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Book Title: Water Resource Management and the Law
Editor(s): Hollo, J. Erkki
Publisher: Edward Elgar Publishing
ISBN (hard cover): 9781785369827
Section: Chapter 9
Section Title: Tensions and relationships in international water law
Author(s): Kuokkanen, Tuomas
Number of pages: 21
Abstract/Description:
The chapter discusses how international law has sought to resolve, regulate and manage problems and relationships relating to the protection and utilization of waters. The chapter distinguishes four dimensions: subjective, spatial, temporal and material. Issues relating to watercourses should not be dealt with in a vacuum but are surrounded by a web of tensions, conflicts and relationships. The use of different dimensions helps to determine where the essence lies, what possible trade-offs and benefits are available, what kind of conflicts of interest exist and whether any synergies or interlinkages can be identified. The chapter then explores different tools and methods provided by international law. In this regard, three broad themes are discussed: dispute settlement, regulations and management. These approaches reflect three contextually different but interlinked ways of dealing with such issues. However, while such tools exist at a general level, their functionality depends on the specific circumstances at hand. Keywords: Chapter 9 (Kuokkanen): International water law, transboundary watercourses, dispute settlement, Harmon doctrine, case law, sustainable development
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URL: http://www.austlii.edu.au/au/journals/ELECD/2017/1479.html