Journal articles: 'Transboundary law'

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Foster, S. R. "Transboundary Damage in International Law." Journal of Environmental Law 16, no. 3 (March 1, 2004): 409–11. http://dx.doi.org/10.1093/jel/16.3.409.

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Jarvis, W. Todd. "International Law and Transboundary Aquifers." Groundwater 59, no. 5 (June 5, 2021): 627–28. http://dx.doi.org/10.1111/gwat.13114.

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Zahar, Alexander. "The Contested Core of Climate Law." Climate Law 8, no. 3-4 (October 31, 2018): 244–60. http://dx.doi.org/10.1163/18786561-00803009.

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Benoit Mayer’s new book The International Law on Climate Change is founded on the premise that the principle against transboundary harm is the core principle of climate law. Here, I show that premise to be mistaken. The principle against transboundary harm does not apply to the problem of climate change because climate change is not a transboundary problem. Even if the principle were applicable to climate change, it has been displaced by the climate change treaty regime. Because climate change is in fact a “commons” problem, the core principle of climate law is, or should be, that greenhouse gas emissions must be charged to the polluter (the polluter pays principle).

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Aureli, Alice, and Raya M. Stephan. "Transboundary Aquifers: International Law and Politics?" Proceedings of the ASIL Annual Meeting 102 (2008): 356–59. http://dx.doi.org/10.1017/s0272503700027841.

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Wouters, P. K. "What role for law in achieving transboundary drainage basin security? - the development and testing of the Legal Assessment Model (LAM) for transboundary watercourse states." Water Science and Technology 49, no. 7 (April 1, 2004): 97–102. http://dx.doi.org/10.2166/wst.2004.0425.

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The beneficial use of the world's transboundary waters raises difficult issues for drainage basin security on most parts of the globe. International law provides that each transboundary watercourse State is entitled to, and obliged to ensure, an “equitable and reasonable use” of these shared waters. The IWLRI developed and tested a Legal Assessment Model (LAM) through the work of interdisciplinary teams working in three different transboundary situations - China (upstream), Mozambique (downstream) and Palestine (shared groundwater). The LAM provides a tool for transboundary watercourse States to use in the preparation of their national water strategy for use at the national and international levels. The model should now be tested at the basin level, with a view to assisting to accomplish the peaceful and rational use of transboundary waters in line with the governing rule of international law and thereby to facilitate the overall policy objective of drainage basin security.

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Knox, John H. "The Myth and Reality of Transboundary Environmental Impact Assessment." American Journal of International Law 96, no. 2 (April 2002): 291–319. http://dx.doi.org/10.2307/2693925.

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The dominant story of transboundary environmental impact assessment in international law has the following elements: (1) customary international law prohibits transboundary pollution; (2) according to the classic version of this prohibition, contained in Principle 21 of the 1972 Stockholm Declaration, states must ensure that activities within their territory or under their control do not harm the environment beyond their territory; (3) to ensure that activities within their jurisdiction will not cause transboundary harm, states must assess the potential transboundary effects of the activities; and (4) to that end, states enter into international agreements requiring them to carry out transboundary environmental impact assessment (transboundary EIA) for activities that might cause transboundary harm.

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He, Yanmei. "China's Transboundary Groundwater Cooperation in the Context of Emerging Transboundary Aquifer Law." Groundwater 55, no. 4 (May 10, 2017): 489–94. http://dx.doi.org/10.1111/gwat.12523.

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Alexander, Atul, and Anushna Mishra. "Contribution of General Principles of International Law in Progressive Development of Transboundary Aquifers." Groningen Journal of International Law 8, no. 2 (February 16, 2021): 183–99. http://dx.doi.org/10.21827/grojil.8.2.183-199.

