Fresh Water in International Law by Laurence Boisson de Chazournes

By Laurence Boisson de Chazournes

This publication addresses the various ways that overseas legislation governs the makes use of, administration, and safety of clean water. The overseas legislations of unpolluted water is such a lot comprehensively understood within the mild of different our bodies of norms acceptable to those various makes use of and services.

The legislation of clean water has essentially constructed in the course of the end of treaties bearing on overseas watercourses. but a few different felony regimes additionally practice to the governance of unpolluted water. specifically, there was an expanding acceptance of the significance of clean water to environmental safeguard. the improvement of foreign human rights legislations and foreign humanitarian legislation has additionally confirmed the most important for making sure the sound and equitable administration of this source. additionally, the commercial makes use of of unpolluted water characteristic prominently within the legislations appropriate to watercourses, whereas water itself has turn into a huge portion of the alternate and funding regimes. those our bodies of ideas and ideas not just floor in an array of dispute cost mechanisms, but additionally stimulate wider developments of institutionalization.

The booklet investigates the starting place and scope of those our bodies of norms as they observe to clean water, and demonstrates how they attach and adapt to each other, forming an built-in physique of foreign rules. This technique is followed via an in depth research of the perform of states and of foreign agencies, bearing in mind the actions of the various non-state actors enthusiastic about the therapy of clean water.

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One of the virtues of such instruments is to lay down the constitutive foundations for a legal regime. The regime is then supposed to be further elaborated through additional treaties, protocols, amendments, guidelines, or other types of instruments. It is interesting to note that all international watercourses can be distinguished from each other by some of their unique characteristics, be they geographic, climatic, or human (this list being non-exhaustive). This makes the UN Watercourses Convention a framework convention for bilateral, regional, or basin-wide agreements that can be adjusted to specific cases.

77 The ILC has explained that in case of conflict among different uses: 75 . . in deciding upon the manner in which such a conflict is to be resolved, watercourse States are to have ‘special regard . . to the requirements of vital human needs’. That is, special attention is to be paid to providing sufficient water to sustain human life, including both drinking water and water required for the production of food in order to prevent II. International watercourses and their uses 23 equitable and reasonable utilization, participation, and the obligation not to cause significant harm should guide the parties in their search for a mutually agreed solution, in addition to the requirements derived from satisfying vital human needs.

Caflisch, ‘Règles générales du droit des cours d’eau internationaux’. 23 L. Caflisch, ‘Règles générales du droit des cours d’eau internationaux’, 104–32. 24 The principle of freedom of navigation was of paramount importance to the European Powers, their colonial expansion, and the development of their commercial activities. The ICJ observed in the Kasikili/Sedudu Island case ‘that navigation appears to have been a factor in the choice of the contracting powers in delimiting their spheres of influence.

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