Preview

Critically Analyse How International Law Reconciles Competing Claims over Transboundary Freshwaters

Powerful Essays
Open Document
Open Document
1377 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Critically Analyse How International Law Reconciles Competing Claims over Transboundary Freshwaters
Group 4: Critically analyse how international law reconciles competing claims over transboundary freshwaters

1. Why reconciling disputes over international Watercourses is important
This paper will examine how international law reconciles competing claims over transboundary freshwaters, focusing on the 1997 UN Watercourse Convention.

A pressing issue for the next generations to come will be the management of the worlds limited freshwater resources. A huge number of these freshwater resources are found in transboundary rivers and lakes. That is why the rules that allocate these resources and settle disputes over them are of the utmost importance.

The availability of freshwater has decreased because of different factors such as environmental degradation and overexploitation, increasing agricultural and industrial demand and population growth. About 2.3 billion people live in river basins that are under water stress today and approx. 1.7 billion people suffer from water shortage. By 2025 2.4 billion people will suffer from severe water distress. This means that half of the world’s population will not have enough freshwater or will not have access to freshwater.

To understand the importance of international rules allocating freshwater resources and the cooperation of states over transboundary water sources, one must consider that there are more than 260 international river basins which are shared by more than 144 countries and an great number of international aquifers (underground layer of water -bearing permeable rock or unconsolidated materials from which ground water can be extracted).

Failure to reconcile competing claims over transboundary freshwaters between two or more states may lead to serious economic, social and environmental problems, the most basic one being people not having enough water to drink.

2. International water law and it’s principles
What is the existing legal framework that governs transboundary fresh water



References: Wouters Patricia “The Role of International Water Law in Promoting Sustainable Development”, 12 Water Law (2001)281-283 (with A. Rieu-Clarke), (cit. Wouters 2001). Beyerlin Ulrich International Environmental Law, 2011, (cit. Beyerlin/Marauhn). [ 7 ]. 1997 UN Watercourse Convention, Article 5. [ 9 ]. 1997 UN Watercourse Convention, Article 6. [ 10 ]. 1997 UN Watercourse Convention, Article 7. [ 12 ]. 1997 UN Watercourse Convention, Article 12. [ 13 ]. 1997 UN Watercourse Convention, Article 33.

You May Also Find These Documents Helpful

  • Best Essays

    Atlanta recently received confirmed rights to use the ACF and the ATF Basins as sources for drinking water. The multi-decade long battle between Alabama, Florida, and Georgia, during which Atlanta had been using the water [quasi-legally], ended this summer in Atlanta’s favor to the general consternation of Alabamans and Floridians. At first glance, the fact that Atlanta claims rights to a lake in Georgia (40 miles North of Atlanta) would not seem to be an interstate problem. However, arguments from Alabama and Florida that the rivers flowing out of the lake continue through those states, and that the original provision of the dam and lake had nothing to do with water supply have provided confusion over who has primary rights. Like many other downstream constituencies of rivers all over the world,…

    • 4723 Words
    • 19 Pages
    Best Essays
  • Powerful Essays

    MWC

    • 1243 Words
    • 4 Pages

    Water. It’s the world’s single most important resource and without it life isn’t possible- it has the power to determine our future and its becoming scare. In South Asian countries we find that they deal with immense conflict over sharing river water supplies in both downstream and upstream regions. After watching the film “Blue Gold”, it has come to my realization there is an increasingly political issue and tension regarding the control of water supplies. In India and China water shortages pose a social and economic threat throughout areas such as India, Pakistan, Nepal, and Bangladesh. The issue we find here is about distribution; there are regions where water is abundant, but others are unfortunately going dry and are in dire need of clean water. In addition to this problem there is an enormous amount of pollution being dumped in freshwater supply. “Blue Gold” presented controversy over infrastructure of dams and canals meant for good by providing hydropower ad irrigation, but only causes the rivers to dry. The Ganges River had been in a long dispute by India and Bangladesh because together they share a common river system. Furthermore, water projects have also caused problems by displacing people in these regions and have contributed to the destruction of the ecosystem. In short, the unfortunately poor region is not in favor of privatization because it doesn’t benefit them. Privatization helps higher classes in society, those who can afford water, but makes it harder on the low class.…

    • 1243 Words
    • 4 Pages
    Powerful Essays
  • Good Essays

    According to the International Water Management Institute environmental research organisation global water stress is increasing, and a third of all people face some sort of water scarcity. Where demand exceeds supply and no effective management operates, there will be conflicts between the various players involved.…

    • 915 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Geography HW 6

    • 522 Words
    • 2 Pages

    Using named examples, assess the role of different players and decision-makers in trying to secure a sustainable ‘water future’. [15]…

    • 522 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Purpose: This text was written in order to bring light to the fact that as the science of hydrology has grown enormously in recent years, the legality that dictates how ground and surface water may be used has been stuck in the 1800s.…

