Research Handbook on Freshwater Law and International Relations


Research Handbook on Freshwater Law and International Relations

9781785360640 Edward Elgar Publishing
Edited by Mara Tignino, Reader, Platform for International Water Law/Geneva Water Hub, Faculty of Law and Christian Bréthaut, Assistant Professor, UNESCO Chair on Hydropolitics, Geneva Water Hub, Institute for Environmental Sciences, University of Geneva, Switzerland
Publication Date: 2018 ISBN: 978 1 78536 064 0 Extent: 552 pp
Recent decades have seen pivotal changes in the management and protection of water resources, with human rights, environmental and water law each developing a strong interest in the conservation of fresh water. This surge in interest has meant that dispute settlement mechanisms, along with diplomatic tools, are becoming increasingly necessary for conflict resolution. This Handbook offers an analysis of the interaction between law and various forms of knowledge and expertise, ranging from economics to environmental and social sciences. Leading scholars examine general and specific water legal regimes and analyse the interplay between various disciplines in order to establish the extent to which law is informed by each.

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Over recent decades, there have been pivotal changes in the management and protection of water resources as human rights, environmental and water law have all turned towards the conservation of freshwater. This Research Handbook analyses the interactions and interplay between law and other fields, bringing together interdisciplinary contributors, from both academic and practitioner background, to establish the extent to which law is being informed by other fields.

Providing expert advice from disciplines ranging from law and political science to geography and hydrogeology, this Research Handbook critically examines the impact on freshwater law on various disciplines. Offering concrete illustrations of the relationships between environmental sciences and law, and combining legal research with theories of international relations and political science, the Research Handbook on Freshwater Law and International Relations provides an original methodology to examine the challenge of freshwater management and protection.

The insights provided by this Research Handbook will be invaluable to law and political science researchers with an interest in freshwater law and international relations, as well as advanced students of environmental sciences and practitioners and decision makers in freshwater management and protection.
Contributors: D. Azaria, A. Aureli, M. Beniston, L. Boisson de Chazournes, T. Bolognesi, C. Bréthaut, L. Caflisch, A. Correia Lima Macedo Franca, A. Dumont, E. Dupuits, E. Fiechter-Widemann, S. Hawkins, S. Kpenou, Z.W. Kundzewicz, C. Leb, L. Maertens, R. Martin-Nagle, M.M. Mbengue, S. McCaffrey, O. McIntyre, M. Milano, N. Odili, G. Pflieger, S.M.A. Salman, E. Reynard, A. Rivera, M. Stoffel, A. Tanzi, M. Tignino, L. Turley, B. Zerhdoud


Introduction: An interdisciplinary inquiry into the relationship between fresh water, the rule of law and international relations
M. Tignino and C. Bréthaut

Part I The characterization of fresh water in international law
1. Fresh water as common heritage and a common concern of mankind
S. Kpenou

2. The economic management of water resources: the case of the investor-State disputes in the context of concession contracts
B. Zerhdoud

3. The environmental management of water resources: what impact on the characterization of fresh water in international law?
M.M. Mbengue and N. Odili

4. Urban water management: from the human right framework to political challenges in Latin America
Emilie Dupuits

5. Water in the practice of the United Nations Security Council: trends and new perspectives
M. Tignino

Part II Sources of international law in the management and protection of fresh water resources
6. The customary law of international watercourses
S.C. McCaffrey

7. ‘Glocal’ water management and regional organizations: multi-level law and transjuridicity
A. Correia Lima Macedo Franca

8. Diplomacy, responsibility and accountability in transboundary water disputes
A. Tanzi

9. Fresh water and energy in international courts and tribunals: hydroelectricity installations on transboundary rivers
D. Azaria

10. Settlement of disputes concerning international watercourses
L. Caflisch

Part III Specific regimes of fresh water resources
11. Fresh water resources and climate change
M. Stoffel, Z.W. Kundzewicz and M. Beniston

12. The human right to water and sanitation: challenges and opportunities
S.M.A. Salman

13. Transboundary aquifers
S. Hawkins and R. Martin-Nagle

14. Responsibility and liability in international law for damage to transboundary fresh water resources
O. McIntyre

Part IV Beyond international law: the interplay between fresh water and social and environmental sciences
15. Studying international water conflict
L. Maertens and G. Pflieger

16. Benefit sharing in international water law: a multi-disciplinary undertaking
L. Boisson de Chazournes and C. Leb

17. An institutionalist perspective on the use of international water law: crafting institutions in a multi-level setting
T. Bolognesi and C. Bréthaut

18. The role of hydrogeology in fresh water management
A. Rivera, A. Dumont and A. Aureli

19. The role of geography in fresh water management
M. Milano and E. Reynard

20. The role of ethics in fresh water management: linking the ethic of conviction and the ethic of responsibility
E. Fiechter-Widemann


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