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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... though the 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 ...
... though the 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 ...
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... this idea was rejected by the parties as being incompatible with the principle of State sovereignty, and Article 1 of the Convention, which never entered into force, eventually provided that: The present Convention in no way affects ...
... this idea was rejected by the parties as being incompatible with the principle of State sovereignty, and Article 1 of the Convention, which never entered into force, eventually provided that: The present Convention in no way affects ...
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... that 'both 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, ...
... that 'both 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, ...
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... 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 parties could be resolved by an international tribunal.113 These ...
... 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 parties could be resolved by an international tribunal.113 These ...
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... law of international tribunals, with McCaffrey observing that 'no known international decision supports a contrary rule'.117 In the Lac Lanoux Arbitration, the pleadings of the parties would appear to support particular formulations ...
... law of international tribunals, with McCaffrey observing that 'no known international decision supports a contrary rule'.117 In the Lac Lanoux Arbitration, the pleadings of the parties would appear to support particular 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 | |
Factors Relating to the Equitable Utilization | |
Environmental Protection of International | |
Environmental Protection of International | |
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Common terms and phrases
1997 Convention 1997 UN Convention Agreement application Arbitration Berlin Rules Birnie and Boyle Bruhacs cause significant harm Colorado Journal commentary to Article concept concerning concluded Continental Shelf cooperation customary international law delimitation Draft Articles Droit International due diligence duty economic effects Environment environmental impact assessment environmental protection equitable and reasonable equitable utilization established example freshwater resources further Helsinki Helsinki Rules Ibid implementation infra intergenerational equity international drainage basin International Environmental Law International Law Commission International Rivers International Water international watercourse Journal of International Law and Policy Law of International McCaffrey Natural Resources Journal negotiations Nollkaemper Non-Navigational normative notify parties pollution practice precautionary principle principle of equitable principles of international procedural protection of international Protocol provides regime relation requires riparian role substantive supra sustainable development Tanzi and Arcari Teclaff territory transboundary environmental transboundary harm Treaty United Nations UNTS Yearbook of International