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 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 at the Commission on Sustainable Development: the perception of the international community

This paper explores the role of education as it might assist in achieving a sustainable world. It examines the perceptions of the international community present at the seventh session of the Commission on Sustainable Development (CSD). A survey was conducted of 146 delegates and UN staff over the two weeks of the Commission's session in April 1999. The survey identified the primary importance placed on education as a cross-cutting theme of sustainability and the need for efforts to be co-ordinated to achieve education for sustainable development at all levels. To make further progress for implementing Agenda 21, the task management by UNESCO must improve through instigation of a supportive reporting system at the CSD. The education community must receive appropriate support and funding to make effective progress at local and national levels to implement the work programme for education, public awareness and training.     

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.     

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.     

A Paradigm of International Environmental Law: The Case for Controlling the Transboundary Movements of Hazardous Wastes

The production of large quantities of wastes globally has created a commercial activity involving the transfrontier shipments of hazardous wastes, intended to be managed at economically attractive waste-handling facilities located elsewhere. In fact, huge quantities of hazardous wastes apparently travel the world in search of “acceptable” waste management facilities. For instance, within the industrialized countries alone, millions of tonnes of potentially hazardous waste cross national frontiers each year on their way for recycling or to treatment, storage, and disposal facilities (TSDFs) because there is no local disposal capacity for these wastes, or because legal disposal or reuse in a foreign country may be more environmentally sound, or managing the wastes in the foreign country may be less expensive than at home. The cross-boundary traffic in hazardous wastes has lately been under close public scrutiny, however, resulting in the accession of several international agreements and laws to regulate such activities. This paper discusses and analyzes the most significant control measures and major agreements in this new commercial activity involving hazardous wastes. In particular, the discussion recognizes the difficulties with trying to implement the relevant international agreements among countries of vastly different socioeconomic backgrounds. Nonetheless, it is also noted that global environmental agreements will generally be a necessary component of ensuring adequate environmental protection for the world community—and thus a need for the careful implementation of such agreements and regulations.     

Organotin pollution in China: an overview of the current state and potential health risk

In recent years, considerable amounts of organotin compounds have entered the environment due to the wide industrial applications in China. Organotins were found in various environmental media. An overview of organotin contamination and distribution in China from various environmental samples, including waters and sediments, is presented to better understand the current state of organotin pollution in China and to improve environmental monitoring and management of organotin contamination. Exposure to organotin contaminated water and sediments induces accumulation of organotins in molluscs and biological effects such as imposex. Potential harmful effects on human health may also result from consumption of contaminated seafoods. Detailed information on distribution, impacts and assessment of risk to human health and marine ecosystems is discussed and monitoring of TBT using biomarkers is described. This review highlights the serious organotin contamination of coastal cities in China and emphasizes the need for long-term monitoring and the development of an effective regulatory program.     

Renewable energy and sustainable development in the Pacific Islands: an issue of international aid

This paper discusses international aid issues related to energy supply and sustainable development in the Pacific Islands. Certain foreign donors have focused their aid to the region mainly on poverty alleviation, and have failed to support critical sectors, such as the energy sector, which is one of the main driving forces in socio-economic development. As an example, this paper analyses the international aid program of Australia for renewable energy in the Pacific Island region. It is recommended that, in future, foreign aid take up the challenge of promoting recipient countries' capabilities in sustainable development. A key strategy to be adopted by foreign aid should be strengthening recipients' energy sectors, particularly renewable energy systems. It is argued that this approach will assist the long-term socio-economic development and environmental management of the region.     

Aboriginal/non-Aboriginal relations and sustainable forest management in Canada: The influence of the Royal Commission on Aboriginal Peoples

This paper provides an overview of the emerging role of Aboriginal people in Sustainable Forest Management (SFM) in Canada over the past decade. The 1996 Royal Commission on Aboriginal Peoples (RCAP) provided guidance and recommendations for improving Aboriginal peoples' position in Canadian society, beginning with strengthening understanding and building relationships between Aboriginal and non-Aboriginal parties. This paper explores the extent to which advances in Aboriginal/non-Aboriginal relationships and Aboriginal forestry have been made as a result of RCAP's call for renewed relationships based on co-existence among nations. Such changes have begun to alter the context in which Aboriginal/non-Aboriginal relationships exist with respect to SFM. While governments themselves have generally not demonstrated the leadership called for by RCAP in taking up these challenges, industry and other partners are demonstrating some improvements. A degree of progress has been achieved in terms of lands and resources, particularly with co-management-type arrangements, but a fundamental re-structuring needed to reflect nation-to-nation relationships has not yet occurred. Other factors related to increasing Aboriginal participation in SFM, such as the recognition of Aboriginal and treaty rights, are also highlighted, along with suggestions for moving Aboriginal peoples' SFM agenda forward in the coming years.     

A Water Quality Index Applied to an International Shared River Basin: The Case of the Douro River

A Water Quality Index (WQI) is a numeric expression used to evaluate the quality of a given water body and to be easily understood by managers. In this study, a modified nine-parameter Scottish WQI was used to assess the monthly water quality of the Douro River during a 10-year period (1992–2001), scaled from zero (lowest) to 100% (highest). The 98,000 km² of the Douro River international watershed is the largest in the Iberian Peninsula, split between upstream Spain (80%) and downstream Portugal (20%). Three locations were surveyed: at the Portuguese–Spanish border, 350 km from the river mouth; 180 km from the mouth, where the river becomes exclusively Portuguese; and 21 km from the mouth. The water received by Portugal from Spain showed the poorest quality (WQI 47.3 ± 0.7%); quality increased steadily downstream, up to 61.7 ± 0.7%. In general, the water quality at all three sites was medium to poor. Seasonally, water quality decreased from winter to summer, but no statistical relationship between quality and discharge rate could be established. Depending on the location, different parameters were responsible for the episodic decline of quality: high conductivity and low oxygen content in the uppermost reservoir, and fecal coliform contamination downstream. This study shows the need to enforce the existing international bilateral agreements and to implement the European Water Quality Directive in order to improve the water quantity and quality received by the downstream country of a shared watershed, especially because two million inhabitants use the water from the last river location as their only source of drinking water.     