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Man’s ruthless exploitation of natural resources means that we are housed in a resource-deprived world. The tug of war for meager resources has led to many conflicts between States that we witness today. At the heart of the whole debate on resource crunch is the issue of shared natural resources between States. International law has formulated several legal instruments to govern the shared transboundary resources, laws on transboundary aquifers being one. The objective of this paper is to unlock the general principles of international law that regulate the transboundary aquifers. In this regard, the paper has been apportioned into three sections. The first section sets the tone by detailing the provisions of the 2008 Draft Articles on the Transboundary Aquifers dealing with general principles. The second segment of the paper lays down the cardinal principles regulating transboundary aquifers, which range from sustainable development to the principle of good faith. The final portion delves into the Israel-Palestine dispute and the India-Pakistan Indus Waters Treaty in the context of transboundary aquifers.

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Eckstein, Gabriel. "International Law for Transboundary Aquifers: A Challenge for Our Times." AJIL Unbound 115 (2021): 201–6. http://dx.doi.org/10.1017/aju.2021.18.

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Quarrels between states sharing a transboundary aquifer (TBA) have been relatively minor in comparison with the more boisterous disputes seen in many of the world's shared river basins. Yet, transboundary groundwater can easily serve as the basis for cross-border disagreements. Twice as many TBAs and shared groundwater bodies have been identified globally as compared to transboundary rivers and lakes, and the volume of accessible groundwater exceeds all surface waters by a factor of one hundred. Yet, the number of treaties in force for TBAs is miniscule in comparison with those for transboundary rivers and lakes. Moreover, dozens of nations exploit groundwater from a TBA, often unilaterally and without knowing the cross-border implications, or even that the aquifer is transboundary. The lack of prioritization of groundwater in international practice and law, coupled with the reality that groundwater is “out of sight,” and thereby “out of mind,” has relegated shared aquifers as the neglected stepchildren of international water law. But, with many of the world's nations experiencing growing water scarcity and stress, this situation undoubtedly will change. This essay highlights the growing pains of international groundwater law and the challenges for its identification and articulation. Specific hydrogeologic characteristics of various TBAs are presented and, where relevant, placed in the context of water scarcity and security and recognized international legal norms.

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Jarvis, W. Todd. "The International Law of Transboundary Groundwater Resources." Groundwater 56, no. 2 (December 22, 2017): 247. http://dx.doi.org/10.1111/gwat.12626.

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Kunoy, Bjørn. "Sharing is Caring: Transboundary Hydrocarbon Deposits on the Continental Shelf." Volume 62 · 2019 62, no. 1 (January 1, 2021): 431–74. http://dx.doi.org/10.3790/gyil.62.1.431.

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Abstract: The sovereign and exclusive rights of States to explore the continental shelf and exploit its resources implies an unfettered right to exclude any exploitation by a third State of hydrocarbons that are located on its continental shelf. Yet, these rights do not allow impairment to the sovereign and exclusive rights of third States to exploit resources that extend onto their continental shelves. State practice demonstrates multiple definitions of hydrocarbon deposits implying that the decision of whether a hydrocarbon deposit is transboundary may vary depending on the relevant treaty provision. State practice also indicates heterogeneous procedural and substantive approaches to the commencement of transboundary hydrocarbon deposits exploitation. These differences have substantive implications relevant to the determination of the constitutive elements of transboundary hydrocarbon deposits and for the circumstances under which a transboundary hydrocarbon deposit can operate under customary international law.

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12

Weber, Carolin Mai. "Protection and Use of Transboundary Groundwater Resources under Public International Law—An Analysis of the UN International Law Commission’s Draft Articles on the Law of Transboundary Aquifers." Max Planck Yearbook of United Nations Law Online 22, no. 1 (October 7, 2019): 114–41. http://dx.doi.org/10.1163/18757413_022001006.

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Groundwater is one of the world’s most important water resources. Although it is highly susceptible for pollution and overexploitation, its extraction rate is predicted to increase over the next decades. Against this background, this article discusses the contribution of the UN International Law Commission’s Draft Articles on the Law of Transboundary Aquifers to the protection of this precious resource. It first provides some information on the characteristics of groundwater and aquifers, then describes briefly the existing international legal regimes addressing transboundary groundwater and the evolution of the Draft Articles, and finally analyses the main criticisms and positive aspects of the Draft Articles.

