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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Page 12
... Birnie and A. E. Boyle, International been categorized as including three key theories.23 Each of these Environmental Protection of International Watercourses under International Law 12 2.2 Legal Uncertainty.
... Birnie and A. E. Boyle, International been categorized as including three key theories.23 Each of these Environmental Protection of International Watercourses under International Law 12 2.2 Legal Uncertainty.
Page 13
... Birnie and Boyle, supra, n. 22, at 218; Fitzmaurice and Elias, supra, n. 23, at 12. 26 Ibid. See further, Bruhacs, supra, n. 1, at 43. series of bilateral treaties with Mexico27 and Canada28 which are Problems, Principles and Terminology ...
... Birnie and Boyle, supra, n. 22, at 218; Fitzmaurice and Elias, supra, n. 23, at 12. 26 Ibid. See further, Bruhacs, supra, n. 1, at 43. series of bilateral treaties with Mexico27 and Canada28 which are Problems, Principles and Terminology ...
Page 14
... Birnie and Boyle point out that the doctrine has little support among commentators or in State practice,35 though it has been referred to by the United States, Austria, Chile, the Federal Republic of Germany, Ethiopia and India.36 ...
... Birnie and Boyle point out that the doctrine has little support among commentators or in State practice,35 though it has been referred to by the United States, Austria, Chile, the Federal Republic of Germany, Ethiopia and India.36 ...
Page 15
... Birnie and Boyle, supra, n. 22, at 219. See generally, R. R. Baxter, 'The Indus Basin', in A. H. Garretson, R. D. Hayton and C. J. Olmstead (eds), The Law of International Drainage Basins (Oceana, New York, 1967) 443, at 453. 39 Baxter ...
... Birnie and Boyle, supra, n. 22, at 219. See generally, R. R. Baxter, 'The Indus Basin', in A. H. Garretson, R. D. Hayton and C. J. Olmstead (eds), The Law of International Drainage Basins (Oceana, New York, 1967) 443, at 453. 39 Baxter ...
Page 22
... Birnie and Boyle are not convinced that this doctrine is established or useful and state that it 'appears devoid of more than limited support in state practice, jurisprudence, or the writings of commentators'.94 Similarly, commenting on ...
... Birnie and Boyle are not convinced that this doctrine is established or useful and state that it 'appears devoid of more than limited support in state practice, jurisprudence, or the writings of commentators'.94 Similarly, commenting on ...
Contents
1 | |
9 | |
3 The Principle of Equitable Utilization | 53 |
4 The Rule on Prevention of Significant Harm | 87 |
5 Equity and the Utilization of Shared Natural Resources | 121 |
6 Factors Relating to the Equitable Utilization of International Watercourses | 155 |
Substantive Rules of Customary and General International Law | 191 |
Procedural Rules of Customary and General International Law | 317 |
Environmental Protection as a Factor in Determining the Equitable Utilization of International Watercourses | 359 |
Bibliography | 381 |
Index | 413 |
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Environmental Protection of International Watercourses Under International Law OWEN. MCINTYRE No preview available - 2016 |
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 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 Water 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 transboundary environmental transboundary harm Treaty United Nations UNTS utilization of international vital human needs Water Disputes Tribunal Yearbook of International