The legal design of the international and European Union ban on tributyltin antifouling paint: direct and indirect effects

The Convention on the Control of Harmful Anti-fouling Systems on Ships (AFS Convention), which was adopted in 2001 and will come into force in September 2008, bans the use of TBT (tributyltin) antifouling paint on ships. The EU (European Union) effectively implemented the Convention on 1 January 2008 by enforcing a similar ban. Several states have national restrictions and bans in place. The regulation on TBT antifouling paint aims at checking the risk of adverse effects on marine ecosystems. The legal and political situation is, however, characterized by complex relations between different layers of legislation, the use of several different legal techniques, and levels of ambition. The international and EU bans thereby cause some indirect effects, which are only partly included in what is seen as 'the TBT issue' and so only partly assessed in the legal process of the ban. This article discusses the expediency of the existing legislation and legal strategies aimed at reducing the negative environmental effects of TBT-like toxins in marine ecosystems and indirect effects of such actions. It considers the adequacy and limits of current regulatory approaches for handling complex environmental problems, such as TBT in antifouling paint.     

The shadow of the past: environmental issues and institutional learning in EU enlargement processes

This paper compares the role of environmental issues in negotiating Spanish membership of the European Union (EU) with the ongoing enlargement talks with Central and Eastern European countries. The paper first argues that the EU has recognized a need to change the way in which it has traditionally managed environmental issues in enlargement processes. Second, the paper provides evidence of learning processes at the Community level that could have effected a change in Community approaches to enlargement in the environmental field. However, the paper shows that the fundamental principles and procedures applied in preparing for eastern enlargement match those used in previous enlargement rounds, resembling a largely technical exercise with exclusive focus on the applicants' ability to align with the acquis communautaire and the length of transition periods. The lack of sufficient adaptation or reform suggests that path dependence and institutional inertia have constrained the scope for innovations at the level of policy strategy and institutions, for which the shadow of the past has reinforced established patterns of institutional behaviour and practices. Copyright © 2002 John Wiley & Sons, Ltd.     

The effects of environmental change on individuals and groups: Some neglected issues in stress research

Homeostatic models of the effects of environmental change often entail certain assumptions that may not be warranted. It is widely assumed that the effects of negative environmental change or stress are necessarily adverse and have relatively short-term effects. It is further assumed that these effects are linear, that is, the greater the stress, the more negative the outcome. In contrast, from an ecological and developmental perspective, environmental change is seen as having possible paradoxical (i.e., positive) outcomes as well, depending upon the type and timing of the outcome assessed, and situational and individual factors. Non-linear models are reviewed for their applicability to a broader conceptualization of environmental change. This approach includes both multiple determinants and outcomes of stress, and is sensitive to ecological and developmental concerns, such as the timing and context of the stressor and possible long-term outcomes.     

Materials intensity of GDP: Research issues on the measurement and explanation of change

The intuitively appealing notion that the materials intensity of GDP declines with economic maturity has recently attracted attention: Upon closer inspection the basic concept is seen to be vaguely defined: efforts at measurement do not yield unequivocal results and the causes of change are imperfectly understood. Further research is required using input-output models to trace the impact of technological change on materials consumption for economies at differing levels of development and with differing industrial structures.     

Riverbanks and the law: The arbitrary nature of river boundaries in New South Wales,Australia

Key aspects of environmental management exist within a legislative framework. The Rivers and Foreshores Improvement Act 1948 (NSW) and several Regional Environmental Plans created under the Environmental Planning and Assessment Act 1979 (NSW) make reference to ‘the top of the bank’ for defining areas of protected land adjacent to rivers, within which development consent may be required. It is an arbitrary term and its use within the Rivers and Foreshores Improvement Act 1948 (NSW) leads to confusion. This paper examines the range of definitions of ‘the top of the bank’ in respect of natural watercourses and aims to provide a more lucid and effective definition that will clarify existing ambiguities in legal interpretation. The paper examines the historical origins of the phrase ‘top of the bank’, finding that stereotyped Eurocentric views of what a river ‘should look like’ have impaired the legal definition for Australian rivers, thereby influencing common law and the development of statutory definitions. Judicial applications of the phrase ‘top of the bank’ are examined from a geomorphological perspective, demonstrating the misconceptions of the term in a legal context. The paper identifies the existence of widespread support for the need to protect land adjacent to rivers in the interests of environmental, economic and social sustainability. It concludes by calling for legislative reform that is both tailored to the individual site and consistent with overarching goals at the catchment scale.     

Sustainability and the post-modern city: some guidelines for urban planning and transport practice in an age of uncertainty

Summary Sustainability is one of the key concepts that is associated with post-modernism. The old world with its modernist assumptions was based on increasing consumption of fossil fuels and other resources, reducing the natural and the diverse to simple, American-style mass production, with a strong state-based, large-scale approach to providing infrastructure. That old way no longer works but no way forward is obviously apparent. This paper looks at how the uncertainties produced by post-modernism can be put to advantage in providing a more sustainable postmodern city. It is suggested that the key principles are recognizing values, maximizing diversity and crossing boundaries. These are developed into some guidelines for urban planning and transport practice.This paper was delivered at the Global Forum '94 Academic Conference, Manchester, UK.