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13

Merrill, Thomas W. "Golden Rules for Transboundary Pollution." Duke Law Journal 46, no. 5 (March 1997): 931. http://dx.doi.org/10.2307/1372915.

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Rizky, Fajar Khaify, Suhaidi Suhaidi, Alvi Syahrin, and Jelly Leviza. "State’s Responsibility over Forest and Land Fires Causing Transboundary Haze Pollution in the Frame of ASEAN Agreement." Jambe Law Journal 3, no. 1 (November 29, 2020): 65–81. http://dx.doi.org/10.22437/jlj.3.1.65-81.

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This article aims to analyze the state’s responsibility over forest and land fires causing transboundary haze pollution according to the Asean Agreement on Transboundary Haze Pollution. A normative legal method is applied to help answer the problems of transboundary pollution which has been an international concern. The impact of haze pollution resulted from forest and land fires has triggered protests against Indonesian government and urged the sate’s liability as long as the impact of the haze pollution is concerned. Forest and land fires which caused transboundary haze pollution has infilcted losses and damage not only in Indonesia but also in other neighbouring countries, such as Malaysia and Singapore. State responsibility is a fundamental principle in international law applied when a country has violated boundaries, either directly or indirectly, which is harmful to other countries. In international environmental law, tansboudary air pollution caused by forest and land fires is contrary to the principles of international environmental law resulting in a state responsibility responsibility or liability. While responsibility refers to a legally regulated responsibility and the concept of international law, the liability refers to the indemnification of the other party’s loss. As a result of forest and land fires causing transboundary haze pollution, ASEAN member countries have agreed to form an AATHP (ASEAN Agreement on Transboundary Haze Pollution) agreement aiming at preventing and mitigating transboundary haze pollution

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Devlaeminck, David J. "The Legal Principle of Reciprocity and China’s Water Treaty Practice." Chinese Journal of Environmental Law 2, no. 2 (November 19, 2018): 195–222. http://dx.doi.org/10.1163/24686042-12340032.

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AbstractThe legal principle of reciprocity plays a strong role in the law of international watercourses in both bilateral and multilateral contexts. China, primarily an upstream state, shares transboundary rivers with 14 neighbouring states. These shared rivers are governed by a variety of treaties and soft law documents, with China preferring to take a bilateral approach. Building on previous research, this article aims to elaborate on the role that reciprocity has played in the development, maintenance and interpretation of the law of international watercourses and then applies this to China’s transboundary water treaties. For these purposes, this analysis focuses on China’s approach to sovereignty on its transboundary waters and the substantive, procedural and dispute settlement rules of China’s transboundary treaties, as well as future developments, including the influence of the concept of ‘common interests’ on China’s practices. There have been significant developments in China’s transboundary water cooperation, as transboundary waters are increasingly important for China’s development. The article concludes with the example of the China-led Lancang-Mekong Cooperation Mechanism, highlighting its reciprocal characteristics and pathways for future development.

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Nagheeby, Mohsen, Mehdi Piri D., and Michael Faure. "The Legitimacy of Dam Development in International Watercourses: A Case Study of the Harirud River Basin." Transnational Environmental Law 8, no. 02 (July 2019): 247–78. http://dx.doi.org/10.1017/s2047102519000128.

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AbstractThis article examines the international legitimacy of unilateral dam development in an international watercourse from the perspective of international water law. Drawing upon technical analysis over the Harirud River Basin, the article discusses probable negative impacts of unilateral dam development in Afghanistan on downstream Iran and Turkmenistan. Competing claims are analyzed to assess emerging transboundary damage under customary international water law. Applying these insights to the case study, this article explores how legal norms and principles can contribute to transboundary water cooperation. It investigates how equitable and reasonable utilization, as required by the United Nations Watercourse Convention, could be reached and whether current activities are in conformity with international norms. Based on this analysis and in the light of international customary law, the article questions the compatibility of unilateral control and capture of water resources in Afghanistan, particularly through the Salma Dam, with ‘equitable and reasonable utilization’ and ‘no significant harm’ rules. The article also argues that building the Salma Dam results in significant transboundary harm to downstream states. Hence, such harm could be considered as significant transboundary damage. Conclusions point to an understanding of water law as a form of institutional guidance in order to provide a transparent setting for transboundary water cooperation among riparian states.

