TY - JOUR
T1 - The law of transboundary aquifers
T2 - many ways of going forward, but only one way of standing still
AU - Eckstein, Gabriel
AU - Sindico, Francesco
PY - 2014/4/16
Y1 - 2014/4/16
N2 - The international community has been considering international legal norms and policies for the management of transboundary aquifers for more than ten years. In 2008, the International Law Commission provided a framework with the adoption of the Draft Articles on the Law of Transboundary Aquifers, which are now formally annexed to a United Nations General Assembly (UNGA) Resolution. Since 2008, the topic of the law of transboundary aquifers has thrice been placed on the agenda of the UNGA Sixth Committee with a specific mandate to discuss the future form of the Draft Articles. This article explores the options before the international community regarding the future form of the Draft Articles and considers the possible advantages and disadvantages of each option. The article also discusses the extent to which the actual form of the Draft Articles matters in itself, or whether the impact of the Draft Articles ultimately will depend on other factors.
AB - The international community has been considering international legal norms and policies for the management of transboundary aquifers for more than ten years. In 2008, the International Law Commission provided a framework with the adoption of the Draft Articles on the Law of Transboundary Aquifers, which are now formally annexed to a United Nations General Assembly (UNGA) Resolution. Since 2008, the topic of the law of transboundary aquifers has thrice been placed on the agenda of the UNGA Sixth Committee with a specific mandate to discuss the future form of the Draft Articles. This article explores the options before the international community regarding the future form of the Draft Articles and considers the possible advantages and disadvantages of each option. The article also discusses the extent to which the actual form of the Draft Articles matters in itself, or whether the impact of the Draft Articles ultimately will depend on other factors.
KW - transboundary aquifers
KW - international law
KW - international environmental law
UR - http://onlinelibrary.wiley.com/doi/10.1111/reel.12067/abstract;jsessionid=07AE76EBED3EE52D4A4264CE3A0F4726.f04t02
U2 - 10.1111/reel.12067
DO - 10.1111/reel.12067
M3 - Article
SN - 0962-8797
VL - 23
SP - 32
EP - 42
JO - Review of European Community and International Environmental Law
JF - Review of European Community and International Environmental Law
IS - 1
ER -