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International law for a water-scarce world / by Edith Brown Weiss.
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Title:International law for a water-scarce world / by Edith Brown Weiss.
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Author/Creator:Weiss, Edith Brown, 1942-
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Published/Created:Leiden : Martinus Nijhoff Publishers, [2013]
©2013
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Holdings
Holdings Record Display
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Location:LAW LIBRARY (level 3)Where is this?
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Call Number: K3496 .W45 2013
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Number of Items:1
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Status:Available
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Location:LAW LIBRARY (level 3)Where is this?
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Library of Congress Subjects:Water--Law and legislation.
Water rights (International law)
Right to water.
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Description:xiii, 343 pages : illustrations ; 25 cm.
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Series:Hague Academy of International Law monographs ; v. 7.
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Notes:Includes bibliographical references and index.
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ISBN:9789004250406 (hardback : alk. paper)
9004250409 (hardback : alk. paper)
9789004250413 (e-book)
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Contents:Machine generated contents note: I. Problem of Fresh Water Availability
II. Problem of Water Quality
III. Implications for Water Law
I. International Water Law Principles
A. Absolute territorial sovereignty
B. Absolute territorial integrity
C. Prior appropriation
D. Restricted sovereignty and community of interests
II. Obligations in International Water Law
A. substantive rules
B. procedural rules
C. Liability
III. Treatment of Ground Water
A. Territorial sovereignty
B. Protection of recharge and discharge areas
C. Prevention of pollution
D. Conservation of fossil aquifers
IV. Concluding Comments
I. Critique of Existing Water Law
A. hydrological and ecological perspectives
B. intergenerational perspective
C. market perspective
D. water demand perspective
E. water security perspective
Foreign land and water investments
Virtual water issues
II. Fresh Water as a Global Resource
A. Fresh water resource depletion and degradation as a global threat
B. Fresh water resources as a common concern of humankind
C. Global data on fresh water
III. Concluding Comments
I. History of International Water Agreements
A. database for international water agreements
B. global historical trends
Eighteenth and nineteenth centuries and before
twentieth century
twenty-first century
Evolution in content of the agreements
Ground water in international agreements
C. Historical trends by region
Europe
Africa
Asia-Middle East
North-Central America
South America
Comparisons among regions
D. agreements as living instruments
II. Overarching Agreements
A. 1997 United Nations Convention on the Law of Non-Navigational Uses of International Watercourses
B. ILC Draft Articles on Transboundary Aquifers
C. Other global legal instruments: ILA Rules and the Bellagio Draft Treaty
III. Concluding Comments
I. Trends in the Characteristics of International Water Disputes
A. subject matter of disputes: the rise of competing uses
B. disputants: increasing importance of new actors
II. Dispute Settlement Procedures
A. International judicial settlement
B. International arbitration
C. Fact-finding commissions
D. Conciliation
E. Mediation and good offices
F. Negotiation
G. experiment with NGO international water tribunals
H. Rhine navigation tribunals
I. National courts
III. Provisions for Dispute Settlement in International Water Agreements
IV. Concluding Comments
I. History and evolution
II. Scope and coverage
III. Structure and function
A. Problem identification and assessment
B. Information collection and monitoring
C. Information dissemination and exchange
D. Coordination of national and international activities
E. Substantive norm and rulemaking
F. Supervision and enforcement
G. Direct operational activities
H. Dispute resolution
I. Concluding observations
IV. Effectiveness
V. Concluding Observations
I. Intragenerational Right to Water
A. Water quality
B. Water quantity
C. Reasonable access
D. Information, participation, non-discrimination, and access to justice
II. Intergenerational Aspects of the Right to Water
III. Legal Bases for A Right to Water
A. Developments in international recognition of a human right to water
B. Right to water as embedded in international human rights law
Right to adequate standard of living
Right to food
Right to health
Right to life
Right to development
Independent right to water
Concluding comments
IV. Implementing a Right to Water
V. Right to Water in National Constitutions and Local Instruments
VI. Indigenous Peoples' Right to Water
A. Definition of indigenous people
B. International recognition of indigenous right to water
VII. Accompanying Right to Sanitation
VIII. Concluding Comments
I. Transboundary Water Movements
A. Water flows in international watercourses and transboundary aquifers
B. Transboundary market in water products
C. Transfers of bulk water
Treaty-based international water transfers
Government to government contractual transfers
Transfers between government and foreign private party
Transfers between private parties in different countries
Efforts to limit bulk transfers of water
II. Relevance of WTO GATT 1994 to Water Markets
A. Water as a good or product
B. applicable GATT provisions
III. Should WTO GATT 1994 Apply to Bulk Water Transfers?
IV. Options for Clarifying Whether WTO GATT 1994 Applies
A. Statement and ordinary decision
B. Authoritative interpretation of the Agreement
C. Waiver
D. Amendment
V. Water subsidies and water-related domestic support
VI. Virtual Water Transfers
A. concept of virtual water transfers
B. Water footprints and water-intensity standards
C. Tariff adjustments and quotas to regulate imports and exports of water-intensive products
VII. Concluding Comments.