an effort to both explore the complexities of the relationship between environmental variables and security conditions, and refocus the debate within the environmental community. The book combines analytical frameworks and case study material with proposals for addressing environmental challenges and enhancing the security and welfare of peoples, states, and regions.
Book Synopsis Bridges Over Water: Understanding Transboundary Water Conflict, Negotiation And Cooperation by : Ariel Dinar
Download or read book Bridges Over Water: Understanding Transboundary Water Conflict, Negotiation And Cooperation written by Ariel Dinar and published by World Scientific Publishing Company. This book was released on 2007-10-22 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: Latest Edition: Bridges Over Water: Understanding Transboundary Water Conflict, Negotiation and Cooperation (2nd Edition) Bridges over Water places the study of transboundary water conflicts, negotiation, and cooperation in the context of various disciplines (such as international relations, international law, international negotiations, and economics), analyzing them using various quantitative approaches, such as river basin modeling and game theory. Case studies of particular transboundary river basins, lakes and aquifers are also considered. This is the first textbook for a relatively recent yet rapidly expanding field of study. Errata(s) Errata
Book Synopsis Complexity of Transboundary Water Conflicts by : Enamul Choudhury
Download or read book Complexity of Transboundary Water Conflicts written by Enamul Choudhury and published by Anthem Press. This book was released on 2018-12-07 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: ‘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.
Download or read book Bridges Over Water written by Ariel Dinar and published by World Scientific. This book was released on 2007 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: #NAME?
Author :Permanent Court of Arbitration. International Bureau Publisher :Kluwer Law International B.V. ISBN 13 :9041120297 Total Pages :458 pages Book Rating :4.0/5 (411 download)
Book Synopsis Resolution of International Water Disputes by : Permanent Court of Arbitration. International Bureau
Download or read book Resolution of International Water Disputes written by Permanent Court of Arbitration. International Bureau and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fifth volume in the Permanent Court of Arbitration/Peace Palace Papers series reproduces the work of the 6th International Law Seminar held at the Peace Palace on November 8, 2002. The Seminar's distinguished panelists and participants focused on the settlement of international disputes over that most essential of natural resources water. They explored a range of questions: Which settlement mechanisms are most promising in the field of transboundary freshwater disputes? Is adjudication a suitable method of apportioning water rights which are vital not only to human life, but to the agriculture and industry of every nation on the planet? Given the need for "win-win" solutions to most water disputes, are negotiation and regional cooperation the only realistic and viable methods for settling them? What is the potential role of conciliation, mediation, good offices and other ad hoc mechanisms? This volume also contains the 1997 United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses, a multilateral framework treaty dealing with transboundary freshwater, which provides a variety of tools (such as the submission of disputes to fact-finding commissions) for the peaceful resolution of water disputes.
Book Synopsis Use of Experts in International Freshwater Disputes by : Makane Moise Mbengue
Download or read book Use of Experts in International Freshwater Disputes written by Makane Moise Mbengue and published by BRILL. This book was released on 2019-10-29 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Use of Experts in International Freshwater Disputes Mbengue and Das offer a critical assessment of the involvement of experts in resolving international water disputes. Through case studies, they identify the lacunae as well as good practices in expert use in disputes of this nature.
