Suchergebnisse

Implementing the goal of sustainable development has long been heralded as the means by which the needs of both present and future generations can be met. However, finding a long-term balance between economic, social and environmental interests, the basic tenet of sustainable development, has proved largely illusive in practice. This book shows that while a number of legal frameworks to help promote the goal of sustainable development have been proposed at the international level they fail to fully capture the essence of sustainable development and international law's capacity to support its implementation. The book offers a critical analysis of past attempts to develop legal frameworks for promoting sustainable development at the international level, and advocates for a fresh approach based on lessons learnt from the law of international watercourses. The book is divided into four sections. The first section includes an overview of the topic area and an understanding of international law. In section two the book explores the meaning of sustainable development and considers the term's relationship with international law.

AbstractRecognition that hydropower plays a role in fostering sustainable development and helping countries move away from fossil fuels has led to a resurgence of planned projects on transboundary rivers around the world. Whilst these projects offer clear benefits, they are not without their socio-ecological impacts. An added feature of hydropower projects is that they tend to involve a wide range of actors that are responsible for their financing, planning, construction and operation (international and domestic; private and State). This begs the question, if it is ultimately the responsibility of States to ensure that these projects are in accordance with international law obligations, what does that responsibility entail when much of the activity is conducted by private companies? International law has a long tradition of placing States under an obligation to regulate the conduct of non-State activities so as to prevent transboundary harm. However, a closer review of the law relating to transboundary hydropower projects reveals that more could be done to guide States as to the appropriate measures that they might put in place to ensure that any hydropower projects involving private actors are implemented in an equitable and sustainable manner.

In the face of water scarcity, growing water demands, population increase, ecosystem degradation, climate change, and so on transboundary watercourse states inevitably have to make difficult decisions on how finite quantities of water are distributed. Such waters, and their associated ecosystem services, offer multiple benefits. Valuation and bargaining can play a key role in the sharing of these ecosystems services and their associated benefits across sovereign borders. Ecosystem services in transboundary watercourses essentially constitute a portfolio of assets. Whilst challenging, their commodification, which creates property rights, supports trading. Such trading offers a means by which to resolve conflicts over competing uses and allows states to optimise their 'portfolios'. However, despite this potential, adoption of appropriate treaty frameworks that might facilitate a market-based approach to the discovery and allocation of water-related ecosystem services at the transboundary level remains both a challenge, and a topic worthy of further study. Drawing upon concepts in law and economics, this paper therefore seeks to advance the study of how treaty frameworks might be developed in a way that supports such a market-based approach to ecosystem services and transboundary waters.

The Governance Regime of the Mekong River Basin provides a comparative analysis of the global water conventions and the 1995 Mekong Agreement, whereby, the authors strongly recommend Mekong states joining both conventions in order to buttress and clarify the Agreement.; Readership: Scholars and practitioners in the field of international water law and anyone concerned with the legal framework and governance regime of the Mekong River and its tributaries.

pt. 1. Background and evolution -- pt. 2. Entry into force and widespread endorsement : potential effects on international law and state practice -- pt. 3. The potential role and relevance of the UN Watercourses Convention in specific regions, basins and countries -- pt. 4. The UN Watercourses Convention, multilateral environmental conventions and international water and environmental policy goals -- pt. 5. Beyond entry into force : strengthening the role and relevance of the UN Watercourses Convention -- pt. 6. Emerging challenges and future trends.

