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The International Law of Transboundary Groundwater Resources

The International Law of Transboundary Groundwater Resources
Author: Gabriel Eckstein
Publisher: Routledge
Total Pages: 255
Release: 2017-09-14
Genre: Law
ISBN: 1317551303

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This book provides a comprehensive review of the state of international law as it applies to transboundary groundwater resources and aquifers. The main focus is on recent developments and the emerging international law for transboundary aquifers as reflected in the practice of states and the work of the UN International Law Commission, UN Economic Commission for Europe, and International Law Association. The author takes an interdisciplinary approach to the subject matter and provides the scientific hydro-geological underpinning for the application of law and policy to transboundary groundwater resources. He also addresses the growing global dependence on this hidden resource, as well as both the historical and scientific context for development of the law. The book provides case examples throughout to illustrate the various concepts and developments. These include more detailed examinations of the few existing transboundary aquifer agreements in operation, such as for aquifers between France and Switzerland and Jordan and Saudi Arabia, as well as aquifers in North Africa and in South America.


International Law and Transboundary Aquifers

International Law and Transboundary Aquifers
Author: Francesco Sindico
Publisher: Edward Elgar Publishing
Total Pages: 208
Release: 2020-12-25
Genre: Law
ISBN: 1788117638

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Groundwater amounts to 97% of available global freshwater resources. Emphasising the crucial importance of this in the context of increasing population, climate change and the overall global water crisis, Francesco Sindico offers a comprehensive study of the emerging body of international law applicable to transboundary aquifers.


International Law of Water Resources

International Law of Water Resources
Author: Slavko Bogdanović
Publisher: Martinus Nijhoff Publishers
Total Pages: 476
Release: 2001-06-20
Genre: Law
ISBN: 9789041116239

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Effectively managing increasingly scarce transboundary water resources in many parts of the world may become one of the most critical challenges facing the international community in the 21st century. Global warming is expected to exacerbate the existing problems of water scarcity in Africa, the Middle East and Central Asia, and threatens to affect even relatively water-secure regions and countries. Global freshwater resources are shrinking at an increasing pace. Forty percent of the world's population depends on transboundary water resources, a situation that raises serious concerns at the international level. Unresolved issues of water resource use and allocation may create the potential for serious interstate conflicts and undermine regional stability. It is imperative that existing and potential disputes over access to shared water resources are resolved through peaceful means within the framework of legal principles and norms provided by international law. While not yet in force, the 1997 UN Convention on the Law of the Non-Navigational Uses of International Watercourses codifies a number of rules of customary law that apply to international watercourses. However, even in the absence of a universally ratified instrument there is a body of international rules widely acknowledged as an authoritative statement of international law governing international watercourses - the International Law Association (ILA) rules on the law of international water resources. The present book, which contains the complete collection of the ILA rules on international water resources, together with comments, explanatory notes and other supporting materials, will be of significant academic and practical value to the range of experts working in this field. There is no doubt that legal scholars and researchers will find this book very helpful in discovering the conceptual underpinings and the evolution of international water law. For the practitioners, this collection will serve as a useful reference tool containing a wealth of 'black letter' normative material.


International Law of Water Resources

International Law of Water Resources
Author: Slavko Bognanovic
Publisher: BRILL
Total Pages: 468
Release: 2021-12-28
Genre: Law
ISBN: 9004481982

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Effectively managing increasingly scarce transboundary water resources in many parts of the world may become one of the most critical challenges facing the international community in the 21st century. Global warming is expected to exacerbate the existing problems of water scarcity in Africa, the Middle East and Central Asia, and threatens to affect even relatively water-secure regions and countries. Global freshwater resources are shrinking at an increasing pace. Forty percent of the world's population depends on transboundary water resources, a situation that raises serious concerns at the international level. Unresolved issues of water resource use and allocation may create the potential for serious interstate conflicts and undermine regional stability. It is imperative that existing and potential disputes over access to shared water resources are resolved through peaceful means within the framework of legal principles and norms provided by international law. While not yet in force, the 1997 UN Convention on the Law of the Non-Navigational Uses of International Watercourses codifies a number of rules of customary law that apply to international watercourses. However, even in the absence of a universally ratified instrument there is a body of international rules widely acknowledged as an authoritative statement of international law governing international watercourses - the International Law Association (ILA) rules on the law of international water resources. The present book, which contains the complete collection of the ILA rules on international water resources, together with comments, explanatory notes and other supporting materials, will be of significant academic and practical value to the range of experts working in this field. There is no doubt that legal scholars and researchers will find this book very helpful in discovering the conceptual underpinings and the evolution of international water law. For the practitioners, this collection will serve as a useful reference tool containing a wealth of 'black letter' normative material.