Book Synopsis International Law and Freshwater by : Laurence Boisson de Chazournes
Download or read book International Law and Freshwater written by Laurence Boisson de Chazournes and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔFreshwater is an essential resource. This book offers a comprehensive international look at diverse issues arising from water use for human consumption, agriculture, energy, industry, waste disposal and ecosystem conservation. The contributions, written primarily but not exclusively by legal experts, are highly informed and insightful. In addition to more traditional topics, they address the WTO and natural resources, EthiopiaÕs large-scale commercial farms, and aquifer management in the Geneva region and Latin America. An important read for scholars, policy-makers, and concerned citizens.Õ à Edith Brown Weiss, Georgetown University, US ÔThis excellent book covers the important legal and political perspectives on the worldÕs freshwater resources. The chapters, written by distinguished experts from academia and practice, systematically address issues of economics, environment, sovereignty over resources, energy, conflict resolution, and in addition offer some in depth case studies. A wonderful book and compulsory reading for who needs to have the full picture of the complex international dynamics of freshwater in our time.Õ à Catherine Bršlmann, University of Amsterdam, The Netherlands ÔThis volume provides a masterful investigation of the multiple points of interaction between freshwater and international law, and compelling and insightful analyses of such interactions bearing out and substantiating the thrust of the volume à mapping out the Òmultiple challengesÓ facing international law in its water governance role at different, relevant scales à global, regional and sub-regional. The volumeÕs focus on these Òmultiple challengesÓ is particularly welcome at a time when the planetÕs freshwater endowment is coming under increasing pressure from a multiplicity of factors, forcing policymakers, lawmakers, government negotiators and private-sector players on the water scene to challenge well-established behavioural and regulatory patterns, domestically and in relation to transboundary inter-State relations. In its stimulating multifarious approach, the volume offers fresh and insightful perspectives of some tested facets of the water governance role of international law, dealing with rivers, lakes and groundwater aquifers shared by a multiplicity of States. Some novel facets like, notably, the human right to water, trans-national trade in land and water resources, the rights of local communities, and State succession to water treaties, are also canvassed masterfully, adding to the value of the volume not only to international water law specialists, but also to the vast and growing population of water professionals in general. In sum, the volume is a must for all those who know and practise international and domestic water law, who influence the international water governance debate at the global, regional, and sub-regional scales, and who, in general, interact with water resources in the transboundary but also in the domestic setting of their respective countries.Õ à Stefano Burchi, Chairman of the International Association for Water Law à AIDA ÔEssential as it is to human life, over one billion people currently lack access to safe drinking water and by 2025 this group could grow to three billion. Nowhere is this situation more critical than in the over 260 international drainage basins shared by two or more states where more than half of the worldÕs population will reside by the year 2050. International Law and Freshwater is an outstanding piece of legal and policy scholarship that poignantly, thoughtfully and effectively addresses the who, what, where, when and how of international waters governance and international law.Õ à Richard Kyle Paisley, University of British Columbia, Canada The issues surrounding water embody some of the greatest challenges of the 21st century. The editors of this timely book have brought together the leading authors in the field to explore the key questions involving international law and water governance. International Law and Freshwater connects recent legal developments through the breadth and synergies of a multidisciplinary analysis. It addresses such critical issues as water security, the right to water, international cooperation and dispute resolution, State succession to transboundary watercourse treaties, and facets of international economic law, including trade in Ôvirtual waterÕ and the impacts of Ôland grabsÕ. Containing detailed analysis and thought-provoking solutions, this book will appeal to researchers and academics working in the legal field, as well as international relations and natural sciences. Water practitioners, public officials, diplomats and students will also find much to interest them in this insightful study.
Book Synopsis Conflict and Cooperation on Trans-Boundary Water Resources by : Richard E. Just
Download or read book Conflict and Cooperation on Trans-Boundary Water Resources written by Richard E. Just and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book demonstrates what the discipline of economics has to offer as support for analyzing cooperation on management of trans-boundary water resources. It also considers what the discipline of economics has to acquire to become a more effective contributor to trans-boundary water resource management given political, legal, social, physical, scientific, and ecological realities. This book has its genesis in a symposium of the International Water and Resource Economics Consortium held at Annapolis, Maryland, April 13-16, 1997. The symposium was organized by the editors and the book contains papers presented at the symposium with subsequent revisions. The symposium brought together both economists and agency management personnel for the purpose of discussing not only how economic tools apply to trans-boundary water management, but also of identifying the obstacles to making such tools useful and informative to politicians and negotiators in public decision making roles. INTERNATIONAL VERSUS DOMESTIC TRANS-BOUNDARY PROBLEMS Trans-boundary water problems arise in many dimensions. The two most important types of problems emphasized in this book are international and domestic interstate or interregional problems. Cooperation on international problems is especially difficult because enforcement must be voluntary given the sovereignty of nations and the absence of an effective legal enforcement mechanism. Agreements must be sustainable and self-enforced if they are to have lasting benefits. Every negotiating country must be convinced it will receive benefits before it gives its consent to cooperation. In the absence of enforceable agreements, trans-boundary (i. e.