    • 592 Words
    • 3 Pages
    Good Essays
  • Good Essays

    With reference to a located example examine how a river basin can be a multi use resource and how conflicts can arise.…

    • 993 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Looking for Abrandi

    • 1518 Words
    • 7 Pages

    This video provides an overview of the global geographic issue of access to fresh water. It investigates: - the social and ecological dimensions of the issue - different approaches to management of fresh water (at various scales) - conflict within and between communities - implications for social justice and equity The video includes an introductory section that provides facts about global water resources – availability, distribution and consumption. Then the video examines issues surrounding access to fresh water, through three sample studies in the Middle East, China, and Australia. The conclusion…

    • 1518 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    “1.4 billion people now lack sufficient clean drinking water, and seven million a year die from the disease linked to unsanitary water. The problem is getting worse: an estimated 20 percent more water than is now available will be needed to supply the needs of the three billion additional human beings who will be alive by 2025” (Geddes). Recently the drought issue is becoming worse. In the article, “The Ocean’s Greatest Gift” by Kurt Stehling, he claims the world should use the nearby ocean to solve the drought problem. From a broader perspective, John Geddes, author of the article, “Water Wars,” state water can also be considered a commodity, the same as goods for trading purposes. In the debate around the drought, one controversial proposal…

    • 979 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Ed Hunt, A Takings of Water, Can’t We Find A Better Way to End Water Conflicts?, (February 12, 2004), available at: http://www.klamathbasincrisis.org/esa/esa%20lawsuits/esaltakingsofwater021704.htm.…

    • 1634 Words
    • 7 Pages
    Good Essays
  • Powerful Essays

    The Issues of Water War

    • 1119 Words
    • 5 Pages

    Water is essential for life; it is an indispensable resource for the economy. Not only we human use it every day to survive, but every living organism needs it to live. Water is becoming a hot topic around the globe because of water waste and water pollution. A few states and cities are also having water wars. There are many states and cities with many issues of these water wars, but the issues with the tri-state water wars between Georgia, Alabama, and Florida caught my attention. For a long times, Georgia, Alabama and Florida has been fighting over the future supply of water from the Apalachicola Chattahoochee Flint (ACF) river basin and the Alabama Coosa Tallapoosa (ACT) River Basin. It is a battle between the population of Atlanta, the ecological interests of Florida, and the municipal, industrial, and power uses of Alabama. Each state has its own interest and issues about the suitable distribution of water.…

    • 1119 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    The method of authority as presented by Charles S. Peirce as way to "fix beliefs" and “doubts” and to address the problem of tenacity is most intriguing idea in this text. The explanation of the method can be found on page four in The Fixation of belief by Charles S. Peirce, basically the method explains the acceptance of rules, social norms, and morals that were placed by those in power. It can be in the form of governments, religion, parents and a cultural aspect such as a tribe (Peirce 4). To understand the purpose of this method is to first understand beliefs and the role they play. According to Peirce, “Our beliefs guide our desires and shape our actions.”…

    • 616 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Water Ethical Principle

    • 371 Words
    • 2 Pages

    Some sets of ethical principles have been proposed for water ethics (Groenfeldt 2013). The UNESCO (2011, pp. 18ff) unfolds the normative dimension of water ethics along with a number of principles stemming partially from the law and partially from ethics:…

    • 371 Words
    • 2 Pages
    Good Essays
  • Best Essays

    Salman, Salman M., and Siobhán Lankford. The human right to water legal and policy dimensions. Distract Colombia: World Bank, 2004.…

    • 3075 Words
    • 13 Pages
    Best Essays
  • Powerful Essays

    that provide a multitude of services, inof our time, threatening the stability and cluding water, fish, habitat, cultural and prosperity of the human population, and aesthetic values, and flood prevention, and hindering efforts aimed at: growth, social also supports non-consumptive on-stream and economic development, the eradication uses such as navigation. Although freshwaof extreme poverty and equity – all essenter ecosystems comprise tial for achieving the Milless than 1 per cent of the “Lack of effective management lennium Development planet’s surface, some 12 of water resources that ensures Goals (MDGs). While per cent of described spesustainable availability of many countries focus on cies live in freshwater and addressing problems of water remains the biggest more than 25 per cent of hunger and malnutrition, challenge of our time.” the worlds described verwater quality continues tebrate species depend on freshwater ecoto be…

    • 2177 Words
    • 9 Pages
    Powerful Essays
  • Good Essays

    The issues that affect resolving legal disputes in international water have different values that do not match the other partner values. Determining where to hold a court hearing when there is a legal action to follow can be difficult especially, if the other countries would rather handle legal issues out of court. Belief systems in the other countries can create problems. When the government is involved with the legal action of the company in court, the systems have to meet in the middle, and this task is not always easy.…

    • 689 Words
    • 3 Pages
    Good Essays