To meet the challenges of the increased competition for the planet's freshwater resources, it is necessary to align international water law with the United Nation's sustainable development goals (SDGs).1 This work considers the evolution of the duty to cooperate in the context of shared transboundary waters and argues that we now witness the emergence of the duty to cooperate in the peaceful management of the world's water resources as an obligation erga omnes imposable on all states. At the heart of our argument are three fundamental tenets: information international law has the inherent capacity to, and is in the process of, transforming to address global water-related imperatives;2 (ii) the rules of international law that apply to shared water resources require a consolidated and a consolidating framework in order to address the global water crisis within and across national borders; (iii) the very notion of state sovereignty, recast in our contemporary setting, supports and provides the legal parameters for the crystallisation of an obligation erga omnes to ensure 'water for all' as a duty and entitlement of the international community as a whole.
Water is the most valuable asset on earth, which determines to a significant extent the development of life in all corners of the world. 95% of the amount of water on earth is chemically bound in rocks making it impossible to utilize and be part of the hydrological cycle. Of the remaining 5%, 97% is saline found in oceans and seas, while the remaining 3% is distributed: • 2,37% in polar ice and glaciers • 0,6% in deep underground aquifers, which are not exploitable • and finally 0,03% in...
Trajectory of a divided river basin: law, conflict, and cooperation along Chile's Maipo River
The historical trajectory of the Maipo River basin offers critical insights into current and future challenges in Chile's internationally famous model of water management. We highlight the legal dimensions of the trajectory, looking beyond the 1981 Water Code and water market debates to some of the underlying principles of Chilean water law that shape river management. In particular, we focus on a legal-administrative rule that splits rivers into multiple, independently managed ‘sections’ – a policy that has...
Water governance in India and China: comparison of water law, policy and administration
We compare water governance between China and India in terms of water laws, policies and administration based on a survey of 182 water experts from 19 provinces/states. We find that water governance in China is consistently stronger compared with India across 17 indicators of water governance. We speculate that these variations could be attributed to differences in political, legal and administrative systems as well as levels of economic development and political system.
The marine environment and ballast water management law
This article contains a study of international and national measures dealing with the potential threat of pollution and the introduction of alien species that may come from the discharge of improperly treated ballast water. Ballast water management policy, law and coastal biosecurity strategies are considered. There are challenges to achieving the ideals of ballast water laws, as correctly pointed out by President Denholm of the Baltic and International Maritime Council (BIMCO), such as the cost of achieving...
Private rights, public interests and water use conflicts: evolving water law and policy in Michigan
Water conflicts are rare across Michigan's history. As a result, water rights have received little attention by courts or the legislature. Traditionally, the common law of water rights in Michigan embraces the riparian doctrine for surface water and provides landowners with the right to use groundwater. However, two recent changes in common and statutory law significantly modify the legal relations among water users and others with a stake in water use decisions. A 2005 Michigan Court of Appeals decision created...