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New Report Examines Factors Relating to the Equitable Utilization of International Watercourses

Posted on: Wednesday, 1 August 2007, 06:04 CDT

Research and Markets (http://www.researchandmarkets.com/reports/c64458) has announced the addition of Environmental Protection of International Watercourses under International Law to their offering.

McIntyre's work explains the legal means by which requirements of environmental protection influence the determination of a reasonable and equitable regime for allocating rights to riparian states to utilize shared freshwater resources. The work examines the means and processes by which environmental considerations can act upon the operation of the principle of equitable utilization. The volume provides a comprehensive analysis of the subject, outlining the development, scope and operation in general and customary international law of key rules of environmental protection.

About the Author/Editor

Owen McIntyre lectures in Environmental Law, EU Law, International Law, and Comparative Law at University College, Cork, Ireland. He has published extensively in all areas of environmental law, in particular in relation to emerging principles of environmental law and environmental liability. He serves on the editorial boards of a number of Irish and International journals.

International Conventions vii

Decisions of Judicial and Arbitral Tribunals xxi

1 Introduction 1

2 Problems, Principles and Terminology

2.1 Potential for Conflict

2.2 Legal Uncertainty

2.3 Conclusion

3 The Principle of Equitable Utilization

3.1 Development and Acceptance of the Principle of

Equitable Utilization

3.2 Conceptual Basis of the Principle of Equitable Utilization

3.3 Equitable Utilization and Environmental Protection

3.4 Conclusion

4 The Rule on Prevention of Significant Harm

4.1 Significant Harm

4.2 Relationship with Equitable Utilization

4.3 Environmental Protection

4.4 Conclusion

5 Equity and the Utilization of Shared Natural Resources

5.1 Equity in International Law

5.2 Equity and Shared International Water Resources

5.3 Conclusion

6 Factors Relating to the Equitable Utilization of International

Watercourses

6.1 Social and Economic Needs

6.2 Population Dependent on the Watercourse

6.3 Existing and Potential Uses

6.4 Conservation, Protection, Development and Economy of Use

6.5 Availability of Alternatives

6.6 Geographic, Hydrographic and Hydrological Factors

6.7 Effects on Other Watercourse States

6.8 Other Factors

6.9 Conclusion

7 Environmental Protection of International Watercourses I:

Substantive Rules of Customary and General International Law

7.1 Obligation to Prevent Transboundary Pollution

7.2 Obligation to Cooperate

7.3 Transboundary Environmental Impact Assessment

7.4 Sustainable Development

7.5 Intergenerational Equity

7.6 Common But Differentiated Responsibility/Intra-Generational

Equity

7.7 Precautionary Principle

7.8 Polluter Pays Principle

7.9 Ecosystems Approach

7.10 Conclusion

8 Environmental Protection of International Watercourses II:

Procedural Rules of Customary and General International Law

8.1 Duty to Notify

8.2 Exchange of Information

8.3 Duty to Consult/Negotiate in Good Faith

8.4 Duty to Warn

8.5 Settlement of Disputes

8.6 Conclusion

9 Conclusion: Environmental Protection as a Factor in Determining

the Equitable Utilization of International Watercourses

9.1 Sustainable Development

9.2 Transboundary Environmental Impact Assessment

9.3 International Commissions

9.4 Custom

9.5 Normative Sophistication

Bibliography

Index

'This is a fascinating study of the principles of international watercourses law and the place of environmental protection within this area of law. It is highly interesting intellectually, extensively researched and presented with skill and care. It should serve as a very useful source of reference for those interested in international watercourses law in general and the interplay between environmental protection of international watercourses and their equitable utilisation in particular.'

-Surya P. Subedi, University of Leeds, UK

'Finally! A new book addressing one of the most important issues of current day: the effective management of the world's water resources, with a particular focus on the rules of international law. Providing an examination of the rules of both water and environmental law, as well as the theroretical and practice-based foundations for their evolution, this work will be useful to students of international law who wish to deepen their knowledge of the evolution and current status of water law.'

-Patricia Wouters, Dundee UNESCO Centre for Water Law, Policy and Science

'Well written and logically laid out, the book takes the reader through the minefield of legal complexity associated with any challenge to state sovereignty. It is an essential read for a wide range of users, whether insight into complex legal arguments, clear and logical explanation of the critical components of international water law, or an investigation into what can be legally and thus morally defended. In short, the book is a welcome addition to the library of any person with a serious interest in the problematique of managing waters that flow across international political borders.'

-Anthony Turton, Council for Scientific and Industrial Research (CSIR), Pretoria, South Africa

For more information visit http://www.researchandmarkets.com/reports/c64458.

Source: Business Wire

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