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17

Murphy, Sean D. "Transboundary Abduction as a Violation of International Law." American Journal of International Law 97, no. 4 (October 2003): 983–84. http://dx.doi.org/10.2307/3133701.

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18

Dellapenna, Joseph W. "The customary international law of transboundary fresh waters." International Journal of Global Environmental Issues 1, no. 3/4 (2001): 264. http://dx.doi.org/10.1504/ijgenvi.2001.000981.

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Zou, Keyuan, and Jiayi Wang. "Transboundary Fisheries Management." Korean Journal of International and Comparative Law 8, no. 2 (December 15, 2020): 101–30. http://dx.doi.org/10.1163/22134484-12340134.

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Abstract The United Nations Convention on the Law of the Sea created the exclusive economic zone regime, which makes more than 90 per cent of the world’s commercial fish stocks under the national jurisdiction of coastal States. The biological characteristics of fish demonstrate that the long-term sustainability of fisheries can only be achieved through cooperation and coordination among States, especially for the conservation of transboundary fish stocks. However, the ocean may have more than 1,500 transboundary fish stocks, only a limited number are subjected to effective cooperative management. This article provides an overview of the international legal framework on transboundary fisheries and China’s practice on shared stocks and distant water fisheries, and argues that current bilateral fisheries agreements are not sufficient enough to manage transboundary fish stocks and China still has much to do on regulating distant water fisheries.

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20

VALDEZ, Amiel Ian. "Beyond the Arbitral Ruling: A Transboundary Environmental Impact Assessment in the South China Sea." Asian Journal of International Law 9, no. 2 (May 9, 2019): 251–74. http://dx.doi.org/10.1017/s2044251319000031.

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AbstractThe South China Sea is a common resource where ASEAN Member States derive multiple uses. Nevertheless, the competing claims and conflicting interests of ASEAN nations and other claimants, such as China, raise the issue of transboundary harm within this sea and the sustainability of its resources. This paper argues that, despite the absence of a region-based transboundary environmental impact assessment [EIA] regime covering the South China Sea, ASEAN Member States are bound by their commitments under the Law of the Sea Convention and other binding agreements, as complemented by customary international law, which provide guidance in applying a transboundary EIA over a shared resource. TheSouth China Sea Arbitrationparticularly sets the minimum requisites of not only preparing an EIA, but also communicating the EIA results to relevant international organizations. Here, ASEAN can play a vital role as a platform through which where EIA communication can be channelled.

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Tanaka, Yoshifumi. "Reflections on Transboundary Air Pollution in the Arctic: Limits of Shared Responsibility." Nordic Journal of International Law 83, no. 3 (August 19, 2014): 213–50. http://dx.doi.org/10.1163/15718107-08303002.

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Air pollution in the Arctic is transboundary by nature and its causes may be attributed to more than one state. An issue thus arises with regard to shared responsibility of multiple states for transboundary air pollution in the Arctic. Transboundary air pollution caused by multiple states clearly differs from traditional bilateral atmospheric pollution as typically shown in the Trail Smelter arbitration. Shared responsibility which is distinct from traditional independent state responsibility is increasingly at issue in international law and the regulation of transboundary air pollution in the Arctic provides an interesting insight into this subject. Thus this article will seek to examine legal issues concerning shared state responsibility for transboundary air pollution in the Arctic.

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Puri, Shammy. "Transboundary Aquifer Resources." Water International 28, no. 2 (June 2003): 276–79. http://dx.doi.org/10.1080/02508060308691693.

