Environmental Protection of International Watercourses under International LawMcIntyre's work explains the legal means by which requirements of environmental protection influence the determination of a reasonable and equitable regime for allocating rights to riparian states to utilize shared freshwater resources. The work examines the means and processes by which environmental considerations can act upon the operation of the principle of equitable utilization. The volume provides a comprehensive analysis of the subject, outlining the development, scope and operation in general and customary international law of key rules of environmental protection. |
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... States opted to retain their traditional preference for the narrower concept of an international watercourse rather than the more geo-physically holistic, and legally more far-reaching, concept of an international drainage basin, ...
... States opted to retain their traditional preference for the narrower concept of an international watercourse rather than the more geo-physically holistic, and legally more far-reaching, concept of an international drainage basin, ...
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Indeed, the general obligation to prevent harm is well established in customary international law and brings with it a high degree of normative substance and sophistication, including, for example, the concept of due diligence and ...
Indeed, the general obligation to prevent harm is well established in customary international law and brings with it a high degree of normative substance and sophistication, including, for example, the concept of due diligence and ...
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As equitable utilization requires, by definition, the allocation of State rights in the use of an international watercourse on the basis of the somewhat nebulous concept of equity, it is useful to investigate the general role of equity ...
As equitable utilization requires, by definition, the allocation of State rights in the use of an international watercourse on the basis of the somewhat nebulous concept of equity, it is useful to investigate the general role of equity ...
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Certain normative concepts and devices, however, stand out in this regard, including the notion of sustainable development, the mechanism of environmental impact assessment and the use of joint technical commissions in the common ...
Certain normative concepts and devices, however, stand out in this regard, including the notion of sustainable development, the mechanism of environmental impact assessment and the use of joint technical commissions in the common ...
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... reconcile a particular position in relation to State utilization of international watercourses with the concept of territorial sovereignty as recognized and protected under general international law.24 22 For various formulations, ...
... reconcile a particular position in relation to State utilization of international watercourses with the concept of territorial sovereignty as recognized and protected under general international law.24 22 For various formulations, ...
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Contents
The Principle of Equitable Utilization | |
The Rule on Prevention of Significant Harm | |
Equity and the Utilization of Shared Natural Resources | |
Factors Relating to the Equitable Utilization of International Watercourses | |
Substantive | |
Rules of Customary and General International | |
Environmental Protection as a Factor in Determining | |
Bibliography | |
Index | |
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Common terms and phrases
According activities adopted Agreement appear application approach appropriate balancing basin basis cause commentary Commission common concept concerning concluded Conference consideration considered consult contained Convention cooperate Court customary international damage decision determining Draft Articles drainage duty economic ecosystem effects emerging ensure environment environmental protection equitable utilization established example existing factors freshwater further harm Helsinki human ibid implementation interests International Environmental Law International Law International Law Commission international watercourse joint Journal limited McCaffrey means measures natural needs negotiations Non-Navigational normative notes obligation particular parties planned points Policy pollution potential practice precautionary principle prevent principle of equitable procedural provides reasonable reference regard regime relation relevant Report requires responsibility result riparian River role rules shared significant significant harm specific standards substantive suggests Supra sustainable development taken territory transboundary Treaty Tribunal United Nations water resources Yearbook