Community-Of-Interests As a Theory of International Water Law : Normative Elements, Functions and Status.

Format:

Book

Author/Creator:

Rocha Loures, Flavia.

Series:

International Water Law Series

International Water Law Series ; v.14

Language:

English

Subjects (All):

Water rights (International law).

International cooperation.

Physical Description:

1 online resource (414 pages)

Edition:

1st ed.

Place of Publication:

Boston : BRILL, 2025.

Summary:

This book goes beyond existing research and uses innovative investigative approaches to dive deep into Community-of-Interests - a Theory that underpins international water law and enables close cooperation between states sharing transboundary basins.

Contents:

Intro

Half Title Page

Series Page

Title Page

Copyright

Dedication

Contents

Acknowledgements

Acronyms

Cases

Permanent Court of International Justice (PCIJ)

International Court of Justice (ICJ)

Permanent Court of Arbitration (PCA)

Ad Hoc Arbitral Tribunals

US Supreme Court

Introduction: The Duty to Cooperate from the Universal to the Basin Level

1 Terminology

2 Water and Cooperation for Sustainability

2.1 The Global Water Crisis

2.2 Freshwater Transcends Political Boundaries

3 Overview of Community-of-Interests

4 Book Outline

Part I Contextualization and Delimitation of Community-of-Interests in International Law

1 Friendly Relations and Cooperation among States

1.1 Sovereignty and the Organization of the International Legal Order

1.2 Coexistence and Cooperation in the Development of International Law

1.3 From Absolute Control Claims to Community-of-Interests

2 Community-of-Interests and Common Water Interests

2.1 Community Interests in the Hydrosphere

2.2 Common Basin Interests versus Regional Water Interests

2.3 Community-of-Interests and the Law of Transboundary Basins

3 History of Community-of-Interests in International Water Law

3.1 Origins of Community-of-Interests in Inland Water Navigation

3.2 Community-of-Interests and Other Theoretical Bases of International Law for the Multiple Uses of Transboundary Basins

3.3 Historical Account of Treaty and Case Law on Community-of-Interests

4 Conclusions

Part II Close Regional Cooperation: Analogy as a Heuristic Tool to Identify the Elements of Community-of-Interests

1 Scope of Common Interests under Close Regional Cooperation

2 Governance of Regional Cooperation on Common Interests

2.1 Founding Charter

2.2 Regional Integration Organization

3 Close Regional Cooperation.

a) Domestic versus Collective

b) Joint Action versus Coordination

c) Passive versus Active

d) Ad Hoc versus Ongoing

3.1 Centrality of Joint Action

3.2 Other Modalities of State Engagement

3.3 Norms for Coexistence among Member States

4 External Relations of the Regional Integration Organization

4.1 Coherence

4.2 Cohesion

5 Relations among Members States

5.1 Unity

5.2 Solidarity

5.3 Nondiscrimination

6 Relations with Stakeholders: Social Engagement

7 Conclusions

Part III The Primary Normative Elements of Community-of-Interests

1 Drainage Basin Scope

1.1 The Concept of Water Systems in International Law

1.2 Water Systems and Partial Agreements

1.3 Water Systems, Biodiversity and the Drainage Basin

1.4 Directions for Future Legal Development: Source-to-Sea Management

1.5 Conclusions

2 Drainage Basin Treaty

2.1 Legal Significance of Watercourse Agreements

2.2 The Watercourse Agreement versus the Basin Treaty

2.3 Scope Ratione Loci

2.4 Formalization of Communities-of-Interests

2.5 Regulation and Institutionalization of Communities-of-Interests

2.6 The Basin Treaty and Incipient Communities-of-Interests

2.7 Conclusions

3 Drainage Basin Body

3.1 Legal Significance of Joint Bodies

3.2 Joint Bodies versus Basin Bodies

3.3 Jurisdiction

3.4 Mandates

3.5 Specific Powers and Functions

3.6 The Basin Body and Incipient Communities-of-Interests

3.7 Conclusions

4 Close Drainage Basin Cooperation

4.1 The Duty to Cooperate under Community-of-Interests

4.2 Joint Action for Shared Goals under Community-of-Interests

4.3 General Obligation to Participate

4.4 Common Property, Mutual Consent and Joint Action

4.5 Limited Territorial Sovereignty under Community-of-Interests

4.6 Conclusions

5 Conclusions.

Part IV The Secondary Normative Elements of Community-of-Interests

1 Coherence in Relations with Other Cooperation Regimes

1.1 Communities-of-Interests within the Same Drainage Basin

1.2 Communities-of-Basin-Interests under Umbrella Regimes

1.3 The Role of the ECEWC regime and the SADC in Promoting Coherence

1.4 Conclusions

2 Solidarity: Relations within Communities-of-Basin-Interests

2.1 Solidarity in International Law

2.2 Water Policy Discourse and Hydrosolidarity

2.3 Solidarity as an Element of Community-of-Interests

2.4 Conclusions

3 Social Basin Engagement: Relations with Stakeholders

3.1 Democratic Governance and Common Interests in International Law

3.2 Community-of-Interests State Practice on Social Basin Engagement

3.3 Conclusions

Part V Functions of Community-of-Interests

1 International Water Law Codification and Clarification

1.1 Equitable and Reasonable Use and Harm Prevention

1.2 General Duty to Cooperate

1.3 Conclusions

2 International Water Law Application and Interpretation

2.1 Equitable and Reasonable Use and Harm Prevention

2.2 General Duty to Cooperate

2.3 Conclusions

3 Progressive Development in International Water Law

3.1 Participation

3.2 Normative Status of the Primary Elements of Community-of-Interests

Part VI Status and Uptake of Community-of-Interests

1 Treatment of the Status of Community-of-Interests in Treaties, Jurisprudence and Scholarship

2 Hard and Soft International Law Standards

3 Community-of-Interests Operating as a Legal Principle

4 Case Studies of Community-of-Interests in State Practice

4.1 Environmental Protection of the Rhine Basin

4.2 Sustainable Development of the Mekong River Basin

5 Conclusions

Conclusions

Bibliography

Index.

Notes:

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Other Format:

Print version: Rocha Loures, Flavia Community-Of-Interests As a Theory of International Water Law

ISBN:

9789004507036

OCLC:

1593367962