IMPACT OF THE BASIC FUNCTIONS AND PRINCIPLES OF INTERNATIONAL ENVIRONMENTAL LAW IN THE CONTEXT OF MANAGING WATER RESOURCES
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IMPACT OF THE BASIC FUNCTIONS AND PRINCIPLES OF INTERNATIONAL ENVIRONMENTAL LAW IN THE CONTEXT OF MANAGING WATER RESOURCES
Chapter one
INTRODUCTION
1.1 Background of the Study
We live in a world where environmental and economic repercussions cross national boundaries. As globalisation has increased, there has been a greater realisation of the importance of addressing many of these challenges on a global or regional scale. In some ways, international law governing the use of shared freshwater resources has become considerably clearer in recent years.
The notion of ‘equitable use’ is now widely accepted as the most important regulation governing the use of international watercourses. According to this regulation, determining a reasonable and equitable regime for the use of an international watercourse typically involves taking into account a number of familiar relevant variables or criteria.
However, among the several elements influencing the application of this principle, it is feasible to claim that concerns about the environmental protection of international watercourses are becoming increasingly important and complex.
This is primarily owing to the creation in general and customary international law of a comprehensive set of norms, principles, and legal conceptions necessitating improved protection of many components of the natural environment of international watercourses and riparian states.
The normative content of such rules and principles is becoming more precisely defined, both as they are developed into a sophisticated corpus of legal requirements and as we get a better grasp of their mutual relevance.
Indeed, it might be claimed that the normative sophistication and extensive coverage of general environmental norms provide further ‘voice’ to environmental concerns when determining a reasonable and equitable regime for the use of an international watercourse.
Furthermore, these rules and concepts are increasingly reinforced by complex procedural rules, which enhances their normative clarity and justiciability.
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