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.
Rezensionen / Stimmen
McCaffrey's book provides a thorough analysis of the current law on non-navigational use of international watercourses. It discusses all those issues that have to be addressed in the further elaboration of international water law. The sound scholarly research provides valuable information for the reader. Austrian Review of International and European Law McCaffrey's book is a jewel. Its approach is exactly necessary and its learning is highly distinguished. May it influence many and lead to the avoidance of much harm! International Journal of Environmental Studies This is the kind of book which can be consulted by decision-makers, including judges, and form part of legal decisions and indeed can influence policy-making. International Journal of Environmental Studies Professor McCaffrey's study provides an accurate, comprehensive, and readable account of the law's present state, its theoretical underpinnings, and its practical impacts. As such, The Law of International Watercourses may even become the standard reference for scholarly work on the issue. European Journal of International Law ... impressive. Not only does the book cover virtually all of the most influential treaty regimes in the field, it also provides for a thorough legal analysis of the major cases. It is therefore an invaluable resource for researchers and scholars. European Journal of International Law McCaffrey's book is 'comprehensive, scholarly and readable'. I recommend it not only to scholars but also to practitioners in national water authorities and agencies, and in international consultancies, water companies, and law firms, who will find it an authoritative guide when putting theory into practice. The Journal of the Chartered Institution of Water and Environmental Management A very valuable source of knowledge relating to the contemporary law of international watercourses. It is very sound from the scholarly point of view, but at the same time, the author exhibits a realistic approach to the difficult problem of the management of shared freshwater sources. Well structured and very accessible in [its] presentation of issues. International and Comparative Law Quarterly
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Höhe: 234 mm
Breite: 156 mm
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ISBN-13
978-0-19-825787-5 (9780198257875)
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Schweitzer Klassifikation
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
