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. |
From inside the book
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The Principle of Equitable Utilization 3.1 Development and Acceptance of the Principle of Equitable Utilization 3.2 Conceptual Basis of the Principle of Equitable Utilization 3.3 Equitable Utilization and Environmental Protection 3.4 ...
The Principle of Equitable Utilization 3.1 Development and Acceptance of the Principle of Equitable Utilization 3.2 Conceptual Basis of the Principle of Equitable Utilization 3.3 Equitable Utilization and Environmental Protection 3.4 ...
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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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Like the Harmon Doctrine, the principle is based upon sovereignty, but it would also appear to have a basis in the equality of States and so may be seen as being more compatible with the principle of sovereign equality as enshrined in ...
Like the Harmon Doctrine, the principle is based upon sovereignty, but it would also appear to have a basis in the equality of States and so may be seen as being more compatible with the principle of sovereign equality as enshrined in ...
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... during negotiation of the 1909 Boundary Waters Treaty112 with the US, Canada articulated a number of principles which it 'believed in general to be existing law' and on the basis of which all existing and future disputes between the ...
... during negotiation of the 1909 Boundary Waters Treaty112 with the US, Canada articulated a number of principles which it 'believed in general to be existing law' and on the basis of which all existing and future disputes between the ...
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following lines', including, inter alia, that '[R]iparians are entitled to share in the use and benefits of a system of international waters on a just and reasonable basis' and that '[I]n determining what is just and reasonable account ...
following lines', including, inter alia, that '[R]iparians are entitled to share in the use and benefits of a system of international waters on a just and reasonable basis' and that '[I]n determining what is just and reasonable account ...
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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