This book traces the development of international water law that has come to privilege and the water utilisation rights of sovereign states over the environment. It argues that existing mechanisms in international law can be applied to improve environmental protection.
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Introduction -- Freshwater protection regime -- Definitions of freshwater protection -- Rules and principles of international water law -- The relationship between equitable utilisation and no-harm -- The international jurisprudence on "due regard" -- The non-applicability of hierarchical norms under international law -- The due diligence obligation -- Case study of the mekong river commission -- Conclusion.
"The topic of the law governing freshwater protection and international watercourses has already been the subject of extensive research and commentary by leading academics and practitioners in the field of international law. It is due to their solid contributions - having commented widely and comprehensively on the international watercourses law regime and its applicability on shared watercourses - that the field of international watercourses law has pragmatic relevance to river basin treaties, agreements and arrangements. This book has benefitted from the teachings and rich analyses of these commentators and builds upon their significant contributions to this field. International watercourses law has been discussed, debated and documented at numerous international fora in modern times leading to the codification of international rules and regulations governing transboundary watercourses, and the various commentaries on its interpretation and application"--
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Individual States are required to reduce their emissions in order to meet the collective goal of keeping global warming to an increase of no more 2 °C but ideally strive to limit temperature rises to 1.5 °C. States have expressed ambitions for reducing greenhouse gas emissions although largely have yet to translate them into policies. Inadequate climate mitigation policies may fall foul of the obligation to reduce GHG emissions, which is a due diligence obligation. Making any successful determination would depend on the status of the jurisprudence on the formation of a customary obligation on the prevention of the risk of transboundary harm in climate change-related human rights. Progressive norms in human rights jurisprudence inform the content of the due diligence obligation and positive duties thereunder. The implication is that responsibility for inadequate climate mitigation policies, as supported by the recent jurisprudence on the failure of due diligence duties in context of environment-based human rights, may be invoked. It is noted that arguments have been advanced that the obligation to prevent climate change harm presents challenges in establishing the elements necessary for responsibility, particularly in respect to defining the internationally wrongful act and causation. However, developments in international human rights jurisprudence supports positive due diligence obligations in preventing climate risks, raising the theoretical possibilities of an international decision following Urgenda. This article observes the possibility of such a trend within States' customary obligation to prevent transboundary harm with respect to States' inadequate climate mitigation policies.
This Article explores China's management of its international rivers. China has various domestic pieces of legislation, including the Water Law of 2002, to regulate the uses and protection of its international rivers. It is clear that international water law influenced China inasmuch as there are similarities between the 1997 Watercourses Convention and the Water Law of 2002, and even China has recognized the influence of international law in the formation of its Water Law of 2002. This runs contrary to the widespread belief among Western commentators that China generally does not engage in these types of matters with international water law in mind. As evidence, these commentators point to China's objection to signing the 1997 Watercourses Convention and its refusal to join any river-basin commissions for any of its international rivers. This Article, however, shows how China has been strongly influenced by the international water-law regime and has engaged with other states in the management of its international rivers, albeit with a limited number of states. This Article posits that China can further benefit from en-gaging in international fora when trying to manage its domestic water issues.