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. |
From inside the book
Results 1-5 of 68
Page 1
... allocation of uses and/or quantum-share of waters of a shared freshwater resource is reasonable and equitable: – the social and economic needs of the watercourse States; remains as to the relative weighting or priority likely to 1 ...
... allocation of uses and/or quantum-share of waters of a shared freshwater resource is reasonable and equitable: – the social and economic needs of the watercourse States; remains as to the relative weighting or priority likely to 1 ...
Page 2
... allocations whereas the 'no significant harm' rule has its origins in environmental protection. 7 See, for example, Article X, Helsinki Rules, supra, n. 3, Article 8, Berlin Rules, supra, n. 1, and Articles 20-23 of the 1997 UN ...
... allocations whereas the 'no significant harm' rule has its origins in environmental protection. 7 See, for example, Article X, Helsinki Rules, supra, n. 3, Article 8, Berlin Rules, supra, n. 1, and Articles 20-23 of the 1997 UN ...
Page 5
... 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 and equitable principles in international law. While ...
... 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 and equitable principles in international law. While ...
Page 6
... allocation of uses of international freshwaters in particular. An examination of the extensive body of case law on delimitation of the continental shelf and on the apportionment of fish stocks and other marine resources is singularly ...
... allocation of uses of international freshwaters in particular. An examination of the extensive body of case law on delimitation of the continental shelf and on the apportionment of fish stocks and other marine resources is singularly ...
Page 9
... allocation of uses of shared water resources as between co-basin States. In addition, an historical lack of scientific and technological understanding of the workings of river systems and of the hydrologic cycle, and the resulting lack ...
... allocation of uses of shared water resources as between co-basin States. In addition, an historical lack of scientific and technological understanding of the workings of river systems and of the hydrologic cycle, and the resulting lack ...
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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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