Introduction / Andrew Alan, Sarah Hendry and Alistair Rieu-Clarke -- Customary water rights and legal pluralism / Barbara van Koppen -- A comparative analysis of the public trust doctrine for managing water in the United States and India / Melissa K. Scanlan -- Water rights and permitting : a South African approach / Michael Kidd -- The EU approach for integrated water resource management : transposing the EU water framework directive within a national context : key insights from experience / Marleen van Rijswick and Andrea Keessen -- Water markets / Michael Hantke-Domas -- Water pollution and water quality : shifting regulatory paradigms / William Howarth -- Contaminants of emerging concern / Sarah Hendry -- The human right to water / Inga T. Winkler -- Governance and regulation of water and sanitation services provision / Richard Franceys and Paul Hutchings -- Legal aspects of flood management / Andrew Allan -- Water allocation and management during drought / A. Dan Tarlock -- Stakeholder engagement for inclusive water governance / Aziza Akhmouch and Delphine Clavreul -- Monitoring and enforcement : the United States Clean Water Act model / LeRoy C. Paddock and Laura C. Mulherin -- The treaty architecture for the governance of transboundary aquifers, lakes and rivers / Alistair Rieu-Clarke -- The evolution of international law relating to transboundary waters / Stephen C. McCaffrey -- International law and transboundary aquifers / Gabriel E. Eckstein -- Substantive rules of international water law / Owen McIntyre -- The significance of the duty to cooperate for transboundary water resources management under international water law / Christina Leb -- Join institutional arrangements for governing shared water resources : a comparative analysis of state practice / Susanne Schmeier -- Strengthening the implementation of transboundary water agreements : insights from UNECE Water Convention Implementation Committee / Nataliya Nikiforova -- The role of non-state actors in the development and implementation of International water law / Komlan Sangbana -- Hydro-hegemons and International water law / Rebecca L. Farnum, Stephanie Hawdins and Mia Tamarin -- Water resources and International investment law / Ana Maria Daza-Clark -- Water justice : understanding the philosophical underpinning of decision-making in the context of International water governance / Marian J. Neal (Patrick) and Peter S. Wenz -- Adaptive water governance : a theoretical approach reflected in the Mauri and Desaguadero River Basin adaptation plan / Juan Carlos Sanchez amirez, Paula Pacheco Mollinedo and Natalia Agilar Porras -- A brief history of global water governance / Joshua Newton -- The sustainable development goals in relation to water management : what role for legal frameworks? / Anna Schulz -- Waterr security as an evolving paradigm : local, national, regional and global considerations / Bjorn-Oliver Magsig -- Conclusions / Andrew Allan, Sarah Hendry and Alistair Rieu-Clarke

"The Grand Ethiopian Renaissance Dam (GERD) will not only be Africa's largest dam, but it is also essential for future cooperation and development in the Nile River Basin and East African region. This book, after setting out basin-level legal and policy successes and failures of managing and sharing Nile waters, articulates the opportunities and challenges surrounding the GERD through multiple disciplinary lenses. It sets out its possibilities as a basis for a new era of cooperation, its regional and global implications, the benefits of cooperation and coordination in dam filling, and the need for participatory and transparent decision making. By applying law, political science and hydrology to sharing water resources in general and to large-scale dam building, filling and operating in particular, it offers concrete qualitative and Quantitative options that are essential to promote cooperation and coordination in utilising and preserving Nile waters. The book incorporates the economic dimension and draws on recent developments including: the signing of a legally binding contract by Egypt, Ethiopia and Sudan to carry out an impact assessment study; the possibility that the GERD might be partially operational very soon, the completion of transmission lines from GERD to Addis Ababa; and the announcement of Sudan to commence construction of transmission lines from GERD to its main cities. The implications of these are assessed and lessons learned for transboundary water cooperation and conflict management."--Provided by publisher.

Water plays a key role in addressing the most pressing global challenges of our time, including climate change adaptation, food and energy security, environmental sustainability and the promotion of peace and stability. This comprehensive handbook explores thepivotal place oflaw and policy in efforts to ensure that water enables positive responses to these challenges and provides a basisfor sound governance.

The Sustainable Development Goals (SDGs) indicator framework marks the first time that a specific indicator on transboundary water cooperation (indicator 6.5.2) has been adopted within an inter-governmental process. Achieving the political and technical support for this was not easy. However, through widespread consultation, and by building upon existing practice relating to water cooperation, the indicator was ultimately approved. The 2017 and 2020 reporting exercises demonstrated the robustness and value of the indicator. Having operational arrangements in place is critical to ensuring that transboundary waters are managed in an equitable and sustainable manner. SDG indicator 6.5.2 offers great potential in supporting that effort.

