Codifying the minimum standards of the law of international watercourses: remarks on part one and a half

This article discusses the attempts by the Working Group of the UN General Assembly's 6th Committee, which held its first session from 7 to 25 October 1996, to elaborate a framework convention on the Law of the Non-navigational Uses of International Watercourses. The Convention is based on the 1994 draft articles by the International Law Commission, and is intended to have a residual character. As such it will apply to States parties in the absence of specific watercourse agreements, and serve as a guideline. However, the persistence of a fragmented defence of short-term national self-interest on the part of many delegations prevented the finalization of a universal legal instrument in the first round of the negotiations. The major stumbling blocks relate to the natural adversarity between "upstream" and "downstream" riparians. Deep seated conflicts of interest were particularly prominent in discussions of concepts such as the "equitable utilization principle" vis-à-vis the "no-harm rule" (art. 7), the concept of "optimal utilization" (art. 5); the determination of when a particular use is "equitable and reasonable" (art. 6); constraints on the freedom of exploitation of natural resources (art. 7); and the obligation to notify co-riparians of planned measures which may have adverse effects upon other watercourse states (arts. 11–19). Despite many obstacles, the Working Group made considerable progress in identifying language that would balance respective interests in the Convention. It is hoped that agreement may be reached on the final text during the next session, scheduled for 24 March–4 April 1997 While the present article traces the deliberations at the UN in October 1996, and some of the main conflicts, a separate article by Maurizio Arcari in the forthcoming August 1997 issue of Natural Resources Forum will discuss the draft articles submitted by the International Law Commission.     

The completion of the preparatory work for the UN Convention on the Law of International Watercourses

This article deals with the debate of the UN General Assembly on the establishment of a framework convention on the Law of the Non-Navigational Uses of International Watercourses. The debate took place in two sessions, held in October 1996 and March/April 1997, with the final voting and adoption of the Convention on 21 May 1997.
The present article concentrates on the second part of the negotiations and the finalization of the text. Salient aspects are analyzed, such as the normative function of the Convention, the two important principles of "equitable utilization" and the "no-harm rule", as well as peaceful settlement of disputes. The preparatory work concerning these provisions is examined, and some general consideration is given to the results achieved.
The present article is a sequel to the account by the same author, published in NRF 21:2, which deals with the first part of the debate and outlines the main legal and political issues at stake. The original text of the ILC articles is also included in the Special Issue on Transboundary Waters.
Although the author was a member of the Italian Delegation to the Working Group, the opinions expressed in the present article are his own and do not necessarily reflect the views of the Italian Government. The author apologizes for any inaccuracies in the presentation of the views of other delegations in this article.     

The International Law Commission and Legal Principles Related to the Non-navigational Uses of the Waters of International Rivers

There are serious problems related to the use and conservation of international rivers. Riparian nations tend to use their waters and to transfer negative impacts, such as pollution, to other countries. This paper examines the work of the International Law Commission as it seeks to elaborate a framework convention for the use and conservation of shared watercourses. Although this task is still in progress, basic substantive principles such as 'equitable apportionment' and 'prohibition against appreciable harm' seem to be widely agreed upon. The immediate need is the development of and the agreement on, procedural systems for conflict resolution.     

Education on environmental law

Summary The current views on whether environmental law is a subject of study at the Universities is discussed in this paper. The author traces the development of environmental law, and maintains that legal science is one, and that it has been grounded into branches for teaching and research purposes. A case for the teaching of environmental law at the universities is made. A teaching programme is suggested which brings out the relationships of environmental law with ecology, social science, economics, management science, technology and other branches of legal science.Born in Argentina, with a Doctor of Law from the University of Buenos Aires. Has held professorships in Water and Mining Laws, Agrarian and Mining Law, Natural Resources Law, in several universities in Argentina. He was a visiting professor in the period 1967–71, at Delft Technological Institute, The Netherlands.From 1969–70, he was Secretary of State for Water Resources of Argentina, and in 1970, Vice-Chairman of the UN Committee on Natural Resources. Consultant on Environmental Law for FAO in 1970. He is at present (1980–82) President of the International Water Resources Association.He has been a member of the IUCN Commission on Environmental Policy, Law and Administration since 1978, is President of the Inter American Commission on Environmental Law and Administration, and Regional Governor (Latin America) of the International Council on Environmental Law.In 1978 he was awarded the Elizabeth Haub Prix on Environmental law.He is author of several books and papers on environmental, natural resources and water laws. These include Code on Natural Resources (Province of Corrientes Argentina, 1980) and co-author of Code on the Renewable Natural Resources and Environmental Protection, Colombia, 1974.     

