The Role Of Law In Transboundary River Basin Disputes

"This book examines the role legal rules play in the resolution of disputes in transboundary river basins. When states fail to resolve disputes over shared water resources, many cast such failures on inadequate or ineffective legal rules. With this view in mind, this book examines the role that legal rules do, and can, play in aiding the peaceful settlement of disputes and furthering cooperation between different parties. Building on the interactional theory of law, the book formulates three analytical frameworks: the effect of norm-generating processes, the effects of water-related agreements and/or arrangements in the basins, and the effect of international water. It uses these frameworks to assess the role of law in the processes of cooperation and peaceful settlement of disputes on transboundary river basin by drawing on four illustrative case studies: the Jordan River Basin, the Nile River Basin, the Mekong River Basin and the Indus River Basin. In doing so, the book presents a unique perspective on the multi-functional role of legal rules in those processes. Tapping into the global discussion on water security and water-related conflicts, this book stimulates readers to explore broader or interdisciplinary perspectives for understanding water-related issues. This book will be of great interest to students and scholars interested in water resource management, water law, environmental politics, conflict resolution and sustainable development more generally"--

This book examines the role legal rules play in the resolution of disputes in transboundary river basins. When states fail to resolve disputes over shared water resources, many cast such failures on inadequate or ineffective legal rules. With this view in mind, this book examines the role that legal rules do, and can, play in aiding the peaceful settlement of disputes and furthering cooperation between different parties. Building on the interactional theory of law, this book formulates three analytical frameworks: the effect of norm-generating processes, the effects of water-related agreements and/or arrangements in the basins, and the effect of international water. It uses these frameworks to assess the role of law in the processes of cooperation and peaceful settlement of disputes on transboundary river basin by drawing on four illustrative case studies: the Jordan River Basin, the Nile River Basin, the Mekong River Basin, and the Indus River Basin. In doing so, this book presents a unique perspective on the multi-functional role of legal rules in those processes. Tapping into the global discussion on water security and water-related conflicts, this book stimulates readers to explore broader or interdisciplinary perspectives for understanding water-related issues. This book will be of great interest to students and scholars interested in water resource management, water law, environmental politics, conflict resolution, and sustainable development more generally.

‘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.

The management of water resources across boundaries, whether sub-national or international, is one of the most difficult challenges facing water managers today. The upstream exploitation or diversion of groundwater or rivers can have devastating consequences for those living downstream, and transboundary rivers can provide a source of conflict between nations or states, particularly where water resources are scarce. Similarly, water based-pollution can spread across borders and create disputes and a need for sound governance.This book is the first to bring together in a concise and accessible way all of the main topics to be considered when managing transboundary waters. It will raise the awareness of practitioners of the various issues needed to be taken into account when making water management decisions and provide a practically-based overview for advanced students. The authors show clearly how vital it is to cooperate effectively over the management of shared waters to unlock their contribution to regional sustainable development. The book is largely based on a long-running and tested international training programme, run by the Stockholm International Water Institute and Ramboll Natura, and supported by the Swedish International Development Co-operation Agency (Sida), where the respective authors have presented modules on the programmes. It addresses issues not only of conflict, but also of managing power asymmetries, benefit-sharing, stakeholder participation, international water law, environmental water requirements and regional development. It will be particularly useful for those with a background in hydrology or engineering who wish to broaden their management skills.

In Inter-state Water Law in the United States of America: What Lessons for International Water Law?, Rhett Larson offers lessons for international water law based on the successes and failures of inter-state water apportionment in the United State of America.

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. It demonstrates their application, using various quantitative approaches, such as river basin modeling, quantitative negotiation theory, and game theory. Case-studies of particular transboundary river basins, lakes, and aquifers are also considered.This second edition updates the literature on international water and in-depth analyses on political developments and cooperation between riparian states. With an appended chapter on principles and practices of negotiation, and a new case study on the La Plata Basin, this edition is a timely update to the field of transboundary water studies.

A thorough analysis of how effectively international courts and tribunals adjudicate transboundary water disputes, using detailed case studies.

International Trade in Water Rights provides a new approach to the questions raised by international water transfer projects: To whom does water belong? More precisely, what rules should govern international water transfers from transboundary watercourses? These issues are usually studied through the lenses of international trade law. International Trade in Water Rights offers a new approach by highlighting the fundamental issue of domestic and international water property regime and introducing the difference between trade in water and trade in water rights. International Trade in Water Rights analyses the conditions under which market-based instruments could participate in the resolution of water disputes over international watercourses and recommendations are made based on the study of two cases of inter-state water trading in the Colorado River Basin and in the Murray Darling Basin. It is argued that the recognition of water as an economic good in domestic water reform will increasingly impact the management of international watercourses. The book is of key interest to water professionals, economists, lawyers, and political scientists dealing with transboundary disputes over water.

At the UN General Assembly in 1997, an overwhelming majority of States voted for the adoption of the United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses – a global overarching framework governing the rights and duties of States sharing freshwater systems. Globally, there are 263 internationally shared watersheds, which drain the territories of 145 countries and represent more than forty percent of the Earth's land surface. Hence, inter-State cooperation towards the sustainable management of transboundary water supplies, in accordance with applicable international legal instruments, is a topic of crucial importance, especially in the context of the current global water crisis. This volume provides an assessment of the role and relevance of the UN Watercourses Convention and describes and evaluates its entry into force as a key component of transboundary water governance. To date, the Convention still requires further contracting States before it can enter into force. The authors describe the drafting and negotiation of the Convention and its relationship to other multilateral environmental agreements. A series of case studies assess the role of the Convention at various levels: regional (European Union, East Africa, West Africa, Central Asia, Central America and South America), river basin (e.g. the Mekong and Congo) and national (e.g. Ethiopia and Mexico). The book concludes by proposing how future implementation might further strengthen international cooperation in the management of water resources, to promote biodiversity conservation as well as sustainable and equitable use.

Recent decades have seen pivotal changes in the management and protection of water resources, with human rights, environmental and water law each developing a strong interest in the conservation of fresh water. This surge in interest has meant that dispute settlement mechanisms, along with diplomatic tools, are becoming increasingly necessary for conflict resolution. This Handbook offers an analysis of the interaction between law and various forms of knowledge and expertise, ranging from economics to environmental and social sciences. Leading scholars examine general and specific water legal regimes and analyse the interplay between various disciplines in order to establish the extent to which law is informed by each.