International Watercourses Law and Multilateral Environmental Agreements

International Watercourses Law and Multilateral Environmental Agreements portes grátis

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

Descrição não disponível.
Acknowledgment

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
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watercourse; transboundary water; international river; transboundary basin; biological diversity; wetland; Lancang River; Mekong River; Watercourses Convention; Water Convention; watercourse agreements; international environmental law; equitable and reasonable utilization; obligation to prevent the causing of significant harm; transboundary water cooperation; river basin organization; institutional cooperation; obligation to exchange data and information; prior notification and consultation on planned measures; transboundary EIA; compliance mechanism