The Proceduralisation and Growing Maturity of International Water Law: Case Concerning Pulp Mills on the River Uruguay (Argentina v Uruguay), International Court of Justice, 20 April 2010

2010 ◽  
Vol 22 (3) ◽  
pp. 475-497 ◽  
Author(s):  
O. McIntyre
Keyword(s):  
Water Law ◽  
Pulp Mills ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
International Water Law ◽  
International Water

scholarly journals Determinación de un curso de agua internacional: La disputa de Chile c. Bolivia concerniente al río Silala

2017 ◽  
Vol 6 (12) ◽  
Author(s):  
Florian Kriener
Keyword(s):  
Atacama Desert ◽  
Water Law ◽  
Valuable Resource ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
International Water Law ◽  
International Water ◽  
Legal Arguments

Chile and Bolivia find themselves before the International Court of Justice yet again, this time litigating about the most valuable resource in the Atacama Desert: Water. Bolivia started asserting exclusive ownership over the Silala watercourse towards the end of the last century provoking the Chilean application to the Court in mid-2016. Therein, Chile seeks the Court to establish the applicability of International Water Law to the Silala watercourse employing scientific and legal arguments. This article analyzes the States’ arguments and arrives at the conclusion that the Silala is an international watercourse as Chile explicitly and Bolivia tacitly agreed on this status.

scholarly journals The inter-relationship between no harm, equitable and reasonable utilisation and cooperation under international water law

2020 ◽  
Vol 20 (4) ◽  
pp. 619-629
Author(s):  
Attila M. Tanzi
Keyword(s):  
International Justice ◽  
Water Law ◽  
International Court Of Justice ◽  
Legal Principles ◽  
Community Interest ◽  
Court Of Justice ◽  
International Court ◽  
International Water Law ◽  
International Water ◽  
No Harm Principle

Abstract The chapter addresses the no-harm principle as a core pillar of the international water law regime, and its inter-relationship with the principles of equitable and reasonable utilisation and cooperation. No harm will be described in its harmonised relation to the latter two principles under the “community interest” approach to transboundary watercourses, as enunciated by the Permanent Court of International Justice and later corroborated by the International Court of Justice. Such a harmonised construction of the three-pronged body of international water law will be illustrated as one disproving any alleged priority or, conversely, subservience of either principle with respect to the others. It will also be shown how the same construction emphasises the integration and inter-relationship between the legal principles at hand.

scholarly journals Due Diligence Obligations and Transboundary Environmental Harm: Cybersecurity Applications

Laws ◽  
2018 ◽  
Vol 7 (4) ◽  
pp. 36 ◽  
Author(s):  
Akiko Takano
Keyword(s):  
Customary Law ◽  
Environmental Harm ◽  
Water Law ◽  
Due Diligence ◽  
International Court Of Justice ◽  
Environmental Impact Assessments ◽  
International Court ◽  
International Water Law ◽  
International Water ◽  
Definition Of

This paper analyzes the due diligence obligations with regard to transboundary harm in international water law and their application to cybersecurity by clarifying the definition of due diligence in light of the procedural duties in recent International Court of Justice (ICJ) cases. The paper explores whether states have responsibilities to prevent transboundary harm caused by nonstate actors. The existing literature on due diligence obligations in international water law and cybersecurity was reviewed, along with ICJ cases relating to procedural duties (international co-operation, environmental impact assessments, and information sharing). The findings confirm that, although procedural duties may be less onerous in cyberspace than in the environment, such duties indeed exist, albeit to a lesser degree. The differences may be accounted for by the fact that customary law related to the environment is already well developed. This study clarifies the concept of due diligence by focusing on procedural duties and examining the definition of due diligence in cyber operations. Due diligence obligations are crucial for states seeking to prevent transboundary harm and are an evolving principle of international law.

