A Bridge over Troubled Waters : Dispute Resolution in the Law of International Watercourses and the Law of the Sea.
- 1st ed.
- 1 online resource (482 pages)
Half Title -- Title Page -- Copyright Page -- Contents -- Notes on Contributors -- Introduction -- Part 1 'Traditional' Methods of Dispute Settlement -- Chapter 1 The icj Judgment in the Gabčíkovo-Nagymaros Project Case and Its Aftermath: Success or Failure? -- 1 Introduction -- 2 The Planned and the Realised Projects - a Short Description -- 3 A Possible Reading of the icj Judgment -- 3.1 The Hungarian Objectives and the icj Judgment -- 3.1.1 Harmony between the Judgment and the Hungarian Goals -- 3.1.1.1 Nagymaros and Peak Operation -- 3.1.1.2 Gabčíkovo Operating in an Environmentally Sustainable Manner and Adequate Water Quantity and Dynamics Assured in the Main Riverbed and the Side Arms -- 3.1.1.3 Hungary Is Entitled to Its Sovereign Share in the Water Flow, Ensuring Reasonable and Equitable Access -- 3.1.1.4 Variant C Remains Illegal until Settlement of the Dispute and All Its Resulting Damages Must Be Compensated for by Slovakia -- 3.1.1.5 The Unilateral Operation of the Existing System Must Be Replaced with a System Based on the Agreement of the Parties (Not Necessarily a Common Operation) -- 3.1.2 Hungarian Goals Not Achieved -- 3.1.2.1 The Return of All the Water Flow into the Main Riverbed (Stopping Gabčíkovo) and the Return of International Navigation into the River Forming the Border between the Two Countries -- 3.1.2.2 The Acceptance of the Suspension and Later Stop of Works at Nagymaros and Elsewhere in 1989 -- 3.1.2.3 The Formal Termination of the 1977 Treaty -- 3.2 Balance: the Judgment and the Hungarian Objectives -- 4 Bilateral Interactions 1997-2018 -- 4.1 The Betrayal of the Judgment (1997 September-1998 April) -- 4.2 The "period of limited hope and growing hopelessness" (1998 April-2010 April) -- 4.2.1 A Non-Archaic Torso: the Fate of the Request for an Additional Judgment -- 4.2.2 The Period of Hope (1998-2001). 4.2.3 Growing Hopelessness 2002-2010 -- 4.3 The Period of Stagnation, Secrecy and an Effort to Rekindle (2010-Present (2018)) -- 5 Enigma or Just the New Normal? An Attempt to Interpret -- Bibliography -- Chapter 2 Third-Party Intervention and Involvement in Inter-State Arbitration -- 1 Introduction -- 2 Dispute Settlement under Part xv of unclos -- 3 History of Intervention in International Proceedings -- 4 Annex vii Arbitration -- A A Tribunal May Have the Power, under Annex vii of unclos, to Permit Intervention -- B Factors Relevant to the Exercise of an Annex vii Tribunal's Powers in Respect of Intervention -- C The Procedures and Grounds for Intervention -- D Conclusion as to the Power of an Annex vii Tribunal -- 5 South China Sea Arbitration (Philippines v. China) -- 6 Conclusions -- Bibliography -- Chapter 3 Choice of Forum for Settlement of Law of the Sea Disputes -- 1 Introduction: Choice of Forum Agreements in Public and Private International Law -- 2 Compulsory Jurisdiction under the Law of the Sea Convention -- 3 Choice of Forum under the Law of the Sea Convention -- 4 Arbitration as the Default Procedure -- 5 The International Tribunal for the Law of the Sea -- A The Saiga Case -- B The Bay of Bengal Maritime Delimitation Cases -- 6 Development and Coherence of the Law -- 7 Relationship to Compulsory Jurisdiction under Other Treaties -- 8 Relationship to Non-Binding Dispute Settlement Procedures -- 9 Relationship to Other Convention Organs -- 10 Conclusion -- Bibliography -- Chapter 4 Timor Sea Conciliation: A Harbinger of Dispute Settlement under unclos? -- 1 Introduction -- 2 Background to Timor-Leste and Australia's Maritime Boundary Dispute -- 3 Conciliation as a Dispute Settlement Process -- 4 Conciliation of Maritime Boundary Disputes under unclos -- a Competence to Undertake the Conciliation. b The Conciliation Process between Timor-Leste and Australia -- 5 Expected Outcomes for Conciliation of Maritime Boundary Disputes under unclos -- 6 A Harbinger for Resolving Maritime Boundary Disputes? -- a Political Factors -- b Legal and Procedural Factors -- c Third-Party Interests -- 7 Concluding Remarks -- Bibliography -- Chapter 5 Dispute Settlement for Marine Biodiversity beyond National Jurisdiction: Not an Afterthought -- 1 Introduction1 -- 2 Some History of the bbnj Project -- 3 An ilbi under unclos -- 4 Dispute Settlement in Other Agreements Implementing the Convention -- 4.1 The 1994 Agreement Relating to the Implementation of Part xi -- 4.2 The 1995 Fish Stocks Agreement -- 4.3 The 2001 unesco Convention on Underwater Cultural Heritage22 -- 5 Discussions about Dispute Settlement for bbnj so Far -- 5.1 The Prepcom -- 5.2 The Intergovernmental Conference -- 6 Some Design Questions -- 6.1 The Character of Marine Biodiversity Disputes -- 6.2 The 'mutatis mutandis' Method -- 6.3 The Relationship between