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International Watercourses Law and Multilateral Environmental Agreements
A Case for the Integrated Protection and Preservation of Shared Inland Water Ecosystems
Series: - International Water Law Series, Volume: 12
Author:
This book anchors its arguments in Article 20 of the Watercourses Convention and explores consistencies and inconsistencies in parallel definitions, substantive and procedural obligations and institutional arrangements in IWL, and the Ramsar and Biodiversity Conventions with respect to the protection and preservation of ecosystems of shared inland waters. Dr. Yang Liu argues that the all-around informed and integrated application of IWL and MEAs is essential for the effective protection and preservation of shared inland water ecosystems. However, the degree of cross-fertilization of parallel provisions should be examined on a case-by-case basis in light of the legal analytical framework deployed in this study.
Yang Liu, Ph.D. (2020), graduated from the Faculty of Law and Criminology, Ghent University, and is a postdoctoral fellow at the International Water Law Academy, China Institute of Boundary and Ocean Studies (CIBOS), Wuhan University.
Acknowledgment
List of Tables
Abbreviations
1 Introduction
â1 Problem-Setting
â2 Coherence betweenIWL and MEA s: Anchoring within Article of the Watercourses Convention
â3 Use of Terms
â4 Research Methodology and Structure
2 Normative Coherence: Conceptualizing the Ecosystems of Shared Inland Waters
â1 Clarifying âShared Inland Watersâ underIWL
â2 Defining âEcosystemsâ of Shared Inland Waters
â3 Interpreting Ecosystems of Shared Inland Waters in the Context ofMEA s
â4 Concluding Remarks
3 Normative Coherence of Parallel Substantive Obligations in IWL and MEAs: a Legal Analytical Approach
â1 Parallel Obligations for the Protection and Preservation of Ecosystems of Watercourses
â2 Limitations on the Uses of Shared Inland Waters, Wetlands, and Biodiversity
â3 Parallel Obligations for the Prevention of Transboundary Harm
â4 Concluding Remarks: Cross-Fertilization of the Substantive Obligations
4 Implementation Coherence: Bridging Parallel Procedural Obligations inIWL and MEA s
â1 Duty to Cooperate for the Protection and Preservation of Shared Inland Waters Ecosystems
â2 Promoting Synergies in Data and Information Exchange
â3 Absence of Transboundary EIA
â4 Prior Notification of Planned Measures
â5 Consultation and Negotiation on Planned Measures
â6 Compliance Mechanisms
â7 Peaceful Settlement of Disputes
â8 Cross-Fertilization of Parallel Procedural Obligations
5 Implementation Coherence through Cooperation betweenRBO s and Treaty Bodies of the Ramsar and Biodiversity Conventions
â1RBO s and MEA Treaty Bodies
â2 Institutional Cooperation for the Protection and Preservation of Ecosystems of Shared Inland Waters
â3 Public Involvement for the Protection and Preservation of the Ecosystems of Shared Inland Waters
â4 Institutional Cooperation: Promoting Inter-state Cooperation on the Protection and Preservation of the Ecosystems of Shared Inland Waters
6 Operationalization: Ecosystem Protection and Preservation of the Lancang-Mekong River Basin
â1 Setting the Context: Practical and Legal Problems
â2 Cross-Fertilization of Parallel Substantive Obligations in the Basin-Level Legal Regime andMEA s
â3 Cross-Fertilization of Parallel Procedural Obligations in the Basin-Level Legal Regime andMEA s
â4 Institutional Arrangement and Cooperation
â5 Insufficient Legal Basis for Public Involvement
â6 LMRB Statesâ Compliance with Basin-Level and International Legal Regimes
â7 Consultation or Negotiation for the Peaceful Settlement of Disputes
â8 Observations and Remarks
7 Convergence: Cross-Fertilization of IWL andMEA s
â1 Supplementary Roles ofMEA s: Strengths and Weakness
â2 Chinaâs Practice as a Good Example
Bibliography
Index
List of Tables
Abbreviations
1 Introduction
â1 Problem-Setting
â2 Coherence between
â3 Use of Terms
â4 Research Methodology and Structure
2 Normative Coherence: Conceptualizing the Ecosystems of Shared Inland Waters
â1 Clarifying âShared Inland Watersâ under
â2 Defining âEcosystemsâ of Shared Inland Waters
â3 Interpreting Ecosystems of Shared Inland Waters in the Context of
â4 Concluding Remarks
3 Normative Coherence of Parallel Substantive Obligations in IWL and MEAs: a Legal Analytical Approach
â1 Parallel Obligations for the Protection and Preservation of Ecosystems of Watercourses
â2 Limitations on the Uses of Shared Inland Waters, Wetlands, and Biodiversity
â3 Parallel Obligations for the Prevention of Transboundary Harm
â4 Concluding Remarks: Cross-Fertilization of the Substantive Obligations
4 Implementation Coherence: Bridging Parallel Procedural Obligations in
â1 Duty to Cooperate for the Protection and Preservation of Shared Inland Waters Ecosystems
â2 Promoting Synergies in Data and Information Exchange
â3 Absence of Transboundary EIA
â4 Prior Notification of Planned Measures
â5 Consultation and Negotiation on Planned Measures
â6 Compliance Mechanisms
â7 Peaceful Settlement of Disputes
â8 Cross-Fertilization of Parallel Procedural Obligations
5 Implementation Coherence through Cooperation between
â1
â2 Institutional Cooperation for the Protection and Preservation of Ecosystems of Shared Inland Waters
â3 Public Involvement for the Protection and Preservation of the Ecosystems of Shared Inland Waters
â4 Institutional Cooperation: Promoting Inter-state Cooperation on the Protection and Preservation of the Ecosystems of Shared Inland Waters
6 Operationalization: Ecosystem Protection and Preservation of the Lancang-Mekong River Basin
â1 Setting the Context: Practical and Legal Problems
â2 Cross-Fertilization of Parallel Substantive Obligations in the Basin-Level Legal Regime and
â3 Cross-Fertilization of Parallel Procedural Obligations in the Basin-Level Legal Regime and
â4 Institutional Arrangement and Cooperation
â5 Insufficient Legal Basis for Public Involvement
â6 LMRB Statesâ Compliance with Basin-Level and International Legal Regimes
â7 Consultation or Negotiation for the Peaceful Settlement of Disputes
â8 Observations and Remarks
7 Convergence: Cross-Fertilization of IWL and
â1 Supplementary Roles of
â2 Chinaâs Practice as a Good Example
Bibliography
Index
Academics, professionals and graduate students in International Watercourses Law and MEAs, as well as government officials and conservation practitioners.