Environmental Impact Assessment as a Duty under International Law: The International Court of Justice Judgment on Pulp Mills on the River Uruguay

2010 ◽  
Vol 1 (3) ◽  
pp. 317-324 ◽  
Author(s):  
Cymie R. Payne
Keyword(s):  
Environmental Impact ◽  
International Law ◽  
Pulp Mills ◽  
High Stakes ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Environmental Dispute ◽  
International Boundary ◽  
Uruguay River

On April 20, 2010, the International Court of Justice (ICJ) announced its judgment in a high-stakes environmental dispute between Argentina and Uruguay, concerning Uruguay's authorization for pulp mills on the banks of the Uruguay River, which forms the international boundary between the two countries.

Giving Substance to Form: Moving towards an Integrated Governance Model of Transboundary Environmental Impact Assessment

2012 ◽  
Vol 81 (1) ◽  
pp. 21-38 ◽  
Author(s):  
Alexander Langshaw
Keyword(s):  
Environmental Impact ◽  
Public Participation ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Pulp Mills ◽  
International Court Of Justice ◽  
Reform Strategies ◽  
Court Of Justice ◽  
Governance Model ◽  
International Court

This article addresses the distinction drawn by the International Court of Justice in its judgment in the Pulp Mills case between procedural and substantive obligations in relation to transboundary environmental impact assessment (TEIA). Challenging the presumption that procedural obligations are fundamentally linked with the broader substantive goals of TEIA, this paper contends that this will only be the case where a focus on a strong role for public participation can serve to mitigate the information asymmetries endemic to TEIA processes. Longer-term reform strategies, incorporating a threefold focus upon procedural obligations, substantive standards and effective enforcement processes, are also explored.

The Primacy of the Principle of Equitable Utilization in the 1997 Watercourses Convention

1998 ◽  
Vol 35 ◽  
pp. 215-232 ◽  
Author(s):  
Charles B. Bourne
Keyword(s):  
General Assembly ◽  
Water Law ◽  
Final Report ◽  
International Court ◽  
International Water Law ◽  
International Water ◽  
No Harm Principle ◽  
Equitable Utilization ◽  
International Law Commission ◽  
The Relationship

SummaryThe International Law Commission wrestled for over a decade with the relationship between the principle of equitable utilization and the no harm principle in its work on the law of the non-navigational uses of international watercourses. In its final Report to the UN General Assembly on this topic in 1994, the Commission presented a set of Draft Articles couched in obscure language that reflected the sharp differences of opinion on the matter and the compromises that had been made. This division of opinion about the relationship between these two principles persisted in the Working Group of the Sixth Committee of the General Assembly to which the Draft Articles were referred. Again, compromises were reached and the language of the substantive articles (in particular Articles 5, 7, 20, and 21) of the Watercourses Convention, adopted by the General Assembly on May 21, 1997, continues to be obscure and its meaning debatable.It is argued here that in this Convention the principle of equitable utilization, which prescribes the reasonable and equitable sharing of the beneficial uses of the waters of an international watercourse, is made the primary substantive rule of international water law; harm caused by a utilization of these waters is, of course, an important factor to be taken into account in determining whether, in a particular case, the utilization is reasonable and equitable and, therefore, lawful. This interpretation of the Watercourses Convention brings it into harmony with customary international water law. It is an interpretation that finds support in the recent decision of the International Court of fustice in the Gabákovo case.

The 2010 Judicial Activity of the International Court of Justice

2011 ◽  
Vol 105 (3) ◽  
pp. 477-492 ◽  
Author(s):  
Jacob Katz Cogan
Keyword(s):  
International Law ◽  
Democratic Republic ◽  
Advisory Opinion ◽  
Pulp Mills ◽  
International Court Of Justice ◽  
Republic Of Guinea ◽  
Court Of Justice ◽  
International Court ◽  
Unilateral Declaration ◽  
Republic Of The Congo

The International Court of Justice rendered two final decisions on the merits in 2010: in Pulp Mills on the River Uruguay (Argentina v. Uruguay) and Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo). The Court also issued an advisory opinion in Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo and an order finding Italy’s counterclaim inadmissible in Jurisdictional Immunities of the State (Germany v. Italy).

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