International Watercourses Law and Multilateral Environmental Agreements
International Watercourses Law and Multilateral Environmental Agreements
A Case for the Integrated Protection and Preservation of Shared Inland Water Ecosystems
Liu, Yang
Brill
02/2024
628
Dura
Inglês
9789004689411
15 a 20 dias
List of Tables
Abbreviations
1 Introduction
?1 Problem-Setting
?2 Coherence between IWL and MEAs: Anchoring within Article of the Watercourses Convention
?3 Use of Terms
?4 Research Methodology and Structure
2 Normative Coherence: Conceptualizing the Ecosystems of Shared Inland Waters
?1 Clarifying "Shared Inland Waters" under IWL
?2 Defining "Ecosystems" of Shared Inland Waters
?3 Interpreting Ecosystems of Shared Inland Waters in the Context of MEAs
?4 Concluding Remarks
3 Normative Coherence of Parallel Substantive Obligations in IWL and MEAs: a Legal Analytical Approach
?1 Parallel Obligations for the Protection and Preservation of Ecosystems of Watercourses
?2 Limitations on the Uses of Shared Inland Waters, Wetlands, and Biodiversity
?3 Parallel Obligations for the Prevention of Transboundary Harm
?4 Concluding Remarks: Cross-Fertilization of the Substantive Obligations
4 Implementation Coherence: Bridging Parallel Procedural Obligations in IWL and MEAs
?1 Duty to Cooperate for the Protection and Preservation of Shared Inland Waters Ecosystems
?2 Promoting Synergies in Data and Information Exchange
?3 Absence of Transboundary EIA
?4 Prior Notification of Planned Measures
?5 Consultation and Negotiation on Planned Measures
?6 Compliance Mechanisms
?7 Peaceful Settlement of Disputes
?8 Cross-Fertilization of Parallel Procedural Obligations
5 Implementation Coherence through Cooperation between RBOs and Treaty Bodies of the Ramsar and Biodiversity Conventions
?1 RBOs and MEA Treaty Bodies
?2 Institutional Cooperation for the Protection and Preservation of Ecosystems of Shared Inland Waters
?3 Public Involvement for the Protection and Preservation of the Ecosystems of Shared Inland Waters
?4 Institutional Cooperation: Promoting Inter-state Cooperation on the Protection and Preservation of the Ecosystems of Shared Inland Waters
6 Operationalization: Ecosystem Protection and Preservation of the Lancang-Mekong River Basin
?1 Setting the Context: Practical and Legal Problems
?2 Cross-Fertilization of Parallel Substantive Obligations in the Basin-Level Legal Regime and MEAs
?3 Cross-Fertilization of Parallel Procedural Obligations in the Basin-Level Legal Regime and MEAs
?4 Institutional Arrangement and Cooperation
?5 Insufficient Legal Basis for Public Involvement
?6 LMRB States' Compliance with Basin-Level and International Legal Regimes
?7 Consultation or Negotiation for the Peaceful Settlement of Disputes
?8 Observations and Remarks
7 Convergence: Cross-Fertilization of IWL and MEAs
?1 Supplementary Roles of MEAs: Strengths and Weakness
?2 China's Practice as a Good Example
Bibliography
Index
List of Tables
Abbreviations
1 Introduction
?1 Problem-Setting
?2 Coherence between IWL and MEAs: Anchoring within Article of the Watercourses Convention
?3 Use of Terms
?4 Research Methodology and Structure
2 Normative Coherence: Conceptualizing the Ecosystems of Shared Inland Waters
?1 Clarifying "Shared Inland Waters" under IWL
?2 Defining "Ecosystems" of Shared Inland Waters
?3 Interpreting Ecosystems of Shared Inland Waters in the Context of MEAs
?4 Concluding Remarks
3 Normative Coherence of Parallel Substantive Obligations in IWL and MEAs: a Legal Analytical Approach
?1 Parallel Obligations for the Protection and Preservation of Ecosystems of Watercourses
?2 Limitations on the Uses of Shared Inland Waters, Wetlands, and Biodiversity
?3 Parallel Obligations for the Prevention of Transboundary Harm
?4 Concluding Remarks: Cross-Fertilization of the Substantive Obligations
4 Implementation Coherence: Bridging Parallel Procedural Obligations in IWL and MEAs
?1 Duty to Cooperate for the Protection and Preservation of Shared Inland Waters Ecosystems
?2 Promoting Synergies in Data and Information Exchange
?3 Absence of Transboundary EIA
?4 Prior Notification of Planned Measures
?5 Consultation and Negotiation on Planned Measures
?6 Compliance Mechanisms
?7 Peaceful Settlement of Disputes
?8 Cross-Fertilization of Parallel Procedural Obligations
5 Implementation Coherence through Cooperation between RBOs and Treaty Bodies of the Ramsar and Biodiversity Conventions
?1 RBOs and MEA Treaty Bodies
?2 Institutional Cooperation for the Protection and Preservation of Ecosystems of Shared Inland Waters
?3 Public Involvement for the Protection and Preservation of the Ecosystems of Shared Inland Waters
?4 Institutional Cooperation: Promoting Inter-state Cooperation on the Protection and Preservation of the Ecosystems of Shared Inland Waters
6 Operationalization: Ecosystem Protection and Preservation of the Lancang-Mekong River Basin
?1 Setting the Context: Practical and Legal Problems
?2 Cross-Fertilization of Parallel Substantive Obligations in the Basin-Level Legal Regime and MEAs
?3 Cross-Fertilization of Parallel Procedural Obligations in the Basin-Level Legal Regime and MEAs
?4 Institutional Arrangement and Cooperation
?5 Insufficient Legal Basis for Public Involvement
?6 LMRB States' Compliance with Basin-Level and International Legal Regimes
?7 Consultation or Negotiation for the Peaceful Settlement of Disputes
?8 Observations and Remarks
7 Convergence: Cross-Fertilization of IWL and MEAs
?1 Supplementary Roles of MEAs: Strengths and Weakness
?2 China's Practice as a Good Example
Bibliography
Index