Author: Mara Tignino
Publisher: Edward Elgar Publishing
ISBN: 1785360698
Category : Electronic books
Languages : en
Pages : 547
Get Book Here
Book Description
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.
Author: Duncan French
Publisher: Edward Elgar Publishing
ISBN: 1789902746
Category : Law
Languages : en
Pages : 416
Get Book Here
Book Description
This comprehensive Research Handbook is the first study to link law and Earth system science through the epistemic lens of the planetary boundaries framework. It critically examines the legal and governance aspects of the framework, considering not only each planetary boundary, but also a range of systemic issues, including the ability of law to keep us within the planetary boundaries’ safe operating space.
Author: Stephen C. McCaffrey
Publisher: Edward Elgar Publishing
ISBN: 1785368087
Category : Water
Languages : en
Pages : 580
Get Book Here
Book Description
The Research Handbook on International Water Law surveys the field of the law of shared freshwater resources. In some thirty chapters, it covers subjects ranging from the general principles operative in the field and international groundwater law to the human right to water and whether international water law is prepared to cope with climate disruption. The authors are internationally recognized experts in the field, most with years of experience. The Research Handbook is edited by three scholars and practitioners whose publications and work deal with the law of international watercourses.
Author: Joseph W. Dellapenna
Publisher: Edward Elgar Publishing
ISBN: 1783477008
Category : Law
Languages : en
Pages : 544
Get Book Here
Book Description
This volume of the Elgar Encyclopedia of Environmental Law provides thorough and detailed coverage of the changing meanings and roles of water law, from the local to the global. It examines the rules of ownership, rights of use, and dispute resolution that address access, allocation, and protection of water resources. Written by leading scholars and practitioners from across the globe, this authoritative volume will be a vital resource for all scholars and students of environmental law.
Author: Imad Antoine Ibrahim
Publisher: BRILL
ISBN: 9004507620
Category : Law
Languages : en
Pages : 181
Get Book Here
Book Description
Big data analytics is transforming the water sector at the national and international levels. Its potential impact on transboundary water resource governance is being assessed, in the context of selected basins in this book.
Author: Xu Qian
Publisher: Kluwer Law International B.V.
ISBN: 9403522054
Category : Law
Languages : en
Pages : 411
Get Book Here
Book Description
Water Services Disputes in International Arbitration Reconsidering the Nexus of Investment Protection, Environment, and Human Rights by Xu Qian The argument that universal access to water is a human right is based on the fact that life on Earth cannot exist without water. Yet the enormous cost of building and maintaining water service infrastructure, purifying, monitoring quality, and providing sanitation services is beyond the means of many of the States most in need. Foreign investment is thus mandated—hence the often acrimonious tension manifest in investor-State disputes over water rights. This book offers the first in-depth analysis of both international treaty norms and their interpretation by arbitral tribunals applicable to investment in water and sanitation services, complete with thoroughly researched recommendations for those arbitral practitioners in the eye of the storm. Like no previous study the book clearly reveals how to reconcile the economic and fundamental human interests arising from investment in water and sanitation services under the international investment regime. Among many vital issues, the author highlights the importance of the following: legitimacy of a State’s alleged regulatory objectives, the suitability of the measures undertaken to achieve the objective, and whether there are less restrictive means available; legal framework and stability of the State; applicable law, changes in law, and emergency circumstances; economic issues such as water pricing; profit-driven private companies’ reluctance to serve the poor; investment tribunals’ generation of a “regulatory and jurisprudential regime” on water and sanitation services; and determination of liability in relation to expropriation, fair and equitable treatment, and necessity. Arguing that the current investment treaty and arbitral case law framework can regulate water and sanitation services if certain interpretations are favored by adjudicators, the author offers viable, sustainable, and reasonable legal solutions. A detailed annex presents cases decided before a variety of arbitral tribunals, as well as relevant WTO and ICJ cases, and reviews critical literature in the field. The increasing number of cases involved with States’ regulatory measures shows that stakes around water services generate specific legal problems which are new in the world of international economic law. As an incisive investigation of what has been called the “incursion of investment tribunal decisions into the regulatory autonomy of host States,” this profound and innovative analysis provides a coherent and consistent method of review that provides greater certainty to both States and investors and deters abuse of power. It will be welcomed by policymakers and stakeholders interested in the implications of “globalization” of water services for the capacity to adapt to climate change and will suggest ways to enable States to better manage vital water services, even after privatization to foreign companies.
Author: Anoulak Kittikhoun
Publisher: Routledge
ISBN: 0429561245
Category : Nature
Languages : en
Pages : 291
Get Book Here
Book Description
Will tensions and disputes among states sharing international water courses and lakes turn into active conflicts? Addressing this question, the book shows that these concerns are more prominent due to the locations and underlying political dynamics of some of these large rivers and the strategic interests of major powers. Written by a combination of leading practitioners and academics, this book shows that states are more prone to cooperate and manage their transboundary issues over the use of their common water resources through peaceful means, and the key institutions they employ are international river basin organizations (RBOs). Far from being mere technical institutions, RBOs are key mechanisms of water diplomacy with capacity and effectiveness varying on four key interrelated factors: their legal and institutional development, and the influence of their technical and strategic resources. The basins analyzed span all continents, from both developed and developing basins, including the Columbia, Great Lakes, Colorado, Senegal, Niger, Nile, Congo, Jordan, Helmand, Aral Sea, Mekong, Danube and Rhine. Contributing to the academic discourse on transboundary water management and water conflict and cooperation, the book provides insights to policy-makers on which water diplomacy engagements can be successful, the strengths to build on and the pitfalls to avoid so that shared water resources are managed in a cooperative, sustainable and stable way.
Author: Gayathri D. Naik
Publisher: Taylor & Francis
ISBN: 1040091725
Category : Law
Languages : en
Pages : 241
Get Book Here
Book Description
This book examines the impact of water-related subsidies on social and distributive equity and environmental sustainability in groundwater access and regulation in India. This book argues that adopting a water justice framework is essential to ensure equitable and sustainable access to and regulation of groundwater by balancing anthropogenic and ecological water needs. The inherent inequity resulting from property rights-controlled groundwater access gets widened by the social, political, and economic factors determining the subsidy beneficiaries. Adopting a socio-legal approach, this book draws on two contrasting case studies in India: Kerala, a water-secure state, and Rajasthan, an arid state. Arguing for a shift to a new paradigm in water governance, it critically examines the feasibility of the public trust doctrine and rights of nature discourse to analyse the best suitable regulatory framework that can balance the human right to water and ecological sustainability in groundwater resources. It demonstrates the feasibility of adopting various environmental law principles that balance human rights to water and nature. It argues that the hitherto highlighted public trust doctrine cannot address these inequities due to its anthropogenic bias and property rights link. This book examines the applicability of the rights of nature discourse instead of these property rights-based regulations to incorporate and mainstream the concerns of aquifer protection in water governance. This book shall be of great interest to students, scholars, and practitioners of water law and policy, environmental law, water and social justice, development studies, and political ecology.
Author: Chukwuebuka Edum
Publisher: Taylor & Francis
ISBN: 1003834949
Category : Law
Languages : en
Pages : 174
Get Book Here
Book Description
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.
Author: Laurence Boisson de Chazournes
Publisher: Oxford University Press
ISBN: 019886342X
Category : Law
Languages : en
Pages : 369
Get Book Here
Book Description
This book provides a thorough assessment of the protection, management, and uses of fresh water under international law. It explores international, regional, and national regulatory frameworks, and looks at how diverse areas of law connect and adapt to one another to make up the international legal regime regulating fresh water.
