History of Water, A, Series III, Volume 2 Sovereignty and International Water Law

by Tvedt, Terje; McIntyre, Owen; Woldetsadik, Tadesse

• ISBN13: 9781780764481
• ISBN10: 1780764480
• Format: Hardcover
• Copyright: 2015-03-25
• Publisher: I. B. Tauris

Summary

As global climate change threatens to change radically both the political and physical climate with regard to water issues, so a reassessment of some of the fundamental principles of international water law is emerging. One of the most important principles being reassessed is the sovereign equality of states. This volume brings together more than thirty leading international water and legal specialists to explore the development and changing relationship between water, state sovereignty and international law.

Offering fresh insights into one of the most pressing issues in global water policy, Sovereignty and International Water Law will form an essential reference for water professionals, legal specialists and policy makers alike.

Author Biography

Terje Tvedt is Professor of Geography, University of Bergen and Professor of Political Science and Global History, University of Oslo, Norway. He has published extensively on water related topics and presented two successful television documentaries, shown in 150 countries. His books include The River Nile in the Age of the British (2004) and A Journey in the Future of Water (2103).

Owen McIntyre is Senior Lecturer, Faculty of Law, University College Cork, specialising in Environmental Law. He acts as a consultant to organisations such as the World Bank, UNDP, UNEP, EU, SIDA and GTZ on matters related to environmental law and international water law. He is a member of the Project Complaints Mechanism of the European Bank for Reconstruction and Development and of the Scientific Committee of the European Environment Agency as an expert on European and International Environmental Law. He is the author of Environmental Protection of International Watercourses under International Law (2007).

Tadesse Kassa Woldetsadik is Dean and Assistant Professor of Law and Human Rights, College of Law and Governance Studies, Addis Ababa University. He holds a PhD from the Faculty of Law, University of Oslo. His research interests include international watercourses law and Ethiopia's national human rights system. He is the author of International Watercourses Law in the Nile Basin: Three States at a Crossroads (2013 ).

Table of Contents

Part I: State Sovereignty, Water Systems, and the Development of International Water Law

1. Sovereignty, the Web of Water and the Myth of Westphalia
Terje Tvedt, Owen McIntyre and Tadesse Kassa Woldetsadik

2. The Evolution of Water Law
Joseph W. Delapenna and Joyeeta Gupta

3. The Siren Song of Sovereignty in International Water Relations
Stephen McCaffrey

4. The History of Water Law in the Common Law Tradition
William Howarth

5. The History of Water Law in Scandinavia
Ernst Nordtveit

6. The Concept of Sovereignty in the Jurisprudence of the International Court of
Justice
Sergio Marchisio


Part II: Contemporary Challenges to State Sovereignty


7. Determining Sovereign Rights and Duties over International Water Courses: The
Contribution of the International law Commission and the UN General Assembly
Alistair Rieu-Clarke

8. Sovereignty and Equitable Utilization of International Waters: Central Asia, Africa
and the Middle East
Remy L. de Jong

9. Territory, Resource Rights, and Rivers: A Philosophical Case for Overlapping
Jurisdiction
Cara Nine

10. The History and Development of the 'Community of Interests' Doctrine
Flavia Loures

11. Reconciling Sovereignty with Supranationality: Lessons from the Nordic Countries
Julie Gjørtz Howden

12. Integration of the Right to Water in International Law: Circumventing and
Bypassing State Sovereignty
Sylvie Paquerot

13. State Sovereignty and Transboundary Aquifers
Raya Marina Stephan and Gabriel de los Cobos

14. Sovereignty and the Procedural Rules of International Water Law
Owen McIntyre

15. Addressing Water Security Challenges: The International Law 'Duty to Cooperate'
as a Limit to Absolute State Sovereignty
Patricia Wouters


Part III: Regional Case Studies


16. Sovereignty and Equitable Utilization: A Regional Implementation Summary
Lilian del Castillo Laborde

17. State Sovereignty and Shared Water Resources under the Islamic Legal Tradition
Yadgar Ahmad

18. The Water History of Colorado and the Western United States
Tom Cech

19. Sovereignty and the Joint Management of Shared Transboundary Water Resources
in the West African Sub-Region
Joe Goldface-Irokalibe

20. The Principles of Transboundary Water Resources Management in the Frontier
Watercourses Agreement Between Finland and Russia
Mizanur Rahaman

21. Reflections and Trends on Sovereignty over Natural Resources: The ASEAN
Amado E.Tolentino

22. Australian Water Law History: The Move from Introspective State Sovereignty to
a National Interest Approach and the Influence of International Law
Jennifer McKay

23. Transboundary Water Law: The Practice of the Peoples' Republic of China
Desheng Hu

24. The Concept of State Sovereignty and River/Lake Basin Law in South Eastern
Europe
Slavko Bogdanovic


25. The Development of European Water Law and State Sovereignty
Christoph Vedder and Stefan Lorenzmeier

26. Nationalism, State Sovereignty and International Water Management in the
Zambezi River Basin
Dean Kampanje-Phiri


Part IV: International River Basin Case Study - the River Nile

27. Water Systems, Water Agreements and State Sovereignty: The Nile Waters
Agreement of 1929
Terje Tvedt

28. Constructing Dams: Between the Sovereignty of States and the Rules of
International Water Law
Mohamed Sameh Amr

29. Remodeling Sovereignty: Overtures of a New Water Security Paradigm in the Nile
Basin Legal Discourse
Tadesse Kassa Woldetsadik

30. The Doctrines of Sovereignty and the Equitable Utilization of International Waters
under the Agreement on the Nile River Basin Cooperative Framework
Charles Okidi

31. Uganda: Sovereignty and International Water Agreements
Emmanuel B. Kasimbazi

Index