The Community of Interest Approach in International Water Law

A Legal Framework for the Common Management of International Watercourses
Erscheinungsjahr 2020
ISBN: 978-90-04-42631-3
Verlag: Brill

Buch, Englisch, Band 8, 244 Seiten, Format (B × H): 155 mm x 235 mm, Gewicht: 510 g

Reihe: International Water Law Series

In The Community of Interest Approach in International Water Law, Julie Gjørtz Howden identifies the normative elements of the community of interest approach (COIA) in international water law, and demonstrates how the approach can provide a legal framework for common management of international watercourses. Through analyses of various features of international watercourse cooperation and common management, the book determines the main principles and the underlying values of the COIA, and discusses how the approach contributes to the development of international water law.

Although the COIA is one of the central theories of international water law, very few analytical accounts of its legal features exist. Through The Community of Interest Approach in International Water Law, Howden offers a new and fresh approach to international water law that pulls together questions of holistic management, State sovereignty, public participation and river basin organisations into the analyses of the COIA and its relevance for managing transboundary watercourses today.

Autoren/Hrsg.

Gjørtz Howden, Julie

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales See-, Luft- und Weltraumrecht

Inhaltsverzeichnis

Acknowledgements

List of Treaties

List of Case Law

1 Introduction

1 Water as a Common Good

2 The Complexity of Managing International Watercourses

3 International Law in the Face of Watercourse Complexities

4 Structure

2 Where to Find the COIA in International Water Law

1 Introduction

2 Basic Theories of International Water Law

3 Main Principles of International Water Law

4 The Two Global Water Conventions

5 Grasping the Outlines of the COIA

6 Lessons from Common Management Regimes

3 A Management Approach Based on Interests

1 Introduction

2 Interests vs. Rights

3 Community Interests and Rights and Obligations erga omnes

4 Typology of Interests in the COIA

5 Does the Watercourse Have Interests?

6 Hydrosolidarity

7 Solidarity as a Driving Force in the COIA

4 The Scope of the COIA

1 Introduction

2 ‘Drainage Basin’ and Related Terms

3 ‘River System’

4 ‘Watercourse’

5 The Object to Be Managed in the COIA

5 Sovereignty as a Responsibility to Cooperate

1 Introduction

2 Does the COIA Imply ‘Joint Ownership’ of the Watercourse?

3 Approaches to State Sovereignty

4 Sovereignty and Cooperation

5 Functional Sovereignty through Collective Action

6 The Composition of the COI

1 Introduction

2 The Community

3 Participants in the COI

4 Participation in Water Management Regimes

7 Procedural Rules and the Creation of a COI Institution

1 Introduction

2 Procedural Obligations under International Water Law and Their Relevance for the COIA

3 The RBO in International Water Law

4 The Anatomy of the COI Institution

8 The COI Institution’s Key Functions

1 Introduction

2 Monitoring and Information Exchange

3 Prior Notification and EIA

4 Decision-making

5 Dispute Settlement

9 Concluding Summary

1 What Is the COIA?

2 What Are the COIA’s Normative Elements?

3 What Is the COIA’s Contribution to International Water Law?

Bibliography

Index

Über Autor(innen)

Julie Gjørtz Howden, Ph.D. (2019), University of Bergen, is a senior adviser in water law at the Norwegian Ministry of Climate and Environment. She has published a number of articles on international water law and the common management of transboundary watercourses.