Environmental Protection of International Watercourses under International LawRoutledge, 2016 M05 13 - 448 pages McIntyre'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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... parties reserved their legal positions, 37 provided for the equitable apportionment of these waters. 38 At one point during the dispute, India asserted that 'both [countries] have full and exclusive jurisdiction over the management ...
... parties reserved their legal positions, 37 provided for the equitable apportionment of these waters. 38 At one point during the dispute, India asserted that 'both [countries] have full and exclusive jurisdiction over the management ...
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... parties to it. See further, McCaffrey, Supra, n. 29, at 128–9. The traditional riparian doctrine of national legal systems had much earlier begun to find its way into State treaties in Europe requiring the consent of the other parties ...
... parties to it. See further, McCaffrey, Supra, n. 29, at 128–9. The traditional riparian doctrine of national legal systems had much earlier begun to find its way into State treaties in Europe requiring the consent of the other parties ...
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... parties are entitled to make the natural use of the stream, but at the same time, following general principles of law, each is bound to abstain from any action which might cause damage to the other'.99 Similarly, in the negotiations ...
... parties are entitled to make the natural use of the stream, but at the same time, following general principles of law, each is bound to abstain from any action which might cause damage to the other'.99 Similarly, in the negotiations ...
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... parties could be resolved by an international tribunal.113 These principles included, inter alia, that '[N]either country could make diversions or obstructions which might cause injury in the other without the latter's consent' and that ...
... parties could be resolved by an international tribunal.113 These principles included, inter alia, that '[N]either country could make diversions or obstructions which might cause injury in the other without the latter's consent' and that ...
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... parties would appear to support particular formulations or interpretations of the doctrine of limited territorial sovereignty and the tribunal itself stated categorically that 'there is a rule prohibiting the upper riparian State from ...
... parties would appear to support particular formulations or interpretations of the doctrine of limited territorial sovereignty and the tribunal itself stated categorically that 'there is a rule prohibiting the upper riparian State from ...
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
1997 Convention 1997 UN Convention activities adopted Agreement allocation application Arbitration Berlin Rules Birnie and Boyle Bruhacs cause significant harm commentary to Article concerning concluded consideration Continental Shelf cooperate customary international law delimitation Draft Articles drainage basin due diligence duty economic ecosystem approach effects environmental impact assessment environmental protection equitable and reasonable equitable utilization established example freshwater resources Fuentes further Helsinki Rules ibid implementation infra inter alia intergenerational equity international drainage basin International Environmental Law International Law Commission International Rivers international watercourse Journal of International McCaffrey natural negotiations Non-Navigational normative notify parties Policy pollution practice precautionary principle principle of equitable principles of international procedural protection of international Protocol provides relation requires riparian role substantive Supra sustainable development Tanzi and Arcari Teclaff transboundary environmental transboundary harm Treaty United Nations UNTS utilization of international vital human needs Water Disputes Tribunal Yearbook of International