The Law of International Watercourses by Stephen McCaffrey

The Law of International Watercourses

byStephen McCaffrey

Hardcover | May 24, 2007

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The Law of International Watercourses examines the rules of international law governing the navigational and non-navigational uses of international watercourses. The continued growth of the world's population places increasing demands on Earth's finite supplies of fresh water. Because two ormore States share many of the world's most important drainage basins - including the Danube, the Ganges, the Indus, the Jordan, the Mekong, the Nile, the Rhine and the Tigris-Euphrates - competition for increasingly scarce fresh water resources is likely to increase. Agreements between the statessharing international watercourses will be negotiated, and disputes over shared water will be resolved, against the backdrop of the rules of international law governing the use of this precious resource. The basic legal rules governing the use of shared freshwater for purposes other than navigation are reflected in the 1997 UN Convention on the Law of the Non-Navigational Uses of International Watercourses. This book devotes a chapter to the 1997 Convention but also examines the factual and legalcontext in which the Convention should be understood, considers the more important rules of the Convention in some depth and discusses specific issues that could not be addressed in a framework instrument of that kind. The book reviews the major cases and controversies concerning internationalwatercourses as a background against which to consider the basic substantive and procedural rights and obligations of states in the field. The present second edition adds a chapter on the law of navigation on international waterways. The chapter considers the historical development of the law of freedom of navigation, reviews the major cases in the field and draws conclusions regarding the present state of the law. This edition also updates the entire book, adds new material to many of the chapters and adds a number of new case studies to the chapter devoted to those.

About The Author

Stephen McCaffrey is Distinguished Professor and Scholar at the University of the Pacific, McGeorge School of Law in Sacramento, California, USA. He was the Special Rapporteur for the work of the UN International Law Commission on the Law of the Non-Navigational Uses of International Watercourses
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Details & Specs

Title:The Law of International WatercoursesFormat:HardcoverDimensions:640 pages, 9.21 × 6.14 × 1.46 inPublished:May 24, 2007Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199202532

ISBN - 13:9780199202539

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Table of Contents

Part I. Introduction1. Human Use of Fresh Water and the Coming Era of Water Scarcity2. The Concept of the International Watercourse SystemPart II. Theoretical Bases of the Law of International Watercourses3. Theoretical Bases of International Watercourse Law: Introductory Considerations4. International Watercourses as Exclusively National Resources: The "Harmon Doctrine" in United States Practice5. Theoretical Bases of International Watercourse Law: An Examination of the Four Principal Theories6. The Contribution of the Law of NavigationPart III. The Major Cases and Controversies7. The Major Cases8. Selected Case StudiesPart IV. Fundamental Rights and Obligations9. Introduction: The 1997 United Nations ConventionA. Substantive Obligations10. The Obligation to Utilize An International Watercourse in an Equitable and Reasonable Manner11. The Obligation to Prevent Harm to Other Riparian States12. The Obligation to Protect International Watercourses and Their EcosystemsB. Procedural Obligations13. Procedural ObligationsC. Groundwater14. The Special Case of GroundwaterD. Dispute Avoidance and Settlement15. Dispute Avoidance and Settlement: Selected AspectsAnnexesI. United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses (1997) with Statements of Understanding regarding certain provisions of the UN ConventionII. Helsinki Rules on the Uses of the Waters of International Rivers (1966)III. International Law Commission, Resolution on Confined Transboundary Groundwater

Editorial Reviews

`Review from previous edition '...every international lawyer should have at least a passing familiarity with the subject. There is perhaps no better place to begin than with The Law of International Watercourses...[an] impressive study...thorough and comprehensive...''Joseph W. Dellapenna, The American Journal of International Law