Strengthening Cooperation Over Transboundary Groundwater Resources

Strengthening Cooperation Over Transboundary Groundwater Resources
Author: Gabriel Eckstein
Publisher: Routledge
Total Pages: 0
Release: 2024
Genre: Nature
ISBN: 9780367673178

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Groundwater is humanity's most vital supply of freshwater. Freshwater resources contained in aquifer systems globally are two orders of magnitude greater than those found in all rivers, lakes, and other surface freshwaters combined. Moreover, approximately one half of the world's population today is dependent on groundwater for its basic needs. While these truisms are widely acknowledged, an additional reality is now recognized - many of these subsurface freshwater reservoirs are actually transboundary formations shared amongst two or more nations. In fact, around 600 transboundary aquifers have been identified worldwide. They underlie the territory of nearly every non-island nation and are found in both humid and arid environments. Surprisingly, though, only a handful of transboundary aquifers worldwide are subject to any type of formal or informal international agreement. Transboundary groundwater resources are now receiving growing attention among the international community. Questions are being raised about how they should be managed, allocated and protected, what rights aquifer riparians can enjoy, and what responsibilities these aquifer states might owe to neighbouring aquifer riparians. This book considers all these various aspects of the management and regulation of transboundary groundwater resources. It also presents case studies and explores recent efforts to engage the international community on best practices and global standards for governing transboundary aquifers. As communities and nations continue to expand their reliance on these critical sources of freshwater, they will have to address such issues and develop governance regimes for these shared subsurface resources. The chapters in this book were originally published as a special issue of Water International.


International Groundwater Law and the US-Mexico Border Region

International Groundwater Law and the US-Mexico Border Region
Author: Maria E. Milanes
Publisher: BRILL
Total Pages: 378
Release: 2020-07-20
Genre: Law
ISBN: 9004385088

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In International Groundwater Law and the US-Mexico Border Region, Maria E. Milanes provides a study and analysis of the international groundwater law. The regulation and groundwater management along the US-Mexico border reflect the current international trends for management of transboundary groundwater. International Groundwater Law and the US-Mexico Border Region offers a new international legal and institutional framework to manage fossil aquifers and groundwater in conjunctive use with surface water, where specific guidelines and recommendations for water banking can improve water allocation and protect the environment. This framework can be adapted to any region of around the world. The US-Mexico border is the case study selected to apply and demonstrate the efficacy of this legal and institutional framework.


Application of International Water Law to Transboundary Groundwater Resources, and the Slovak-Hungarian Dispute Over Gabcikovo-Nagymaros

Application of International Water Law to Transboundary Groundwater Resources, and the Slovak-Hungarian Dispute Over Gabcikovo-Nagymaros
Author: Gabriel Eckstein
Publisher:
Total Pages: 0
Release: 2012
Genre:
ISBN:

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The growth in global population and economic development has resulted in tremendous pressures on existing sources of fresh water. Human water use over the past three centuries increased by a factor of thirty-five and is growing by four to eight percent annually. Coupled with recurring international disputes over water resources, poor water management, and the realization that water is an indispensable but finite resource, these trends have propelled the use and management of transboundary groundwater resources to the forefront of legal debate. Until recently, matters relating to groundwater resources were relatively ignored in the context of international law applicable to transboundary water resources. In particular, international water law failed to satisfactorily consider or comprehend the physical interrelationship and interdependence between surface and groundwater resources. As a consequence, most legislators, policymakers, and even international legal scholars continue to regard underground water sources as dissimilar from surface waters with respect to ownership and usage, and omit the resource from the legal regime of international water law. Part I of this article examines international water law and proposes the application of this legal regime to both surface and underground waters equally and without distinction. This application is founded on the basis that due to the indissociable nature of and interdependency between the two water resources, surface and underground waters cannot be utilized or protected adequately or efficiently unless they are considered simultaneously under the same rubric of management and law. Section A of Part I discusses the general legal principles that comprise international water law, and that heretofore were applied primarily to surface water resources. Section B follows with a basic scientific understanding of ground water resources and of the nexus typically found between surface and subsurface waters. Thereafter, Section C presents an overview of the international legal regime of transboundary waters, which includes groundwater resources, as defined and codified by international organizations and instruments. Section D offers a summary and closing remarks. In Part II of this article, groundwater issues are considered in the context of the Gabcikovo-Nagymaros controversy between Hungary and Slovakia. Although the controversy does not focus solely on groundwater issues, the dispute provides fertile ground for the application of international water law, in its fullest sense, to questions of the use and ownership of transboundary groundwater resources.


