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Contents
- Preliminary Material
- Preface and Acknowledgements
- Contents
- List of Abbreviations
- Selected Cases
- Permanent Court of International Justice
- International Court of Justice
- Permanent Court of Arbitration
- Other Inter-State Arbitrations
- Investor-State Arbitrations
- World Trade Organization Dispute Settlement Body
- European Court of Justice
- European Court of Human Rights
- Inter-American Court of Human Rights
- African Commission on Human and Peoples’ Rights
- United Nations Human Rights Committee
- Main Text
- 1 Introduction: Fresh Water and its Features
- 2 Regulation of Fresh Water Uses
- I Introduction
- II International watercourses and their uses
- A International watercourses and boundary delimitation
- B International watercourses and navigation
- C International watercourses and fishing activities
- D International watercourses and other uses
- E Conflicts of uses and their resolution
- F Emerging notions of minimum flow and environmental flow and their incidence on the uses of watercourses
- III Codification and harmonization endeavours in the law applicable to international watercourses
- IV Other sources of fresh water and their legal regime
- V The regulation of international fresh water resources and its various dimensions
- 3 Economization of the Law Applicable to Fresh Water
- I Economic uses and the law applicable to international watercourses
- II Water, international trade, and investment law
- 4 Environmentalization of the Law Applicable to Fresh Water
- I Introduction
- II Linkages between fresh water and environmental protection
- III Environmental protection and the law applicable to fresh water
- IV The contribution of multilateral environmental agreements to the protection and management of fresh water
- A Instruments having a universal scope
- 1 Convention Concerning the Protection of the World Cultural and Natural Heritage
- 2 Convention on Wetlands of International Importance especially as Waterfowl Habitat
- 3 Convention on Biological Diversity
- 4 Convention to Combat Desertification
- 5 Framework Convention on Climate Change and the Kyoto Protocol
- 6 Convention on Persistent Organic Pollutants
- 7 Convention on the Conservation of Migratory Species of Wild Animals
- B Instruments having a regional scope
- 1 Instruments dealing with air pollution
- 2 Convention on Environmental Impact Assessment in a Transboundary Context
- 3 The Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters
- 4 Framework Convention on the Protection of the Alps
- C The role of treaty bodies
- A Instruments having a universal scope
- V Coherence trends
- 5 Humanization of the Law Applicable to Fresh Water
- I Introduction
- II Human needs and the law applicable to international watercourses
- III Emergence and recognition of a right to safe drinking water and sanitation
- IV The contribution of human rights in the field of access to water and sanitation
- V The right to water and health, environmental, and cultural protection
- VI Human needs, public participation, and access to water and sanitation
- VII Human needs, the right to water, and development assistance
- VIII Water in times of an armed conflict
- IX Individuals and access to remedies
- X Concluding remarks
- 6 Institutionalization Trends in Fresh Water Governance
- I Introduction
- II Basin organizations and commissions
- A The evolving profile of basin organizations and commissions
- B Basin organizations and commissions as forums for dialogue and cooperation
- C Basin organizations and commissions, dispute resolution, and the maintenance of international peace and security
- D The contribution of basin organizations and commissions to the development and implementation of international law
- III International organizations and institutions
- IV The provision of technical and financial assistance
- V Conclusion
- 7 Dispute Settlement and Fresh Water
- I Introduction
- II The multiplicity of dispute settlement mechanisms in water-related disputes
- III Inter-State dispute settlement mechanisms, with particular emphasis on judicial means
- IV Non-State actors and water disputes
- V Dispute settlement and issues of interpretation and development in the law applicable to fresh water
- VI Concluding remarks
- 8 Looking Ahead
- Further Material