Watercourse Co-operation in Northern Europe

A Model for the Future
1. Auflage. 2004
ISBN: 978-90-6704-172-0
Verlag: T.M.C. Asser Press

Buch, Englisch, 206 Seiten, Format (B × H): 175 mm x 256 mm, Gewicht: 583 g

One of the problems in global water management is the sharing of watercourses by neighbouring countries, a situation that has led to, and will lead to, many long-lasting conflicts. The authors of this book make a valuable contribution to the ongoing attempts to find sustainable solutions to this problem and to the debate on global water scarcity in general. To this end they examine the law and practice relating to co-operation between Finland, Sweden and Norway with respect to international watercourses and to wider regional co-operation between these Nordic countries and Russia. The study is carried out against the background of the general principles of international environmental law relating to non-navigational and navigational water management and to sustainable development.


The authors provide an analysis of numerous bilateral and multilateral instruments concerning water co-operation, which demonstrate that even between States with different political and socialsystems and different policy goals, co-operation with respect to water is not only possible, but can also be beneficial to all parties. In their research the authors also consider the legal position of the indigenous Saami peoples of the region, a population whose very existence and livelihood are closely linked to their physical environment.

Professor Vaughan Lowe underlines in Chapter Four the basis for the selection of the Nordic countries and Russia as the focus of the book. The co-operation between these States provides a blueprint for watercourse co-operation in other regions of the world. As such, it will appeal to both practitioners and academics alike.

Professor Malgosia Fitzmaurice, Department of Law, Queen Mary University of London, is Secretary of the International Committee on Water Resources of the International Law Association. Dr. Olufemi Elias is Legal Adviser with the UN Compensation Commission, Geneva, and formerly a Lecturer in international law at King’s College London. 

Zielgruppe

Research

Autoren/Hrsg.

Elias, Olufemi

Fitzmaurice, Malgosia

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsvergleichung
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Verwaltungs-, Umwelt- und Gesundheitsrecht

Inhaltsverzeichnis

Preface and acknowledgements; Abbreviations; 1. Introduction; 1.1 The problem; 1.2. The aim of the book; 1.3. The structure of the book; 2. The law of the navigational and non-navigational use of international watercourses; 2.1 Introduction; 2.2. The definition of international watercourses; 2.3. Main theories on the use of international watercourses; 2.3.1 The theory of absolute sovereignty (the Harmon doctrine); 2.3.2 The theory of absolute territorial integrity; 2.3.3 The theory of community of interest; 2.4. The navigational use of international watercourses; 2.4.1 The right of free navigation; 2.4.2 The meaning of 'international watercourse' for the purposes of the right of free navigation; 2.4.3 The legal basis of the right of free navigation on international watercourses; 2.4.4 The subjects of the right of free navigation on international watercourses; 2.4.5 The regulation of navigation on international watercourses; 2.4.6 The navigational use of northern European watercourses:an overview; 2.5. The non-navigational use of international watercourses; 2.5.1 The principle of equitable utilization; 2.5.2 The obligation not to cause significant harm; 2.5.3 The relationship between the principle of equitable utilization of international watercourses and the obligation not to cause significant harm; 2.5.4 Procedural obligations relating to the use of international watercourses; 2.6. Liability for damage to international watercourses; 2.7. Settlement of disputes; 2.8. International river commissions: the institutional aspect; 2.9. Concluding remarks; 3. International watercourses and the rights of indigenous peoples: the Saami of Lapland and Finnmark; 3.1. Introduction; 3.2. The protection of indigenous peoples under international law; 3.3. International legal instruments and the rights of the Saami with respect to the environment; 3.4. The protection of the rights of the Saami under the laws of Finland, Norway and Sweden; 3.5. Concluding remarks; 4. Northern European co-operation regarding watercourses; 4.1. Introduction; 4.2. Norway and Sweden; 4.3. Finland and Norway; 4.4. Norway and Russia; 4.5. Finland, Norway and Russia; 4.6. Finland and Russia; 4.7. Finland and Sweden; 4.8. Concluding remarks; 5. Northern European watercourse institutions; 5.1. Introduction; 5.2. Finland and Russia; 5.2.1 The joint Finnish-Russian commission on the utilization of frontier watercourses; 5.2.2 The agreement concerning regulation of Lake Inari; 5.2.3 The frontier commission; 5.2.4 The reindeer agreement; 5.2.5 An overview of Finnish-Russian institutions; 5.2.6 Conclusions; 5.3. Norway and Russia; 5.4. Norway and Finland; 5.5. Finland and Sweden; 5.5.1 Introduction; 5.5.2 Scope of the FSFRC's functions; 5.5.3 The nature of the FSFRC's functions; 5.5.4 Relationship between the FSFRC and Finland and Sweden; 5.5.5 Conclusions; 5.6. Concluding remarks; 6. Nordic watercourse co-operation and the sustainable use of water; 6. 1. Introduction; 6.2. The role of law andthe concept of sustainable development; 6.3. International legal instruments on sustainable development and international watercourses; 6.4. Nordic watercourse co-operation and sustainable development; 6.5. Concluding remarks; 7. Concluding remarks; Bibliography; Table of treaties; Index.