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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It is now beyond debate that the principle of 'equitable utilization' is the pre-eminent rule relating to the utilization of international watercourses.1 According to this rule, the determination of a reasonable and equitable regime for ...
It is now beyond debate that the principle of 'equitable utilization' is the pre-eminent rule relating to the utilization of international watercourses.1 According to this rule, the determination of a reasonable and equitable regime for ...
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9 International Watercourses for the International Law Commission, conducted a number of extensive and authoritative studies on the development of international law and practice in this area. Other authorities on the history and ...
9 International Watercourses for the International Law Commission, conducted a number of extensive and authoritative studies on the development of international law and practice in this area. Other authorities on the history and ...
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... Dordrecht, 1993); G. Handl, 'Balancing of Interests and International Liability for the Pollution of International Watercourses: Customary Principles of Law Revisited' (1975) Canadian Yearbook of International Law, 156; G. Handl, ...
... Dordrecht, 1993); G. Handl, 'Balancing of Interests and International Liability for the Pollution of International Watercourses: Customary Principles of Law Revisited' (1975) Canadian Yearbook of International Law, 156; G. Handl, ...
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... judicial and arbitral practice in taking account of the other factors relevant to the utilization of a watercourse. ... and role of the principle of equitable utilization and the inherent diversity of international watercourses, ...
... judicial and arbitral practice in taking account of the other factors relevant to the utilization of a watercourse. ... and role of the principle of equitable utilization and the inherent diversity of international watercourses, ...
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principle is the antithesis of the Harmon Doctrine and would effectively grant a right of veto upon a downstream or contiguous State, as its prior consent would be required for any change in the regime of the international watercourse.
principle is the antithesis of the Harmon Doctrine and would effectively grant a right of veto upon a downstream or contiguous State, as its prior consent would be required for any change in the regime of the international watercourse.
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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