Cooperation in the law of transboundary water resources / Christina Leb.

Print version record.

Includes bibliographical references and index.

Acknowledgements; Table of treaties; Table of cases; Central American Court of Justice; European Court of Human Rights; Human Rights Committee; Inter-American Court of Human Rights; International Arbitration Tribunals; International Court of Justice; Neutral Expert (Indus Waters Treaty 1960); Permanent Court of International Justice; List of abbreviations; Introduction; Part I Acknowledging interdependence; 1 Cooperation between sovereign States; 1.1 The nature of water; 1.1.1 The water cycle; 1.1.2 Human intervention and interdependence.

1.1.3 Addressing hydrologic interdependence through cooperation1.2 State motivation for cooperation; 1.2.1 Elements intervening in the choice to cooperate; State concern for security and power; Historical theories and political interest; Benefit optimisation; Hydrologic conditions as a source of aligning and competing interests; 1.2.2 Factors contributing to the use of law in State cooperation; Larger gains through transparency; Reciprocity; 1.3 The nature of cooperation in international law; 1.3.1 Good faith as an essential assumption; 1.3.2 Evolution of cooperative coexistence of States.

1.3.3 Changing paradigmsConcepts of sovereignty; The evolving character of sovereignty; 1.4 Conclusion; 2 Development of international water law; 2.1 Sovereignty over shared water resources; 2.1.1 Absolute territorial theories; The theory of absolute territorial sovereignty; The theory of absolute territorial integrity; Mutual exclusiveness of absolute theories; 2.1.2 Limited territorial sovereignty over shared resources; 2.1.3 A community of interest?; 2.2 Expansion of normative reach; 2.2.1 Expansion via navigation; 2.2.2 Continued efforts in multilateral codification.

Beginning of 'universalisation' by the League of NationsThe work of the International Law Commission; Interaction between universal instruments and treaties at the regional and basin levels; 2.2.3 Widening thematic scope; 2.3 Conclusion; Part II A general duty to cooperate: What does it mean?; 3 The duty to cooperate and concurrence of principles; 3.1 The general duty to cooperate; 3.1.1 Crystallisation of an autonomous duty; Codification by scientific commissions; Codification by the International Law Commission; The legal nature of the general duty to cooperate.

3.1.2 Terms and objectives of the general duty to cooperateBasic principles and elements of cooperation; Objective of the general duty according to codifications of universal rules; 3.2 Considering legitimate interests of others; 3.2.1 The principle of equitable and reasonable utilisation; Multiple factors and subjective objectives; 3.2.2 Implementation of the principle; Equitable participation; 3.2.3 Inter-generational equity; 3.3 Minimising negative impact on others; 3.3.1 Good neighbourliness; Protection of the environment.

3.3.2 Implementation of the principle: Obligation not to cause significant harm.

Analyses the legal challenges facing international cooperation on water management in the twenty-first century.

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