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Edited Legal Collections Data |
Book Title: Research Handbook on Freshwater Law and International Relations
Editor(s): Tignino, Mara; Bréthaut, Christian
Publisher: Edward Elgar Publishing
ISBN: 9781785360640
Section: Chapter 8
Section Title: Diplomacy, responsibility and accountability in transboundary water disputes
Author(s): Tanzi, Attila
Number of pages: 18
Abstract/Description:
The chapter deals with the diplomatic and legal means available to address transboundary water disputes. The contribution provides a brief comparative overview of the dispute settlement provisions of the 1992 UNECE Water Convention and of the 1997 UN Watercourses Convention. It is emphasized how, under the former instrument, the general obligation to cooperate is to be implemented through joint bodies, whose effectiveness is buttressed by the institutional setting of the MoP and its subsidiary organs. Within this context, the study addresses the implementation review mechanism which has been recently established under the same Convention, highlighting its potentials for the purposes of dispute prevention and settlement. The contribution concludes stressing the constructive interactions between negotiation and adjudication having special regard to the significant ‘distributive justice’ component of international water law.
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URL: http://www.austlii.edu.au/au/journals/ELECD/2018/1242.html