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 14
... parties reserved their legal positions,37 provided for the equitable apportionment of these waters.38 At one point during the dispute,. 27 Beginning with the 1906 Convention between the United States and Mexico concerning the Equitable ...
... parties reserved their legal positions,37 provided for the equitable apportionment of these waters.38 At one point during the dispute,. 27 Beginning with the 1906 Convention between the United States and Mexico concerning the Equitable ...
Page 19
... 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 the right belonging to each State ...
... 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 the right belonging to each State ...
Page 24
... 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, in the negotiations ...
... 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, in the negotiations ...
Page 26
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Page 32
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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 |
Other editions - View all
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