Environmental Protection of International Watercourses under International Law

McIntyre, Owen

doi:10.4324/9781315580043

Cited by 24 publications

(20 citation statements)

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“…These geographical changes in areas of grape production have intensified the upstream-downstream water conflicts between producers within basins. At regional scale, conflicts between provincial administrations have also been exacerbated due to the recent dominant drought conditions prevailing in most Central Andes basins during the last decade [17,18].…”

Section: Introductionmentioning

confidence: 99%

Spatio-Temporal Patterns of the 2010–2015 Extreme Hydrological Drought across the Central Andes, Argentina

Rivera

Penalba

Villalba

et al. 2017

Water

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During the period 2010-2015, the semi-arid Central Andes in Argentina (CAA) experienced one of the most severe and long-lasting hydrological droughts on record. Since the snowmelt is the most important source of water, the reduced snowfall over the mountains propagated the drought signal through the streamflows in the adjacent foothills east of the Andes ranges. Motivated by the widespread impacts on the socio-economic activities in the region, this study aims to characterize the recent hydrological drought in terms of streamflow deficits. Based on streamflow data from 20 basins, we used the standardized streamflow index (SSI) to characterize hydrological droughts during the period 1971-2016. We found that the regional extent of the 2010-2015 hydrological drought was limited to the basins located north of 38 • S, with mean duration of 67 months and maximum drought severity exhibiting a heterogeneous pattern in terms of spatial distribution and time of occurrence. The drought event reached extreme conditions in 14 of the 15 basins in the CAA, being record-breaking drought in six of the basins. This condition was likely driven by a cooling in the tropical Pacific Ocean resembling La Niña conditions, which generated a decrease in snowfall over the Andes due to suppressed frontal activity.

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Section: Introductionmentioning

confidence: 99%

Spatio-Temporal Patterns of the 2010–2015 Extreme Hydrological Drought across the Central Andes, Argentina

Rivera

Penalba

Villalba

et al. 2017

Water

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“…The first of these obligations is to utilise the shared watercourse or the transboundary aquifer in an equitable and reasonable manner. This is the fundamental principle that water-users should be afforded equal access to water, along with the responsibility to be mindful and reasonable users of the shared resource (UNWC, 1997: Article 5;Draft Articles, 2008: Article 4;McCaffery, 2007;McIntyre, 2007). This principle is difficult to pin point as its application will always be based on the context to which it applies and the outcome will depend on a weighing and balancing of specific factors that States need to take into account when utilising the shared resource, which will ultimately define whether the latter has been used in an equitable and reasonable manner (UNWC, 1997 The third and final transboundary water governance substantive criterion is to protect and conserve water-related ecosystems.…”

Section: The Good Transboundary Water Governance Matrixmentioning

confidence: 99%

Good transboundary water governance in the 2015 Sustainable Development Goals: a legal perspective

Orme

Cuthbert

Sindico

et al. 2015

Water International

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The goal of this paper is to discuss whether the Sustainable Development Goals (SDGs) address the cooperation necessary to facilitate a system of transboundary water governance. To do so we developed a Matrix of Good Transboundary Water Governance. We conclude that transboundary water governance requires a holistic interpretation and implementation of the SDGs understood as a whole. In particular, good governance and, ultimately, sustainable development require stakeholders to focus not only on the water SDG (SDG 6), but also on SDG 16, which focuses on international cooperation.

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“…In contrast, the doctrine of limited territorial sovereignty asserts that "every riparian State has a right to use the waters of the international river, but is under a corresponding duty to ensure that such use does not harm other riparians" (Salman, 2007, p. 627). In many senses, the doctrine of limited territorial sovereignty (also known as shared sovereignty -see McIntyre, 2007;Stephens, 2012) tackles basin-border dissonance by trying to rise above the restrictive notion of sovereignty, while absolute territorial sovereignty seeks to re-establish a centuries-old order. Both doctrines appear to be influential, currently.…”

Section: 5mentioning

confidence: 99%

“…Brooks, 2011;Dellapenna, 2001;McCaffrey, 2008;McIntyre, 2007;Wegerich & Olsson, 2010). The case for the supremacy of equitable and reasonable use is based on the detail of its seven illustrative factors -which includes the possible harm (as well as benefits) of the intended use, as discussed later.…”

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confidence: 99%

The relevance of international water law to later-developing upstream states

Zeitoun

2015

Water International

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The relevance of the main instruments of international water law to the hydraulic development projects of later-developing upstream states is explored, for a non-legal audience. Relevance is gauged by querying common misperceptions, checking the compatibility of the instruments, and considering their effect along the Nile, Jordan and Tigris Rivers and associated aquifers. Specific principles of international water law are found to support upstream development in theory, though its relevance is threatened by incompatibility of clauses between the instruments, the erosion of normbuilding processes, and a shift away from the idea that territorial sovereignty over a fluid resource should be limited. 2 The question arises in the non-legal water community: Should we care enough about this progress to learn the language and issues, and engage in the debates?Certainly water resource managers, diplomats and researchers should, for tensions between upstream and downstream states are increasing, and a compelling case has been made that IWL favours those downstream nations that have already developed the transboundary resource (Wegerich & Olsson, 2010). This article queries that argument by investigating the extent to which IWL is relevant to the later-developing, upstream states. It follows a tradition of articles on water law in Water International (e.g. Leb, 2015;Vink, 2014;Wouters & Chen, 2015), though in considering also the politics of water interaction between states, it is written for a non-legal water audience. The relevance is gauged by reviewing common misperceptions about law and lesser-known clauses, then by cross-checking the mutual compatibility of the many legal instruments that make up the body of IWL, and finally by querying the effect of IWL on the behaviour *Email: m.zeitoun@uea.ac.uk 2 of riparian states along the Jordan, Nile, and Tigris Rivers and associated aquifers. This is preceded by a critical review of the relevant legal principles and debates, and followed by discussion of the implications of the findings.The analysis finds that on the whole, IWL is entirely relevant to all late-developing upstream states. Taken (momentarily) out of the political context, the chief legal instruments are found to contain no provisions which compromise upstream development or privilege downstream development. This theoretical relevance of IWL is found to be threatened, however, through a perceptible shift away from coordinated to unilateral transboundary activity, through erosion of the norm-building feature of international law (as when IWL is ignored or discredited by those seeking to maintain the status quo) and through incompatible clauses (in particular the sovereignty clause in the Draft Aquifer Articles). IWL's actual influence over the transboundary water arrangements in the cases considered is found to be qualified, revealing how the threats may and do play out in practice. The article argues that the advances IWL has made in tackling the collective challenge of governing a fluid transboundary resource a...

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Environmental Protection of International Watercourses under International Law

Cited by 24 publications

References 0 publications

Spatio-Temporal Patterns of the 2010–2015 Extreme Hydrological Drought across the Central Andes, Argentina

Spatio-Temporal Patterns of the 2010–2015 Extreme Hydrological Drought across the Central Andes, Argentina

Good transboundary water governance in the 2015 Sustainable Development Goals: a legal perspective

The relevance of international water law to later-developing upstream states

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