The Groundwater Project

Identifying International Legal Trends for Managing Transboundary Groundwater and Aquifers

Cover Identifying International Legal Trends for Managing Transboundary Groundwater Resources
Publication year: 2024
Number of pages: 82

978-1-77470-100-3

Author:

Gabriel Eckstein – Texas A&M University School of Law, USA

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Last Update: 11 July 2024
Released: 20 June 2024

Description

Humanity is heavily dependent on transboundary groundwater resources and aquifers for its freshwater. As a result, policymakers, groundwater managers, water law professionals, and the public must become more aware about this critical resource to ensure its sustainable use into the future. This book reviews the handful of treaties and informal arrangements implemented by various nations around the world for the assessment, use, allocation, and protection of cross-border groundwater and aquifers. It also identifies international legal trends, practices, and priorities emerging from these instruments, identifies gaps and shortcomings in the emerging legal regime, and offers recommendations for further development of the law.

Interview with the Author

Contents

1 INTRODUCTION

2 UNDERSTANDING INTERNATIONAL LAW

3 SOURCES FOR IDENTIFYING INTERNATIONAL LAW FOR TRANSBOUNDARY GROUNDWATER AND AQUIFERS

4 DEVELOPING INTERNATIONAL LEGAL NORMS FOR TRANSBOUNDARY AQUIFERS

4.1 Norms Imposing Procedural Obligations

4.1.1 Obligation to regularly exchange data and information
4.1.2 Obligation to monitor and generate supplemental data and information
4.1.3 Obligation to create institutional mechanisms to facilitate or implement the agreement or informal arrangement
4.1.4 Obligation to provide prior notification of planned activities

4.2 Norms Creating Substantive Obligations

4.3 Process Over Substance

5 GAPS

5.1 Gaps in the Law

5.2 Gaps in the Analysis

6 CONCLUSION

7 QUESTIONS FOR REFLECTION ON THE TOPICS ON THIS BOOK

8 REFERENCES

Articles, Books, Webpages, and Reports

Treaties, Agreements, Informal Arrangements, and Related International Instruments

Court Decisions

9 ANSWERS TO QUESTIONS

10 ABOUT THE AUTHOR