Economic Impact of Sea-bed Mineral Resources Development in Light of the Convention on the Law of the Sea

In 1983, the Preparatory Commission for the International Sea-Bed Authority and the International Tribunal for the Law of the Sea appointed its officers, decided upon its structure and adopted a programme of work. In July of the previous year, the US Government announced that it would not sign the Convention on the Law of the Sea and thus would not participate in the deliberations of the Preparatory Commission. As part of the Texts adopted, Resolution II establishes a scheme for the Protection of Pioneer investment pending the entry into force of the Convention. This scheme is predicated on the philosphy embodied in the Convention in respect of the establishment of a resource policy for the development of sea-bed mineral resources and takes into account its basic component, the limitation of production. This article investigates the impact of future sea-bed mineral development on the affected economies of developing land-based producer states. It also reviews the mechanisms to be utilized to mitigate against possible adverse impacts and attempts to assess the extent to which these resources may be exploited in the medium term.     

International policies on the economic resources of the deep-seabed

The resources of the seabed and ocean floor beyond the limits of national jurisdiction were declared the ‘common heritage of mankind’ by the United Nations General Assembly. This article discusses the mineral resources located in this area and how the commercial availability of such resources was perceived to affect national interests. Although the exploitation of these resources would have benefited all states, some more than others, such exploitation was seen to have conflicting consequences on national interests in the light of the North-South dialogue in which trade and access to raw materials played a central role. The factual basis for these different national interests is examined by a discussion of the possible impact of mineral production from the deep-seabed on world markets and the policies implemented in the Convention on the Law of the Sea to ensure these interests are evaluated.     

Sustainable development and technology transfer: business as usual?

The primary role of the Commission on Sustainable Development is to monitor progress in the implementation of Agenda 21 of the United Nations Conference on Environment and Development (UNCED, Rio de Janeiro, June 1992) and to suggest steps that governments and sectors of civil society can lake to move forward on its implementation. The CSD is to consider information provided by governments and to make appropriate recommendations to the General Assembly keeping in mind that national governments have the main responsibility for implementing Agenda 21.     

Rethinking the management of transboundary freshwater resources: a critical examination of modern international law and practice

Available freshwater stocks are being depleted and impaired on a widespread basis, with acute shortages an increasingly frequent condition in arid climates. In transboundary basins, water scarcity and pollution compound interstate tension and contribute to human suffering and ecological damage. This article provides theoretical perspectives on shared freshwater disputes and on the evolution of the international law of shared water resources. It argues that the UN Convention on the Non-Navigational Uses of International Watercourses (ratified by some countries, but not yet in force) is inadequate as a framework convention in terms of providing general obligations on the future parties or an institutional framework for future action. The paper suggests that three critical concepts be considered in future management of shared water resources: (1) the unitary character of watersheds (where the absence of extra-basin diversions allows); (2) joint or "communitarian" watershed management; and (3) the relevance of international trade to alleviating regional food stress, resulting from local water scarcity. Finally, it proposes the establishment of an international advisory body on shared water disputes, modelled after the Intergovernmental Panel on Climate Change (IPCC), whose role is codified in the Kyoto Protocol to the United Nations Framework Convention on Climate Change.     

INTERNATIONAL MANAGEMENT OF THE GREAT LAKES-ST. LAWRENCE BASIN1

Neither Canada nor the United States attach much importance to the International Joint Commission (IJC) judging by the size of staffs and annual budgets. The Commission has been restricted to a relatively minor number of functions in the Great Lakes-St. Lawrence. It has investigated: the degree and causes of water and air quality deterioration; the effects of hydroelectric and navigation projects on water levels; the impacts of water-level fluctuations; and the feasibility of a deep waterway from the St. Lawrence to the Hudson River. Projects approved by the Commission have produced less than might be expected through no fault of the Commission. The Great Lakes Fishery Commission has promoted little international management. Budgetary limitations restrict its lamprey control program; institutional limitations restrict its ability to deal effectively with fishery problems. Commission responsibilities are limited to coordination and advisory functions. Since Canada and the United States have not chosen to refer most aspects of river basin management to international bodies, an institutional void exists in the Great Lakes Basin to consider these questions on a continuous basis. There is a need for expanded international cooperation.     

