International water law and policy
International water law or the law of international water resources or the international river law is a branch of international law (IL) that governs water relations between states or between states and international organizations.
After adoption of the Convention on the protection and use of transboundary watercourses and international lakes (1992) and the Convention on the law of non-navigational uses of international watercourse (1997) the ‘law of international watercourses’ has become more often mentioned in academic literature. This means "the system of norms regulating inter-related public relations between states and other entities of international law in the use of international watercourses and international water catchments”. This definition underlies an expert opinion that “objects of international water relations are transboundary/international watercourses and international water catchments”.
There is no consensus among scientists on character of IL norms that govern issues related to transboundary water use and protection.
Currently, there are several views about the place of international water law (IWL) in the system of IL:
- A new IL institute has been formed in the international public law.
- IWL is a new branch of law that governs international water relations.
- New objects of international legal regulation have arisen in IL. Those are water resources and transboundary watercourses. Those objects are considered as specific objects under protection of international environmental law or as objects under IL.
Source (in Russian):
International water law
Kotova M.V. Subject of international water law and its place in the system of international public law
Selected bibliography
Monographs and brochures
Burchi S., Spreij M. - Institutions for international freshwater management (2003)
Waslekar S. - The Blue Peace - Rethinking Middle East Water (2011)
Papers
Bakker M.H.N. - Transboundary river floods and institutional capacity (2009)
Behr P. - Looming Water Crisis. Is The World Running Out Of Water? (2008)
Bitsue K.K. - The Nile: from mistrust and sabre rattling to rapprochement (2012)
Bigas, H. (Ed.) - The Global Water Crisis: Addressing an Urgent Security Issue (2012)
Dellapenna J.W. - The customary international law of transboundary fresh waters (2001)
Sadoff C.W., Grey D. - Beyond the river: the benefits of cooperation on International River (2002)
Segal D. - Singapore’s Water Trade with Malaysia and Alternatives (2004)
Siegfried T., Bernauer T. - Measuring International Policy Performance (2006)
Theses
Giordano M.A. - International River Basin Management: Global Principles and Basin Practice (2002)
Reports
Charting Our Water Future. Economic frameworks to inform decision-making (2009)
The GIWA Final Report, Freshwater Shortage (2006)
Resolutions of the UN General Assembly
A/RES/77/110 The rule of law at the national and international levels (2022)