Transboundary Resources Law

Transboundary Resources Law
Author: Albert Utton
Publisher: Routledge
Total Pages: 330
Release: 2019-06-04
Genre: Law
ISBN: 1000009289

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Originally published in 1987, this is a collection of articles on Transboundary Resources Law. From the preface: “Migratory transboundary resources by their nature of being divided by political boundaries raise unusual challenges to their prudent use and development, and the avoidance of disputes over their use. One only has to recall examples, s


Groundwater

Groundwater
Author: Salman M. A. Salman
Publisher: World Bank Publications
Total Pages: 280
Release: 1999-01-01
Genre: Nature
ISBN: 9780821346136

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"Water is becoming an increasingly scarce resource for most of the world's citizens. The current trends indicate that the overall situation is likely to deteriorate further, at least for the next decade, unless the water profession eschews "business as usual" practices, which can only allow incremental changes to occur." Groundwater is the least understood and least appreciated, yet the most important, natural resource available to mankind. Groundwater represents about 97% of the existing fresh water resources, excluding the resources locked in polar ice. More than one and a half billion people in the urban parts of the world today depend on groundwater. Groundwater supply is more reliable than the seasonal, and sometimes erratic, surface water and provides the main line of defense against drought. Moreover, the quality of groundwater is, by and large, superior to surface water and cheaper to develop. However, when available, data on groundwater is very scanty. As a result, the World Bank is now paying increasing attention to this valuable resource, through both operations and sector work. This publication represents the proceeding of the seminar "Groundwater: Legal and Policy Perspectives" that was organized by the Legal Vice Presidency of the World Bank. It explains some basic technical aspects of groundwater, surveys the regulatory framework for it, and discusses the World Bank experience and international law regarding this precious resource. It is a timely publication and should also assist in a better understanding and appreciation of this valuable source. It will be of interest to Bank staff, borrowing country officials, international agencies and research organizations working on groundwater.


International Law and Freshwater

International Law and Freshwater
Author: Laurence Boisson de Chazournes
Publisher: Edward Elgar Publishing
Total Pages: 489
Release: 2013-01-01
Genre: Nature
ISBN: 1781005095

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ÔFreshwater is an essential resource. This book offers a comprehensive international look at diverse issues arising from water use for human consumption, agriculture, energy, industry, waste disposal and ecosystem conservation. The contributions, written primarily but not exclusively by legal experts, are highly informed and insightful. In addition to more traditional topics, they address the WTO and natural resources, EthiopiaÕs large-scale commercial farms, and aquifer management in the Geneva region and Latin America. An important read for scholars, policy-makers, and concerned citizens.Õ à Edith Brown Weiss, Georgetown University, US ÔThis excellent book covers the important legal and political perspectives on the worldÕs freshwater resources. The chapters, written by distinguished experts from academia and practice, systematically address issues of economics, environment, sovereignty over resources, energy, conflict resolution, and in addition offer some in depth case studies. A wonderful book and compulsory reading for who needs to have the full picture of the complex international dynamics of freshwater in our time.Õ à Catherine Bršlmann, University of Amsterdam, The Netherlands ÔThis volume provides a masterful investigation of the multiple points of interaction between freshwater and international law, and compelling and insightful analyses of such interactions bearing out and substantiating the thrust of the volume à mapping out the Òmultiple challengesÓ facing international law in its water governance role at different, relevant scales à global, regional and sub-regional. The volumeÕs focus on these Òmultiple challengesÓ is particularly welcome at a time when the planetÕs freshwater endowment is coming under increasing pressure from a multiplicity of factors, forcing policymakers, lawmakers, government negotiators and private-sector players on the water scene to challenge well-established behavioural and regulatory patterns, domestically and in relation to transboundary inter-State relations. In its stimulating multifarious approach, the volume offers fresh and insightful perspectives of some tested facets of the water governance role of international law, dealing with rivers, lakes and groundwater aquifers shared by a multiplicity of States. Some novel facets like, notably, the human right to water, trans-national trade in land and water resources, the rights of local communities, and State succession to water treaties, are also canvassed masterfully, adding to the value of the volume not only to international water law specialists, but also to the vast and growing population of water professionals in general. In sum, the volume is a must for all those who know and practise international and domestic water law, who influence the international water governance debate at the global, regional, and sub-regional scales, and who, in general, interact with water resources in the transboundary but also in the domestic setting of their respective countries.Õ à Stefano Burchi, Chairman of the International Association for Water Law à AIDA ÔEssential as it is to human life, over one billion people currently lack access to safe drinking water and by 2025 this group could grow to three billion. Nowhere is this situation more critical than in the over 260 international drainage basins shared by two or more states where more than half of the worldÕs population will reside by the year 2050. International Law and Freshwater is an outstanding piece of legal and policy scholarship that poignantly, thoughtfully and effectively addresses the who, what, where, when and how of international waters governance and international law.Õ à Richard Kyle Paisley, University of British Columbia, Canada The issues surrounding water embody some of the greatest challenges of the 21st century. The editors of this timely book have brought together the leading authors in the field to explore the key questions involving international law and water governance. International Law and Freshwater connects recent legal developments through the breadth and synergies of a multidisciplinary analysis. It addresses such critical issues as water security, the right to water, international cooperation and dispute resolution, State succession to transboundary watercourse treaties, and facets of international economic law, including trade in Ôvirtual waterÕ and the impacts of Ôland grabsÕ. Containing detailed analysis and thought-provoking solutions, this book will appeal to researchers and academics working in the legal field, as well as international relations and natural sciences. Water practitioners, public officials, diplomats and students will also find much to interest them in this insightful study.