Book Synopsis The Evolution of Interstate Arbitration and the Peaceful Resolution of Transboundary Freshwater Disputes by : Tamar Meshel
Download or read book The Evolution of Interstate Arbitration and the Peaceful Resolution of Transboundary Freshwater Disputes written by Tamar Meshel and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is no single natural resource on which the world depends more than freshwater. Unfortunately, climate change, depletion of resources, population growth, unequal distribution, and inefficient use all mean that freshwater is rapidly becoming a scarce resource, aptly named the “Blue Gold.” Further fueling the competition over freshwater is the fact that many of the freshwater resources available for human consumption are not contained within national borders, but are rather unevenly distributed among two or more states. As states strive to take advantage of shared freshwater passing through their territory, they often disregard or harm the interests of other states and disputes may arise as a result. Moreover, even though the core principles of international water law, designed to prevent and resolve such disputes, are commonly viewed as forming part of customary international law, their interpretation remains controversial and the main multilateral treaty codifying them has failed to gain wide acceptance. Therefore, transboundary freshwater disputes (TFDs) may not be readily solved by juridical decisions and states might be reluctant to submit these for legal resolution by an international court. Rather, they most attempt to resolve these by way of bilateral negotiation or non-binding third-party mechanisms such as mediation, conciliation, and good offices. However, such mechanisms are not always effective in resolving TFDs, while arbitration presents an effective and flexible alternative for such resolution. This article therefore sets out to examine the potential of arbitration to be effectively employed by states in the resolution of TFDs.
Book Synopsis Transboundary Water Governance and International Actors in South Asia by : Paula Hanasz
Download or read book Transboundary Water Governance and International Actors in South Asia written by Paula Hanasz and published by Routledge. This book was released on 2017-10-12 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: International organisations such as the World Bank began to intervene in the transboundary water governance of the Ganges-Brahmaputra-Meghna river basin in the mid-2000s, and the South Asia Water Initiative (SAWI) is its most ambitious project in this regard. Yet neither SAWI nor other international initiatives, such as those of the Australian and UK governments, have been able to significantly improve transboundary water interaction between India, Nepal, Bhutan and Bangladesh. This book identifies factors that contribute to water conflicts and that detract from water cooperation in this region. It sheds light on how international organisations affect these transboundary water interactions. The book discusses how donor-led initiatives can better engage with transboundary hydropolitics to increase cooperation and decrease conflict over shared freshwater resources. It is shown that there are several challenges: addressing transboundary water issues is not a top priority for the riparian states; there is concern about India’s hydro-hegemony and China's influence; and international actors in general do not have substantial support of the local elites. However, the book suggests some ways forward for improving transboundary water interaction. These include: addressing the political context and historical grievances; building trust and reducing power asymmetry between riparian states; creating political will for cooperation; de-securitising water; taking a problemshed view; strengthening water sharing institutions; and moving beyond narratives of water scarcity and supply-side solutions.
Book Synopsis Transboundary Water Resources Management by : Jacques Ganoulis
Download or read book Transboundary Water Resources Management written by Jacques Ganoulis and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a world facing a growing water crisis, conflicts regarding water sharing and environmental issues are expected to grow, especially in transboundary river basins, where 40% of the world's population lives. This book represents one of the first attempts to bring together methodologies and analytical tools from socio-economic, international policy, engineering, and water management specialists dealing with transboundary water resources. The book is divided into three parts. Part I introduces state--of-the-art concepts in institutional policy and conflict analysis. Part II presents engineering approaches and models for transboundary water management and conflict resolution. Part III analyzes cases in international river basins and enclosed seas.