《大气污染防治法(修订草案)》第四十五条正当性审视

第十二届全国人大常委会第十二次会议初次审议了国务院提请审议的《大气污染防治法(修订草案)》,修订草案第四十五条拟授权省、自治区和直辖市人民政府可以采取机动车限行措施,其正当性引起社会的激烈讨论。机动车限行涉及公民所有权的限制,授权的合法性与正当性应受到公法上法律保留原则和比例原则的审查。草案第四十五条未区分高排放与低排放机动车、常态限制与临时限制,模糊地授权地方立法,不符合法律创设的目的性及必要性要求,第四十五条必须进一步明确授权范围。     

Freshwater – a UNED-UK round table response

This paper summarises the views of a number of experts, who met under the auspices of the United Nations Environment and Development, UK Committe (UNED-UK), on the subject of freshwater. The views are expressed in terms of a number of issues raised by the United Nations General Assembly in 1997, namely: integrated watershed management; the strengthening of regional and international co-operation for technological transfer and finance for projects; the participation of local communities and women; the provision of an enabling environment for investment; economic pricing; strengthening the capability of governments and international institutions to collect-and manage information; transformation to less water-intensive modes of agricultural and industrial production; sustainable management of international water courses and additional financial resources for a programme of action. Various actions and recommendations are proposed.     

Ecological effects of the frog's legs trade

Summary The author reviews the trade in frogs from India, conducted to provide a culinary delicacy in frogs' legs for the West. Excessive harvesting of frogs upsets the ecological balance in their natural habitats and increases the need for extensive use of insecticides, with consequent additions to both pollution and costs.Dr G.M. Oza is Reader in Botany in the Faculty of Science at the Maharaja Sayajirao University of Baroda. He is also General Secretary of the International (formerly Indian) Society of Naturalists (INSONA), and Founding Editor ofEnvironmental Awareness. He serves as a Member of the Commission on Ecology and the Commission on Education and Training of IUCN — the World Conservation Union. This paper was first submitted for publication in 1986.     

Environmental policy expansion in the EU: the intriguing case of bioinvasion regulation

ABSTRACT

While bioinvasion was an issue of low political salience in Europe, a new regulation addressing it was adopted in 2014 with strong support. This article analyzes the making of the regulation as an intriguing case of policy expansion amid economic crisis. Based on theoretical literature on drivers of EU policy integration and policy dismantling, alternative plausible explanations are explored. Our main finding is that development of economic policy consensus among member states on trade-environment nexus was crucial for progress towards regulatory action. Policy consensus has been driven by a confluence of three domestic factors: trade liberalization, market disintegration, and changing ideas about the desirability of EU-level law, with the European Commission as policy entrepreneur. Low political salience has also had an important effect. It has increased the influence of transnational conservation alliances, which have played a significant catalytic role in building consensus by shifting consciousness to economic reward of policy action vs inaction, and bringing international models for legislative reform to the EU jurisdiction.     

Reconciling Environmental and Flood Control Goals on an Arid-Zone River: Case Study of the Limitrophe Region of the Lower Colorado River in the United States and Mexico

Arid zone rivers have highly variable flow rates, and flood control projects are needed to protect adjacent property from flood damage. On the other hand, riparian corridors provide important wildlife habitat, especially for birds, and riparian vegetation is adapted to the natural variability in flows on these rivers. While environmental and flood control goals might appear to be at odds, we show that both goals can be accommodated in the Limitrophe Region (the shared border between the United States and Mexico) on the Lower Colorado River. In 1999, the International Boundary and Water Commission proposed a routine maintenance project to clear vegetation and create a pilot channel within the Limitrophe Region to improve flow capacity and delineate the border. In 2000, however, Minute 306 to the international water treaty was adopted, which calls for consideration of environmental effects of IBWC actions. We conducted vegetation and bird surveys within the Limitrophe and found that this river segment is unusually rich in native cottonwood and willow trees, marsh habitat, and resident and migratory birds compared to flow-regulated segments of river. A flood-frequency analysis showed that the existing levee system can easily contain a 100 year flood even if vegetation is not removed, and the existing braided channel system has greater carrying capacity than the proposed pilot channel.     

Improving pesticide regulation in the third world: The role of an independent hazard auditor

Central to the environmental and health hazards created by the expanding use of pesticides in developing countries is the weakness of national regulatory agencies. This article reviews current international efforts aimed at supporting these institutions and describes the contribution that an external “hazard auditor” might make in assessing the pesticide industry's adherence to accepted standards of health and environmental protection. An independent evaluation of this kind may prove attractive to all parties in the long-standing confrontation over the control of pesticide technology: the industry, public interest groups, developing and developed countries, and international agencies. The article outlines one approach to operationalizing the concept and examines initial responses to the proposal. An earlier version of this paper was presented at the International Commission on Occupational Health/International Development Research Centre Symposium on the Impact of Pesticide Use on Health in Developing Countries, 17–21 September 1990, Ottawa, Canada.     

