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Oxford Law Citator
Contents
Expand All
Collapse All
Preliminary Material
Dedication
Contents
Preface to the Third Edition
Abbreviations
Table of Treaties by Name of Watercourse
Amazon
Aral Sea
Aras and Atrak Rivers
Chad
Colorado
Columbia
Congo River
Danube
Devil’s Lake
Drava
Gambia
Ganges
Great Lakes
Gut Dam
Indus
Lake Constance
Lake Ladoga
Lake Titicaca
Lake Victoria
Mahakali
Mekong
Meuse
Niagara
Niger
Nile
Owen Falls Dam
Paraná
Plate or Plata
Rhine
Rhone
Rio Grande
Scheldt
Senegal
Tigris and Euphrates
Tijuana
Tresa
Uruguay
Yarmuk
Table of Treaties and Other Instruments by Name
Table of Cases and Arbitrations
Austria
Argentina
European Union
Germany
Italy
Netherlands
Switzerland
United Kingdom
United States of America
International
Arbitrations
Main Text
Part I Introduction
1 Human Use of Fresh Water and the Era of Water Scarcity
Preliminary Material
Introduction
A Finite Supply, Growing Demand
B Uneven Distribution
C The Human Response: Water Transfers
1 Libya’s “Great Man-Made River”
2 California: human diversions from natural rivers
3 The American Southwest’s “unsustainable” hydraulic society
4 The role of anthropocentrism
D The International Dimension
Conclusion
2 The Concept and Reality of the International Watercourse System
Preliminary Material
Introduction
A The Watercourse System as an Element of the Hydrologic Cycle
1 The hydrologic cycle: general characteristics
2 The “terrestrial” elements of the hydrologic cycle: the watercourse system and its components
a General
b Groundwater and its importance
(1) The quantity of groundwater
(2) The use of groundwater
(3) The characteristics of groundwater
(4) The importance of including groundwater in water resources planning and management
B The Watercourse System in International Law
1 The concept of the watercourse system
2 The concept of the international watercourse system
3 Groundwater
4 The relationship between navigational and non-navigational uses
Conclusion
Part II Evolution and Theoretical Bases of the Law of International Watercourses
3 The Evolution of the Law of International Watercourses
Preliminary Material
Introduction
A Historical Background: The Evolution of International Water Law
B Practical and Conceptual Impediments to the Development of the Law
C The Theoretical Problem
1 Fluvial boundaries
2 Further questions
D Precursors
1 The Institut de Droit International
2 The International Law Association
E Indicia of the Evolution of the Law
1 From pre-eminence of navigation to the absence of inherent priorities
2 From the surface water channel to the system of waters
Africa
The Americas
Asia
Europe
3 From piecemeal problem-solving to integrated management and development
4 From protection of fisheries to protection of fish
5 From “no harm” to equitable utilization
Conclusion
4 The Theoretical Bases of International Watercourse Law: An Examination of the Four Principal Theories
Preliminary Material
Introduction
A Absolute Territorial Sovereignty
1 Introduction
2 The “Harmon Doctrine”
3 Practice of other states
4 The views of publicists
5 Conclusions
B Absolute Territorial Integrity
1 State practice
2 The views of publicists
3 Conclusions
C Limited Territorial Sovereignty
1 State practice
2 The views of publicists
3 Conclusions
D Community of Interest
1 State practice
2 The views of publicists
3 Conclusions
Overall Conclusions
5 The Contribution of the Law of Navigation
Preliminary Material
Introduction
A Early Practice
B Navigation in the Major Peace Treaties, 1648–1921, and their Progeny
C Theoretical and Practical Bases of Freedom of Navigation on International Waterways
D The Contribution of International Courts and Tribunals
1 The River Oder case
2 The Oscar Chinn case
3 The Navigational and Related Rights case
4 The Faber case
E The Contribution of Learned Societies
1 The Institute of International Law
2 The International Law Association
Conclusions
Part III The Major Cases and Controversies: A Survey of State Practice
Preliminary Material
Introduction
6 The Major Cases
Preliminary Material
Introduction
A Decisions of International Courts and Tribunals