Preliminary Material /Attila Tanzi , Owen McIntyre , Alexandros Kolliopoulos , Alistair Rieu-Clarke and Rémy Kinna -- Remarks on the Drafting History of the Convention /Alistair Rieu-Clarke -- From a Regional towards a Global Instrument – The 2003 Amendment to the UNECE Water Convention /Iulia Trombitcaia and Sonja Koeppel -- The Normative and Institutional Evolution of the Convention /Francesca Bernardini -- The 1997 UN Convention: Compatibility and Complementarity /Stephen Mccaffrey -- The UNECE Water Convention and Multilateral Environmental Agreements /Laurence Boisson De Charzournes , Christina Leb and Mara Tignino -- The Water Convention and other UNECE Environmental Treaties /Owen Mcintyre -- The Water Convention and the European Union: The Benefits of the Convention for EU Member States /Gábor Baranyai -- Scope of the UNECE Water Convention /Malgosia Fitzmaurice and Panos Merkouris -- Normative Features of the UNECE Water Convention /Attila Tanzi , Alexandros Kolliopoulos and Nataliya Nikiforova -- The No-Harm Rule /Attila Tanzi and Alexandros Kolliopoulos -- The Principle of Equitable and Reasonable Utilisation /Owen Mcintyre -- The Role of the Precautionary Principle in the Convention on the Protection and Use of Transboundary Watercourses and International Lakes /Nicolas De Sadeleer and Mehdy Abbas Khayli -- The Polluter-Pays Principle in the 1992 UNECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes /Leslie-Anne Duvic-Paoli and Pierre-Marie Dupuy -- The Sustainability Principle /Alistair Rieu-Clarke -- The Development of Legal Provisions and Measures for Preventing and Reducing Pollution to Transboundary Water Resources under the UNECE Water Convention /Rémy Kinna -- Integrated Water Resources Management as a Tool to Prevent or Mitigate Transboundary Impact /Heide Jekel -- Monitoring and Assessment and the duty of cooperation under the Water Convention: Exchange of Information Among the Riparian Parties /Annukka Lipponen and Lea Kauppi -- Public Information and Participation under the Water Convention /Serhiy Vykhryst -- The Duty to Cooperation in International Water Law – Examining the Contribution of the UN Water Conventions to Facilitating Transboundary Water Cooperation /Patricia Wouters and Christina Leb -- The Contribution of the UNECE Water Regime to Transboundary Cooperation in the Danube River Basin /Ruby Moynihan -- Cooperation between Finland and the Russian Federation /Antti Belinskij -- Dispute Prevention, Dispute Settlement and Implementation Facilitation in International Water Law: The Added Value of the Establishment of an Implementation Mechanism under the Water Convention /Attila Tanzi and Cristina Contartese -- The 2003 Kiev Protocol on Civil Liability and Compensation for Damage Caused by the Transboundary Effects of Industrial Accidents on Transboundary Waters /Phani Dascalopoulou-Livada and Alexandros Kolliopoulos -- The UNECE Water Convention and the Human Right to Access to Water: The Protocol on Water and Health /Owen Mcintyre -- The UNECE Model Provisions on Transboundary Flood Management /Alexandros Kolliopoulos.

Improved water resources governance supports important social, economic, and environmental objectives. The 2030 Agenda recognizes improved water governance to be critical for achievement of the Sustainable Development Goals (SDGs) and commits to monitor the progress of implementation of integrated water resources management (IWRM). This paper critically reviews the approach to monitoring SDG indicator 6.5.1 on implementation of IWRM. Firstly, the paper places the indicator monitoring within the context of other initiatives to measure water governance. Secondly, it analyzes experiences of application of the SDG indicator 6.5.1 methodology to evaluate the strengths and weaknesses of the indicator and presents the key findings of the 2017/2018 global baseline assessment of IWRM implementation. Baseline reporting shows that degree of IWRM implementation globally is 49%, though country scores range from 10 to 100%. Disaggregating the data by country and by aspect of water resources governance provides a diagnostic tool to identify areas of high and low progress, and, therefore, where increased resources and attention are required. The article concludes by suggesting how the next iteration of SDG indicator 6.5.1 monitoring cycle can be made into a tool for advancing the IWRM implementation and improved governance practices on the ground. It also proposes how the methodology can be strengthened to address current limitations, including aspects relating to integrity, accountability and transparency.