Sharing Transboundary Resources: International Law and by Eyal Benvenisti

By Eyal Benvenisti

Why do states usually fail to cooperate, utilizing transboundary average assets inefficiently and unsustainably? Benvenisti examines the modern foreign norms and coverage concepts that may supply incentives for states to cooperate. His procedure is multi-disciplinary, presenting transnational associations for the administration of transboundary assets. even though international water coverage matters look set to stay a reason for challenge for the foreseeable destiny, this learn offers a brand new method of the matter of freshwater, and may curiosity overseas environmentalists and attorneys, diplomacy students and practitioners.

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Diverse demands – domestic, agricultural, industrial, recreational – must be met from constantly fluctuating resources. Aside from “confined aquifers” – unreplenished underground pools of “fossil water” that accumulated prehistoric rains – water is in a constant motion of evaporation, precipitation, filtration, and run-off. It is subject to periodic predicted and unpredicted fluctuations as well as disasters that strain significantly its availability. Its quantity and quality influence the condition of other media such as soil and climate and the condition of these other media, in turn, affect the water.

258. Deforestation is believed to be responsible for the occurrence of devastating natural disasters. Ponting, A Green History, note 23, at p. 70. See Adams, Wasting the Rain, note 26, and Pearce, The Damned, note 26, for two well-researched accounts of the follies, mismanagement, consequent waste of the precious resource, and misery to the millions whose villages and cultures were either inundated by man-made lakes, dried up by diverted streams, or turned salty by ill-conceived irrigation schemes.

NWC-L-71–009, July 1971) (cited by Johnson et al. at 273–4) (calling for assigning property rights in the return flow as well). For the burgeoning literature on water markets since the 1980s, see Norman J. ” (1992) 32 Nat. Res. J. 757, 758–63. Gregory A. Thomas, “Conserving Aquatic Biodiversity: A Critical Comparison of Legal Tools for Augmenting Streamflows in California” (1996) 15 Stan. Envtl. L. J. 17 The analysis of the natural characteristics of fresh water and other transboundary resources does not necessarily indicate that the allocation of specific entitlements to be traded on markets is impossible.

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