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Vol 22 No 2 Feb/March 2017

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Cover of Spencer Bower: Reliance-Based Estoppel

Spencer Bower: Reliance-Based Estoppel

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Sharing Transboundary Resources: International Law and Optimal Resource Use

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Eyal BenvenistiHebrew University of Jerusalem

ISBN13: 9780521640985
ISBN: 0521640989
Published: April 2002
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £64.00

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Why do states often fail to cooperate, using transboundary natural resources inefficiently and unsustainably? Benvenisti examines the contemporary international norms and policy recommendations that could provide incentives for states to cooperate. His approach is multi-disciplinary, proposing transnational institutions for the management of transboundary resources. Benvenisti takes a fresh approach to the problem, considering mismanagement as the link between domestic and international processes.

As well, he explores reasons why some collective efforts to develop the international law on transnational ecosystems have failed, while others succeeded. This inquiry suggests that adjudicators need to be assertive in progressively developing the law, while relying on scientific knowledge more than on past practice. Global water policy issues seem set to remain a cause for concern for the foreseeable future; this study provides a new approach to the problem of freshwater, and will interest international environmentalists and lawyers, and international relations scholars and practitioners.

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Public International Law
1. The need for collective action in the management of transboundary resources
2. States as collective actors
3. The transnational conflict paradigm: structural failures and responses
4. Transnational institutions for transboundary ecosystem management: defining the tasks and the constraints
5. The structure and procedure of institutions for transboundary ecosystem management
6. The development of positive international law on transboundary ecosystems: a critical analysis
7. Efficiency, custom, and the evolution of the law
8. Conclusion.