Overview

The Law of International Watercourses examines the rules of international law governing the navigational and non-navigational uses of international watercourses. 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 is likely to increase. Agreements between the states sharing international watercourses will be negotiated, and disputes over shared water will be 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 present second edition adds a chapter on the law of navigation on international waterways. The chapter considers the historical development of the law of freedom of navigation, reviews the major cases in the field and draws conclusions regarding the present state of the law. This edition also updates the entire book, adds new material to many of the chapters and adds a number of new case studies to the chapter devoted to those.

Full Product Details

Author:   Stephen McCaffrey (Distinguished Professor and Scholar, University of the Pacific, McGeorge School of Law)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Edition:   2nd Revised edition
Dimensions:   Width: 16.30cm , Height: 3.70cm , Length: 24.10cm
Weight:   1.075kg
ISBN:  

9780199202539

ISBN 10:   0199202532
Pages:   638
Publication Date:   24 May 2007
Audience:   Adult education ,  Professional and scholarly ,  Further / Higher Education ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Out of Print
Availability:   In Print  
Limited stock is available. It will be ordered for you and shipped pending supplier's limited stock.

Table of Contents

Part I. Introduction 1: Human Use of Fresh Water and the Coming Era of Water Scarcity 2: The Concept of the International Watercourse System Part II. Theoretical Bases of the Law of International Watercourses 3: Theoretical Bases of International Watercourse Law: Introductory Considerations 4: International Watercourses as Exclusively National Resources: The Harmon Doctrine in United States Practice 5: Theoretical Bases of International Watercourse Law: An Examination of the Four Principal Theories 6: The Contribution of the Law of Navigation Part III. The Major Cases and Controversies 7: The Major Cases 8: Selected Case Studies Part IV. Fundamental Rights and Obligations 9: Introduction: The 1997 United Nations Convention A. Substantive Obligations 10: The Obligation to Utilize An International Watercourse in an Equitable and Reasonable Manner 11: The Obligation to Prevent Harm to Other Riparian States 12: The Obligation to Protect International Watercourses and Their Ecosystems B. Procedural Obligations 13: Procedural Obligations C. Groundwater 14: The Special Case of Groundwater D. Dispute Avoidance and Settlement 15: Dispute Avoidance and Settlement: Selected Aspects Annexes I: United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses (1997) with Statements of Understanding regarding certain provisions of the UN Convention II: Helsinki Rules on the Uses of the Waters of International Rivers (1966) III: International Law Commission, Resolution on Confined Transboundary Groundwater

Reviews

<br>Reviews from previous edition: <br><br> McCaffrey's book is comprehensive, scholarly and readable. I recommend it not only to scholars but also to practitioners in national water authorities and agencies, and in international consultancies, water companies, and law firms, who will find it an authoritative guide when putting theory into practice. - The Journal of the Chartered Institution of Water and Environmental Management, Vol. 16, No. 3, August 2002 <br><p><br> A very valuable source of knowledge relating to the contemporary law of international watercourses. It is very sound from the scholarly point of view, but at the same time, the author exhibits a realistic approach to the difficult problem of the management of shared freshwater sources. Well structured and very accessible in [its] presentation of issues. - International and Comparative Law Quarterly, Vol. 51, Part 1, January 2002<p><br> Every international lawyer should have at least a passing familiarity with the subject. There is perhaps no better place to begin than with The Law of International Watercourses...[an] impressive study...thorough and comprehensive - Joseph W. Dellapenna, The American Journal of International Law<p><br>

Review from previous edition McCaffrey's book is comprehensive, scholarly and readable. I recommend it not only to scholars but also to practitioners in national water authorities and agencies, and in international consultancies, water companies, and law firms, who will find it an authoritative guide when putting theory into practice. The Journal of the Chartered Institution of Water and Environmental Management, Vol. 16, No. 3, August 2002 Review from previous edition 'A very valuable source of knowledge relating to the contemporary law of international watercourses. It is very sound from the scholarly point of view, but at the same time, the author exhibits a realistic approach to the difficult problem of the management of shared freshwater sources. Well structured and very accessible in [its] presentation of issues. International and Comparative Law Quarterly, Vol. 51, Part 1, January 2002 Review from previous edition '...every international lawyer should have at least a passing familiarity with the subject. There is perhaps no better place to begin than with The Law of International Watercourses...[an] impressive study...thorough and comprehensive...' Joseph W. Dellapenna, The American Journal of International Law

Author Information

Stephen McCaffrey is Distinguished Professor and Scholar at the University of the Pacific, McGeorge School of Law in Sacramento, California, USA. He was the Special Rapporteur for the work of the UN International Law Commission on the Law of the Non-Navigational Uses of International Watercourses

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