Sharing Transboundary Resources: International Law and Optimal Resource UseWhy do states often fail to cooperate, using transboundary natural resources inefficiently and unsustainably? This book, first published in 2002, examines the contemporary international norms and policy recommendations that could provide incentives for states to cooperate. Its approach is multi-disciplinary, proposing transnational institutions for the management of transboundary resources. Benvenisti takes a fresh approach to the problem, considering mismanagement as the link between domestic and international processes. As well, he explores reasons why some collective efforts to develop the international law on transnational ecosystems have failed, while others succeeded. This inquiry suggests that adjudicators need to be assertive in progressively developing the law, while relying on scientific knowledge more than on past practice. Global water policy issues seem set to remain a cause for concern for the foreseeable future; this study provides a new approach to the problem of freshwater, and will interest international environmentalists and lawyers, and international relations scholars and practitioners. |
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Contents
The need for collective action in the management | 22 |
States as collective actors | 43 |
structural failures | 64 |
Transnational institutions for transboundary ecosystem | 101 |
The structure and procedure of institutions | 131 |
Common terms and phrases
actors adopted agreements allocation analysis approach authority basin benefits boundaries Cambridge chapter collective action Commission communities concerning constitutional context Convention cooperation costs courts customary decision decision-making demands discussion domestic economic ecosystem effective efficient efforts ensure environment Environmental equitable established example existing fact failures future global governments groups hence Human Rights important increase individual influence institutions Int'l interest interest groups International Law involved issues joint judicial less minority natural resources needs negotiations norms obligations opportunity Organization outcome participation parties policies political pollution possible potential practice principle procedures protection question reasonable reduce reflect regard regional regulation relations relative relevant Reports respect responsible result Review riparians risks River Robert rules shared standard suggests sustainable theory tion trade transboundary resources transnational treaty unilateral United University Press utilization Watercourses World
Bibliographic information
| Title | Sharing Transboundary Resources: International Law and Optimal Resource Use Volume 23 of Cambridge Studies in International and Comparative Law |
| Author | Eyal Benvenisti |
| Publisher | Cambridge University Press, 2002 |
| ISBN | 0521640989, 9780521640985 |
| Length | 276 pages |
| Export Citation | BiBTeX EndNote RefMan |