Environmental Health Policy: Analytic “Framing” of the Great Lakes Picture

/ The International Joint Commission (IJC) has overseen the implementation of the Great Lakes Water Quality Agreement between Canada and the United States for 25 years. Part of its mandate has been to facilitate international cooperation among a diversity of stakeholders focusing on the "waters" and the "ecosystem." In the 1970s policy focused on phosphorus reduction and individual contaminants, with some efforts (after 1978) to take an ecosystem (ecological perspectives) approach. In the last 15 years human health effects from (real and perceived) environmental causes have received considerable recognition. By contrast, less concern has been expressed for what is traditionally considered "environment" issues (such as protecting fish species). This shift at the policy level is well illustrated in the manner in which human health is increasingly used as a way for mobilizing environmental agendas. This paper analyzes nine IJC biennial reports to track how the framing of Great Lakes issues has shifted from concern for its waters to concern for human neurobehavior and reproductive systems. Frame analysis is used to conceptualize the controversies that are expressed through the Great Lakes policy documents. The analysis of the reports also reveals a shift in operational frames, used by the IJC to mobilize decision-makers into action.     

Environmental legislation, economic growth and risk in minerals development The Bolivian case

This paper examines the General Environmental Law of Bolivia which was recently passed by its Congress. It is a multi-purpose law with two primary objectives: (i) the protection and conservation of the environment; and (ii) the promotion of sustainable development. In this law, environmental benefits are emphasized by stating general principles, not by attempting to define the means. Regulations setting forth the means are left to the writing of subsequent complementary codes. This paper shows that much of the controversy surrounding the legislation disappears when it is seen as a guideline rather than an operational part of Bolivia's industrial policy. In essence, the law addresses environmental awareness in a region that is more anxious than ever to speed economic growth.     

The Global Consultation on Safe Water and Sanitation for the 1990s

The Global Consultation on Safe Water and Sanitation for the 1990s was an outstanding opportunity for participants from 102 developing countries along with over 60 External Support Agencies (ESA) to assess the experiences of the International Drinking Water Supply and Sanitation Decade 1981–1990 (IDWSSD) and to reach a consensus on strategies and approaches for complete and effective coverage of water supply and sanitation. The resulting New Delhi Statement summarizing the conclusions and recommendations of the Global Consultation was presented to the General Assembly in autumn 1990. As one of the positive results, the New Delhi Consultation agreed that the UN Agencies and other bodies should continue the coordination work of the Steering Committee for Water Supply and Sanitation. It also provided a basis for the restructuring and consolidation of the new Collaborative Council for Water Supply and Sanitation, which will form a continuous consultative body for all UN agencies, NGOs, other external support agencies and developing countries concerned with the water sector.     

Reducing conflict over the Danube waters: equitable utilization and sustainable development

This paper develops the idea that the principle of equitable utilization must be applied in concert with sustainable water use not only in the resolution of specific disputes but in the cooperative management of water resources in general. It illustrates this point with two different cases involving the use of the Danube River. The first is the conflict over the Gabcikovo Nagymaros Dam, which now rests before the International Court of Justice. The author argues that a narrow legal ruling that fails to take into account broader issues of equitable utilization as they relate to sustainable development will not satisfactorily address the long-term questions at stake between the parties. The second involves the situation in the Danube Delta where the potential for conflict exists, but may be minimized through the convention and institutional framework developed to address the environmental degradation and pollution of the Danube River basin, which is based in part on the principle of equitable utilization and the goal of achieving more sustainable water use. The paper provides a brief overview of the geographical features of the Danube River and international water law. It then explores the principle of equitable utilization and sustainable water use in light of the two cases and discusses the implications for the resolution and management of conflicts involving internationally shared water courses.     

The environmental dimension to security issues

Summary Citing topical international instances the author demonstrates that environmental impoverishment is a major cause for tension and hostilities between nations. He makes a strong case that an assessment of security concepts should include a measure of environmental and resource-based stability.Few threats to peace and survival of the human community are greater than those posed by the prospects of cumulative and irreversible degradation of the biosphere on which human life depends. In a global context, true security cannot be achieved by mounting buildup of weapons (defense in a narrow sense), but only by providing basic conditions for solving non-military problems which threaten them. Our survival depends not only on military balance, but on global cooperation to ensure a sustainable biological environment.Report of the Brandt Commission, 1980Dr Norman Myers is a consultant in environment and development. He is a prolific author and served as the General Editor toThe GaiaAtlas of Planet Management (1985). In 1983, Dr Myers was awarded the World Wildlife Fund Gold Medal for his work on conservation.