Utilization of shared international freshwater resources – the meaning and role of “equity” in international water law

McIntyre, Owen

doi:10.1080/02508060.2013.779199

Cited by 41 publications

(8 citation statements)

References 16 publications

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“…63 In other words, the priority should always be given to the factors that are the most relevant to meeting vital human needs in the riparian states and the physical and geographical characteristics of the drainage basin. 64 In this regard, there are criteria for assessing and prioritizing the basic human needs of the dependent population and prioritizing the economic and social needs of the transboundary water states, which is the degree of economic dependency on the waters of particular transboundary waters. 65 These criteria have been mentioned explicitly in Principle V(b) of the 1956 International Law Association's Statement of Principles Resolution of Dubrovnik.…”

Section: Extraterritorial Obligations Of Iran and Afghanistan Regardimentioning

confidence: 99%

Human Right to Water in the Helmand Basin: Setting a Path for the Conflict Settlement between Afghanistan and Iran

Bidabadi

Afshari

2020

Utrecht Law Review

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There is a long-standing dispute between Iran and Afghanistan over the Helmand River. In recent years, between 2002 and 2013, the access to water of the population living in the river basin in Iran has been adversely affected. As the human right to water is recognized at the international level, this paper aims to study the national implementation of the human right to water in both countries. It analyzes Afghanistan's and Iran's legislation, regulation, adopted strategies and policies at the national level. It further assesses if there is an extraterritorial obligation for both countries to respect, protect, and fulfill the human right to water. Finally, it to proposes solutions that would contribute to the fulfillment of the human right to water.

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Section: Extraterritorial Obligations Of Iran and Afghanistan Regardimentioning

confidence: 99%

Human Right to Water in the Helmand Basin: Setting a Path for the Conflict Settlement between Afghanistan and Iran

Bidabadi

Afshari

2020

Utrecht Law Review

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“…One of the most obvious rules to allocate TAC is proportional to the country's coastline (CL). It has now become well established that an essential element of maritime boundary delimitation is the calculation of the relative lengths of the relevant coastlines (Van Dyke, ; McIntyre, ). The CL rule is defined as:

r_{i} = [(1 - a) \sum_{i \in N} c_{i}] {italicδ}_{i}

where

{italicδ}_{i} = l_{i} \underset{i \in N}{false\sum} l_{i}

and l i stands for the coastline length of the i th country.…”

Section: An Approach To Allocating Eu Tacmentioning

confidence: 99%

On the Allocation of Possible EU Total Allowable Catches (TAC) for the Mediterranean Swordfish: An Envy‐Free Criterion and Equitable Procedure

Kampas¹

2014

J Agricultural Economics

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This paper examines the allocation of entitlement rights for the management of common property resources. In particular, the case of allocating a Total Allowable Catch quota for the Mediterranean swordfish is examined as a case study. The proposed approach comprises three steps. First, there is a bargaining procedure between the European Union (EU) and the rest of the International Commission for the Conservation of Atlantic Tunas (ICCAT) countries. As soon as an initial agreement is possible, the EU considers various equitable rationing methods to allocate its share to the European Member States. These rationing methods draw upon two different streams of the literature, bankruptcy and ‘burden sharing’. Finally, the European Member States reach a fair agreement through minimising an envy‐free index. The allocation rule which is defined as the weighted average of equal proportion and equal share rationales represents the best compromise solution.

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“…Therefore, for a river basin such as the Nile, where only two downstream countries fully control the water based on the 1929 and 1959 colonial treaties and disagreements escalate from time to time [12][13][14][15][16][17], implementing the principle of equitable and reasonable utilization by identifying measurable indicators is warranted. If not, the Declaration of Principles (DoP) agreed upon in 2015 by Egypt, Ethiopia, and Sudan to utilize the river based on equitable and reasonable sharing remains unfunctional [18].…”

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confidence: 99%

Quantifying the United Nations’ Watercourse Convention Indicators to Inform Equitable Transboundary River Sharing: Application to the Nile River Basin

Gari

Block

Assefa

et al. 2020

Water

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East African riparian countries have debated sharing Nile River water for centuries. To define a reasonable allocation of water to each country, the United Nations’ Watercourse Convention could be a key legal instrument. However, its applicability has been questioned given its overly generalized guidance and non-quantifiable factors. This study identified and evaluated appropriate indicators that best describe reasonable and equitable principles and factors detailed under Article 6 of the convention in order to allocate Nile River water among the states. Potential indicators (n = 75) were defined based on multiple sources that can address conflicting interests specific to this basin context. A questionnaire based on these indicators was developed and distributed to 215 prominent experts from five professional groups on five continents. To analyze the presence of agreements or disagreements within and outside of the basin, as well as differences across expert groups, a k-mean clustering analysis and statistical tests (ANOVA and t-test) were employed. The results imply agreement on 75% of the proposed indicators by all experts across all continents. However, a significant difference in identifying the importance and relevance of many indicators between experts from Egypt and other countries was evident. This study thus demonstrates how the UN watercourse convention principles can be quantified and applied to transboundary water allocation, and ideally lead to informed discourse between basin countries in conflict.

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Utilization of shared international freshwater resources – the meaning and role of “equity” in international water law

Cited by 41 publications

References 16 publications

Human Right to Water in the Helmand Basin: Setting a Path for the Conflict Settlement between Afghanistan and Iran

Human Right to Water in the Helmand Basin: Setting a Path for the Conflict Settlement between Afghanistan and Iran

On the Allocation of Possible EU Total Allowable Catches (TAC) for the Mediterranean Swordfish: An Envy‐Free Criterion and Equitable Procedure

Quantifying the United Nations’ Watercourse Convention Indicators to Inform Equitable Transboundary River Sharing: Application to the Nile River Basin

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