Environmental Protection of International Watercourses under International LawAshgate Publishing, Ltd., 2013 M01 28 - 446 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. |
Contents
Introduction | 1 |
Problems Principles and Terminology | 9 |
22 Legal Uncertainty | 12 |
23 Conclusion | 52 |
The Principle of Equitable Utilization | 53 |
31 Development and Acceptance of the Principle of Equitable Utilization | 54 |
32 Conceptual Basis of the Principle of Equitable Utilization | 76 |
33 Equitable Utilization and Environmental Protection | 78 |
Environmental Protection of International Watercourses I Substantive Rules of Customary and General International Law | 191 |
71 Obligation to Prevent Transboundary Pollution | 198 |
72 Obligation to Cooperate | 221 |
73 Transboundary Environmental Impact Assessment | 229 |
74 Sustainable Development | 239 |
75 Intergenerational Equity | 251 |
76 Common But Differentiated ResponsibilityIntraGenerational Equity | 260 |
77 Precautionary Principle | 265 |
34 Conclusion | 85 |
The Rule on Prevention of Significant Harm | 87 |
41 Significant Harm | 92 |
42 Relationship with Equitable Utilization | 104 |
43 Environmental Protection | 116 |
44 Conclusion | 119 |
Equity and the Utilization of Shared Natural Resources | 121 |
52 Equity and Shared International Water Resources | 132 |
53 Conclusion | 151 |
Factors Relating to the Equitable Utilization of International Watercourses | 155 |
61 Social and Economic Needs | 156 |
62 Population Dependent on the Watercourse | 160 |
63 Existing and Potential Uses | 164 |
64 Conservation Protection Development and Economy of Use | 173 |
65 Availability of Alternatives | 177 |
66 Geographic Hydrographic and Hydrological Factors | 179 |
67 Effects on Other Watercourse States | 183 |
68 Other Factors | 186 |
69 Conclusion | 189 |
78 Polluter Pays Principle | 284 |
79 Ecosystems Approach | 286 |
710 Conclusion | 313 |
Environmental Protection of International Watercourses II Procedural Rules of Customary and General International Law | 317 |
81 Duty to Notify | 324 |
82 Exchange of Information | 333 |
83 Duty to ConsultNegotiate in Good Faith | 337 |
84 Duty to Warn | 345 |
85 Settlement of Disputes | 348 |
86 Conclusion | 357 |
Conclusion Environmental Protection as a Factor in Determining the Equitable Utilization of International Watercourses | 359 |
91 Sustainable Development | 363 |
92 Transboundary Environmental Impact Assessment | 367 |
93 International Commissions | 372 |
94 Custom | 377 |
95 Normative Sophistication | 379 |
| 381 | |
| 413 | |
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Common terms and phrases
According activities adopted Agreement appear application approach appropriate basis cause Chapter Colorado commentary Commission common concept concerning concluded Conference consideration considered consult contained Convention cooperate Court customary international damage determining Draft Articles duty economic ecosystem effects emerging Environment environmental protection equitable utilization established example existing factors freshwater further harm Helsinki human Ibid implementation Institute interests International Environmental Law International Law International Law Commission international watercourse joint Journal of International limited McCaffrey means measures natural needs negotiations Non-Navigational normative notes obligation particular parties planned points Policy pollution potential practice precautionary principle prevent principle of equitable procedural provides reasonable reference regard regime relation relevant Report requires responsibility result riparian River role rules shared significant significant harm specific standards substantive suggests supra sustainable development taken territory transboundary Treaty Tribunal United Nations Water Resources