1 Judicial decisions
a The River Oder case
b The Diversion of Water from the Meuse case
c The Corfu Channel case
d The Gabčíkovo-Nagymaros Project case
e The Pulp Mills case
(1) Procedural obligations
(2) Substantive obligations
f The San Juan River cases
(1) The Navigational and Related Rights case
(2) The Case concerning Certain Activities Carried Out by Nicaragua in the Border Area (Costa Rica v. Nicaragua) and the Case concerning Construction of a Road in Costa Rica Along the San Juan River (Nicaragua v. Costa Rica)
(i) The cases
(a) The Certain Activities case
(b) The Road case
(ii) The judgment and the law of international watercourses
(a) Procedural obligations
Environmental impact assessment
Notification and consultation
(b) Substantive obligations
(c) Reparation
2 Arbitral awards
a The Lake Lanoux arbitration
b The Trail Smelter arbitration
c The Gut Dam arbitration
d The Baglihar Determination by a Neutral Expert (Pakistan/India)
e The Indus Waters Kishenganga arbitration (Pakistan v. India)
f Other arbitral awards
(1) The San Juan River case
(2) The Helmand River Delta cases
(3) The Zarumilla River case
(4) The Island of Palmas case
B Decisions of National Courts
1 The Donauversinkung case
2 The United States
3 Switzerland
4 Argentina
Conclusion
7 Selected Case Studies
Preliminary Material
Introduction
A Africa
1 The Nile
2 The Senegal
B Asia
1 Central Asia
a The Amu Darya
b The Syr Darya
c The Aral Sea
2 Southeast Asia: the Mekong
3 The Asian Subcontinent
a The Indus
b The Ganges
c The Mahakali
C Europe
1 The Rhine
2 The Danube
D Latin America
1 General
2 The Paraná
E The Middle East
1 The Jordan
2 Palestinian-Israeli water resources
3 The Tigris-Euphrates Basin
4 The “Peace Pipeline” Project
F North America
1 The United States and Mexico
a The Rio Grande
b The Colorado
2 The United States and Canada
a General
b The Red River: The Devil’s Lake Drain
c The Columbia
(1) The Libby Dam dispute and the 1961 Columbia River Treaty
(2) Transboundary water pollution: the Pakootas litigation
Conclusions
Part IV Fundamental Rights and Obligations
8 Introduction: The 1997 United Nations Convention and its Precursors
Preliminary Material
Introduction
A Precursors
1 The Institut de Droit International
2 The International Law Association
3 The UNECE Water Convention and its relationship to the UN Watercourses Convention
B The UN Watercourses Convention
1 Overview
2 The vote in the General Assembly
3 Entry into force
4 Outlook
A Substantive Obligations
Preliminary Material
9 Equitable and Reasonable Utilization
Preliminary Material
Introduction
A The Concept of Equitable Utilization
B Implementing the Principle of Equitable Utilization
C Equitable Utilization as a Process
Conclusion
10 The Obligation to Prevent Harm to Other Riparian States
Preliminary Material
Introduction
1 The status of the no-harm rule and its relationship to equitable utilization
2 The meaning of “harm”
3 The two-way operation of the no-harm rule
A Sic utere tuo
B Case Law
C International Instruments
D The Applicable Threshold of Harm and Its Significance
E Reconciling the “No-Harm” and Equitable-Utilization Obligations
F The Required Standard of Conduct
Conclusions Concerning the “No-Harm” Obligation
11 The Obligation to Protect International Watercourses and Their Ecosystems
Preliminary Material
Introduction
A The Obligation Not to Cause Significant Pollution Harm to Other States via an International Watercourse
B The Emerging Obligation to Protect the Ecosystems of International Watercourses
C Implications of an Obligation to Protect Watercourse Ecosystems
Conclusion
B Procedural Obligations
12 Procedural Obligations
Preliminary Material
Introduction
A The General Obligation to Cooperate
B The Obligation of Prior Notification and Related Obligations
C The Obligation to Consult with Other Riparian States
D The Obligation to Exchange Data and Information on a Regular Basis
Conclusion
C Groundwater
13 The Special Case of Groundwater
Preliminary Material
Introduction
A Scope: The Nature of Shared Groundwater Resources and the Challenges for International Legal Regulation
