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Management of water of international rivers in the context of the international law - Essay Example

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Management of water of international rivers in the context of the international law Table of Contents Abstract 4 Chapter One – Introduction 1.1 Background 5 1.2 Research Problem 9 1.3 Aims and Objectives 9 1.4 Research Methodology 10 1.5 Significance of the Study 11 Chapter Two – Literature Review 2.1 The management of water – aspects in terms of international law 12 2.2 The management of water of international rivers – causes and characteristics of the conflicts 15 2.3 The international law on the management of water of international rivers 18 2.4 The position of International Courts 22 2.5 Presentation and analysis of strengths and weaknesses of international law in regard to the ma…
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d by the international law 39 3.2.2 Tigris and Euphrates rivers and international law 3.2.2.1 Historical development of the conflict on the management of water of Tigris/ Euphrates 40 3.2.2.2 Causes of the conflict 41 3.2.2.3 Response of the international community 43 3.2.2.4 The solution provided in the context of international law 44 3.2.2.5 Challenges related with the application of international law in the specific case 47 3.2.2.6 Critical analysis of the appropriateness and the effectiveness of the solution provided by the international law 48 3.2.3 Discussion on findings 50 Chapter F.

As a result of the increased use of water, there have been serious damages to the environment. For example many rivers are receding, half of the global wetlands have been eroded and freshwater fish have virtually become endangered species.1 It is hardly surprising that in more recent times there has a been heightened awareness that the world expects to confront a water crisis.2 These developments over the last century have transferred over to state development of water conservation strategies that require a balancing of two conflicting interests: the significance of water for human existence and need to protect the earth’s natural resources.

However, in order for the world’s natural resources to be effectively conserved, national laws, practices and policies require some form of harmony with one another. This is particularly so in the case of waterways which not only adjourn different international borders but are frequently traversed and used by many nationals. For this reason there have been attempts to harmonize national legal and policy strategies for the conservation of waterways at international law. In this regard, the management of international rivers is a particularly acute concern.

The UN Convention on the Law of the Non-navigational Uses of International Watercourses 1997 (hereinafter the Convention) has set the criteria by which the management of water worldwide should be based.3 Although national laws apply to the management of international rivers, those national laws are required to coincide with the criteria established by the Convention. In other words as a standard setting international legal instrument, the Convention should prevail over national laws of contracting states.

However, this kind of expected

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