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Vol 21 No 11 Nov/Dec 2016

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International Law for a Water-Scarce World


ISBN13: 9789004250406
Published: November 2013
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £137.00



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The fresh water crisis is the new environmental crisis of the 21st century. By 2050, 993 million people are projected to live in cities with perennial water shortages; 3.1 billion will confront seasonal water shortages within their urban areas.

The traditional legal principles upon which existing water management is based are likely to be insufficient to deal with the water problems that loom from projected climate change, population growth, food production, increased industrialization, and ecosystem needs.

This volume, a fully revised and expanded version of the lectures given by the author at the Hague Academy of International Law in 2007 focuses on the evolution of international water law in the context of this changing world. Chapter I covers the basic principles of international water law. Chapter II offers a critique of international water law and challenges for the future. Chapter III analyses the evolution of international water agreements over the past two centuries.

The analysis draws upon empirical data from more than 2,000 international agreements in a database developed by the author. Chapter IV focuses on the different techniques for resolving disputes and the international fora for doing so. Chapter V considers international institutions associated with international water agreements. Chapter VI addresses the issue of a human right to water and the right of indigenous peoples to water. Chapter VII analyses the implications of international water markets for international trade law, and vice versa, and addresses increasingly important issues associated with virtual water.

Subjects:
Environmental Law, Public International Law
Contents:
List of Figures and Tables
List of Acronyms and Abbreviations
Acknowledgments
Introduction: The Fresh Water Crisis:
I. The Problem of Fresh Water Availability
II. The Problem of Water Quality
III. Implications for Water Law

Chapter I Principles of International Water Law
I. International Water Law Principles
II. Obligations in International Water Law
III. The Treatment of Ground Water
IV. Concluding Comments

Chapter II Challenges For International Water Law
I. Critique of Existing Water Law
II. Fresh Water as a Global Resource
III. Concluding Comments

Chapter III International Water Agreements
I. The History of International Water Agreements
II. The Overarching Agreements
III. Concluding Comments

Chapter IV Settlement of International Water Disputes
I. Trends in the Characteristics of International Water Disputes
II. Dispute Settlement Procedures
III. Provisions for Dispute Settlement in International Water Agreements
IV. Concluding Comments

Chapter V Fresh Water Institutions
I. History and evolution
II. Scope and coverage
III. Structure and function
IV. Effectiveness
V. Concluding Observations

Chapter VI Right to Water
I. The Intragenerational Right to Water
II. The Intergenerational Aspects of the Right to Water
III. Legal Bases for A Right to Water
IV. Implementing a Right to Water
V. The Right to Water in National Constitutions and Local Instruments
VI. Indigenous Peoples’ Right to Water
VII. The Accompanying Right to Sanitation
VIII. Concluding Comments

Chapter VII Water Markets and International Trade Law
I. Transboundary Water Movements
II. The Relevance of WTO GATT 1994 to Water Markets
III. Should WTO GATT 1994 Apply to Bulk Water Transfers?
IV. Options for Clarifying Whether WTO GATT 1994 Applies
V. Water subsidies and water-related domestic support
VI. Virtual Water Transfers
VII. Concluding Comments

List of Cases and Arbitrations
Bibliography
Index.