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 xvi
... Establishing the African Economic Community (Abuja, 3 June 1991), 30 ILM (1991) 1241. 1992 Agreement between Namibia and South Africa on the Establishment of a Permanent Water Commission (1993) 32 ILM 1147. 1992 United Nations Economic ...
... Establishing the African Economic Community (Abuja, 3 June 1991), 30 ILM (1991) 1241. 1992 Agreement between Namibia and South Africa on the Establishment of a Permanent Water Commission (1993) 32 ILM 1147. 1992 United Nations Economic ...
Page 5
... established and emerging, which act to articulate, reflect and protect environmental interests, can be invoked and applied within such a regime. Fourthly, the principle of prevention of significant harm has obvious significance for the ...
... established and emerging, which act to articulate, reflect and protect environmental interests, can be invoked and applied within such a regime. Fourthly, the principle of prevention of significant harm has obvious significance for the ...
Page 7
... established State practice. It also becomes clear that just about every such rule or principle stems, directly or indirectly, from the long-established, though relative, obligation to prevent transboundary harm, and that all are ...
... established State practice. It also becomes clear that just about every such rule or principle stems, directly or indirectly, from the long-established, though relative, obligation to prevent transboundary harm, and that all are ...
Page 14
... established in 1889, to ascertain the facts and to report on '[t]he best and most feasible mode ... of so regulating the use of the waters of said river [the Rio Grande] as to secure to each country concerned and to its inhabitants ...
... established in 1889, to ascertain the facts and to report on '[t]he best and most feasible mode ... of so regulating the use of the waters of said river [the Rio Grande] as to secure to each country concerned and to its inhabitants ...
Page 19
... established general international law by the International Law Institute in its 1911 Madrid Declaration.68 The Declaration recognized as fact that '[R]iparian states with a common stream are in a position of permanent physical ...
... established general international law by the International Law Institute in its 1911 Madrid Declaration.68 The Declaration recognized as fact that '[R]iparian states with a common stream are in a position of permanent physical ...
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