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    The Law of International Watercourses

    The Law of International Watercourses by McCaffrey, Stephen C.;

    Series: Oxford International Law Library;

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      • Publisher's listprice GBP 185.00
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    Product details:

    • Edition number 3
    • Publisher OUP Oxford
    • Date of Publication 28 February 2019

    • ISBN 9780198736929
    • Binding Hardback
    • No. of pages688 pages
    • Size 237x165x44 mm
    • Weight 1164 g
    • Language English
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    Short description:

    This fully updated new edition of The Law of International Watercourses examines the rules of international law governing the use of international rivers, lakes, and groundwater shared by two or more countries.

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    Long description:

    The Law of International Watercourses is an authoritative guide to the rules of international law governing the navigational and non-navigational uses of international rivers, lakes, and groundwater. The continued growth of the world's population places increasing demands on Earth's finite supplies of fresh water. Because two or more 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 will only increase. Agreements between the States sharing international watercourses are negotiated, and disputes over shared water are 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 legal context 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 international watercourses as a background against which to consider the basic substantive and procedural rights and obligations of States in the field.

    The third edition covers the implications of the 1997 Convention coming into force in August 2014, and the compatibility of the 1997 and 1992 Conventions. This edition also updates the entire book, adds new material to many of the chapters, and adds a number of new case studies, including Pulp Mills on the River Uruguay (Argentina v. Uruguay) and Certain Activities carried out by Nicaragua in the Border Area (Costa Rica v. Nicaragua), amongst others.

    This detailed, copiously researched and eminently readable text on international watercourses from Oxford University Press (OUP) sheds the light of rigorous scrutiny and special expertise on a host of issues relating to international watercourses; environmental as well as legal. ... Indubitably this is a book which deserves a place in every well-stocked law library.

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    Table of Contents:

    Part I. Introduction
    Human Use of Fresh Water and the Coming Era of Water Scarcity
    The Concept of the International Watercourse System
    Part II. Evolution and Theoretical Bases of the Law of International Watercourses
    The Evolution of the Law of International Watercourses
    Theoretical Bases of International Watercourse Law: An Examination of the Four Principal Theories
    The Contribution of the Law of Navigation
    Part III. The Major Cases and Controversies: A Survey of State Practice
    The Major Cases
    Selected Case Studies
    Part IV. Fundamental Rights and Obligations
    Introduction: The 1997 United Nations Convention and Its Precursors
    A. Substantive Obligations
    Equitable and Reasonable Utilization
    The Obligation to Prevent Harm to Other Riparian States
    The Obligation to Protect International Watercourses and Their Ecosystems
    B. Procedural Obligations
    Procedural Obligations
    C. Groundwater
    The Special Case of Groundwater
    D. Dispute Avoidance and Settlement
    Dispute Avoidance and Settlement: Selected Aspects

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