B Groundwater in State Practice
1 International agreements
2 The Donauversinkung case
3 The Gabčíkovo-Nagymaros case
4 The Silala case
C The Work of International Non-Governmental Organizations and Expert Groups
1 The ILA’s Seoul Rules on International Groundwaters
2 The Bellagio Draft
D The United Nations Watercourses Convention and the Work of the International Law Commission
1 The definition of “international watercourse”
2 The ILC’s resolution on “Confined Transboundary Groundwater”
3 The ILC’s work on “Shared Natural Resources” and its Draft Articles on the Law of Transboundary Aquifers
Conclusions
D Dispute Avoidance and Settlement
14 Dispute Avoidance and Settlement: Selected Aspects
Preliminary Material
Introduction
A Private Remedies
1 State practice
2 The United Nations Watercourses Convention
B Fact-Finding and the Use of Expert Bodies
1 The International Joint Commission
2 The Permanent Indus Commission
3 The approach of the United Nations Convention
Conclusion
Further Material
Annex I United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses (1997) with Statements of Understanding regarding certain provisions of the UN Convention
Annex
Convention on the Law of the Non-navigational Uses of International Watercourses
Part I Introduction
Article 1
Scope of the present Convention
Article 2
Use of terms
Article 3
Watercourse agreements
Article 4
Parties to watercourse agreements
Part II General Principles
Article 5
Equitable and reasonable utilization and participation
Article 6
Factors relevant to equitable and reasonable utilization
Article 7
Obligation not to cause significant harm
Article 8
General obligation to cooperate
Article 9
Regular exchange of data and information
Article 10
Relationship between different kinds of uses
Part III Planned Measures
Article 11
Information concerning planned measures
Article 12
Notification concerning Planned measures with possible adverse effects
Article 13
Period for reply to notification
Article 14
Obligations of the notifying State during the period for reply
Article 15
Reply to notification
Article 16
Absence of reply to notification
Article 17
Consultations and negotiations concerning planned measures
Article 18
Procedures in the absence of notification
Article 19
Urgent implementation of planned measures
Part IV Protection, Preservation and Management
Article 20
Protection and preservation of ecosystems
Article 21
Prevention, reduction and control of pollution
Article 22
Introduction of alien or new species
Article 23
Protection and preservation of the marine environment
Article 24
Management
Article 25
Regulation
Article 26
Installations
Part V Harmful Conditions And Emergency Situations
Article 27
Prevention and mitigation of harmful conditions
Article 28
Emergency situations
Part VI Miscellaneous Provisions
Article 29
International watercourses and installations in time of armed conflict
Article 30
Indirect Procedures
Article 31
Data and information vital to national defence or security
Article 32
Non-discrimination
Article 33
Settlement of disputes
Part VII Final Clauses
Article 34
Signature
Article 35
Ratification, acceptance, approval or accession
Article 36
Entry into force
Article 37
Authentic texts
Appendix
Arbitration
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
As regards article 1:
As regards article 2 (c):
As regards article 3:
As regards article 6(1)(e):
As regards article 7(2):
As regards article 10:
As regards articles 21, 22 and 23:
As regards article 28:
As regards article 29:
Annex II International Law Commission, Resolution on Confined Transboundary Groundwater (1994)
Bibliography
Index
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Part III The Major Cases and Controversies: A Survey of State Practice, 6 The Major Cases
From:
The Law of International Watercourses (3rd Edition)
Stephen C. McCaffrey
Previous Edition (2 ed.)
Content type:
Book content
Product:
Oxford Scholarly Authorities on International Law [OSAIL]
Series:
Oxford International Law Library
Published in print:
28 February 2019
ISBN:
9780198736929
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18.206.13.203