Compliance and Dispute Settlement -- 7 Taking the Convention as a Starting Point -- 7.1 Contentious Cases -- 7.2 Commercial Aspects -- 8 Possible Roles of the Tribunal44 -- 8.1 A Marine Biodiversity Disputes Chamber within the Tribunal -- 8.2 A Chamber Created by the Tribunal Itself -- 8.3 The Analogy with the Seabed Disputes Chamber -- 9 Creating a Permanent and Specialized Chamber for Marine Biological Diversity Disputes -- 9.1 The Role of the International Seabed Authority -- 9.2 Requesting Advisory Opinions63 -- 10 Conclusions: Dispute Settlement Should Not Be an Afterthought -- Bibliography -- Part 2 The Role of Organizations in Dispute Settlement -- Chapter 6 Peace, Water and the Permanent Court of Arbitration: Supporting Dispute Settlement from the Rhine to the Corentyne -- Introduction. 1 Background to the Permanent Court of Arbitration and Its Role in Water Disputes -- 1.1 History and Structure of the pca -- 1.2 Case Activities at the pca -- 2 Role of the Permanent Court of Arbitration in Recent Water Disputes -- 2.1 Logistical Organization -- 2.2 Composition of Tribunals -- 2.3 Appointment of Experts -- 2.4 Site Visits -- 3 Adapting to Emerging Trends Relevant to International Water Disputes -- 3.1 Alternative Forms of Dispute Settlement -- 3.2 Transparency -- 3.3 Time Constraints -- 4 Conclusion -- Bibliography -- Chapter 7 Basin Commissions, Dispute Settlement and the Maintenance of Peace and Security-The Case of the Lake Chad Basin Commission -- A Basin Commissions as Fora for Dialogue and Cooperation -- B Basin Commissions, Dispute Resolution and the Maintenance of International Peace and Security -- C The Case of the Lake Chad Basin Commission -- 1 Creation of the Lake Chad Basin Commission as a Technical Forum to Prevent Conflict over Water Uses -- 2 From Technical Forum to Military Platform: The Lake Chad Basin Commission and the Fight against Terrorism -- Bibliography -- Chapter 8 Settling Disputes in Regional Fisheries Management Organisations: Dealing with Objections -- 1 Introduction -- 2 The Nature of Disputes within rfmo s: Disputes Relating to Objections and Opt-Outs -- 3 The Requirement of Expeditious Dispute Settlement within rfmo s -- 4 Resolving Disputes Resulting in the Use of Objection Procedures -- 4.1 Post-fsa rfmo s -- 4.2 Pre-fsa rfmo s -- 5 Invoking the Objection Review Procedure in the sprfmo -- 6 Conclusion -- Bibliography -- Chapter 9 The International Seabed Authority and Disputes over Deep Seabed Mining -- 1 Introduction -- 2 Background -- 3 Scope of the Chamber's Jurisdiction -- 4 Potential Disputes Outside the Jurisdiction of the Chamber -- 5 Concluding Remarks -- Bibliography. Chapter 10 The European Union's Engagement in International Maritime Disputes: Looking Inwards, Looking Outwards and Looking Both Ways -- 1 Introduction -- 2 Looking Inwards -- A The Limits of EU Law and Maritime Disputes between the Member States -- B Maritime Disputes Relating to EU Legislation and Other EU Acts -- 1 Preliminary Rulings from National Courts -- 2 Commission's Infringement Cases against EU Member States and Cases Arising out of Administrative Enforcement -- 3 Annulment Action against the EU Institutions -- 4 Disputes between EU Institutions: Issues of Procedure, Competence and Representation -- 3 Looking Outwards -- A Contentious Cases -- B itlos Advisory Proceedings, Case No 21 -- 4 Final Remarks -- Bibliography -- Part 3 The Role of Substantive and Procedural Principles in Dispute Resolution -- Chapter 11 Procedural Rules of International Water Law and the Imminent Challenges of the Ecosystem Approach -- 1 Introduction -- 2 Procedural Rules of International Water Law-The Current Consensus -- 3 The Ecosystem Approach: the New Paradigm in Transboundary Water Management -- 3.1 Environmental Flows -- 3.2 Ecosystem Services -- 4 Imminent Challenges in Procedural Engagement -- 4.1 Adaptive Management -- 4.2 Broad Stakeholder Participation -- 4.3 Benefit-Sharing Arrangements -- 5 Conclusion -- Bibliography -- Chapter 12 Substantialising the Procedural Obligations of International Water Law between Compensatory and Distributive Justice -- 1 Introductory Remarks -- 2 The Entanglement of Procedural Obligations with the Two Substantive Principles of International Water Law within the Framework of Cooperation -- 2.1 With Regard to the Equitable and Reasonable Utilization Principle -- 2.2 With Regard to the No-Harm Rule. 3 The Procedural Obligations Giving Effect to the Substantive Obligations of International Water Law and Individual State Conduct.
A Bridge Over Troubled Waters: Dispute Resolution in the Law of International Watercourses and the Law of the Sea offers novel comparative analysis from leading experts on the resolution of disputes concerning international watercourses and the oceans.
9789004434950
Dispute resolution (Law). Water rights (International law). Law of the sea.