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23

Zaharia, Felix. "The Law of Transboundary Aquifers in Practice ‐ the Mureş Alluvial Fan Aquifer System (Romania/Hungary)." International Community Law Review 13, no. 3 (2011): 291–304. http://dx.doi.org/10.1163/187197311x585347.

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AbstractAt the beginning of April 2011, local water companies from the counties of Arad in Romania and Békés in Hungary initiated the demarches for the first project of transboundary supply of groundwater from the Romanian part of the Mureş Alluvial Fan Aquifer System to consumers in Hungary. An idea which came about at the same time that the International Law Commission’s Draft Articles on the Law of Transboundary Aquifers were being adopted, will be probably put into practice shortly after the United Nations General Assembly would have analyzed whether to transform the Draft Articles into a multilateral treaty. Until then, many legal questions regarding this project must be answered, some of them national, others international. This article tries to answer some of these problems, with the help of the International Law Commission’s Draft Articles on the Law of Transboundary Aquifers and the bilateral agreements concluded between Romania and Hungary.

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Sindico, Francesco. "The Guarani Aquifer System and the International Law of Transboundary Aquifers." International Community Law Review 13, no. 3 (2011): 255–72. http://dx.doi.org/10.1163/187197311x585338.

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AbstractArgentina, Brazil, Paraguay and Uruguay signed the Guarani Aquifer Agreement on 2 August 2010. This is the first international treaty regarding the management of a specific transboundary aquifer to have been adopted after the UN International Law Commission (UNILC) adopted the Draft Articles on the Law of Transboundary Aquifers, which have been annexed to UN General Assembly Resolution 63/124. The latter encourages States to take into account the Draft Articles when devising arrangements for the management of specific transboundary aquifers. The Guarani Aquifer Agreement, therefore, is a first response to this call from the international community. In this article the background to the Guarani Aquifer Agreement is explored, including an overview of the key characteristics of the Guarani Aquifer System and the steps that have led to the adoption of the Guarani Aquifer Agreement. Sovereignty, the obligation to cooperate and the incipient institutional framework are discussed as key elements arising from the Guarani Aquifer Agreement. Finally, the article argues that a link between the latter and the UNILC Draft Articles can be appreciated. This link has important practical implications especially in relation to the applicability of the UNILC Draft Articles for interpretation purposes of the Guarani Aquifer Agreement.

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mirzae, karam. "Domestic and international law for Transboundary Rivers: case study of Iran and Iraq border Transboundary Rivers." Humanities Journal of University of Zakho 8, no. 2 (June 30, 2020): 186–201. http://dx.doi.org/10.26436/hjuoz.2020.8.2.600.

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Merzay, Karam. "Domestic and international law for Transboundary Rivers: case study of Iran and Iraq border Transboundary Rivers." Humanities Journal of University of Zakho 8, no. 2 (June 30, 2020): 202–11. http://dx.doi.org/10.26436/hjuoz.2020.8.2.601.

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27

Sindico, Francesco. "National Sovereignty Versus Transboundary Water Cooperation: Can You See International Law Reflected in the Water?" AJIL Unbound 115 (2021): 178–82. http://dx.doi.org/10.1017/aju.2021.24.

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Could Turkey dam the Tigris and Euphrates and deprive its downstream neighbors of vital water resources? Could Brazil over-pump the Guarani Aquifer System to the detriment of the other aquifer states? Could Egypt put pressure on upstream Nile states and prevent them from developing river related infrastructure that might limit downstream flow? International law in the field of transboundary water cooperation has evolved and would appear to condemn unilateral practices such as the ones suggested above. However, hydro politics and the lack of reception of international water law instruments by many countries sometimes make it difficult to see international law properly reflected in the management of major rivers, lakes and aquifers around the world. In this essay, I first highlight what international law dictates when it comes to the tension between national sovereignty and transboundary water cooperation. I then explore how this tension plays out in the three examples noted above. Due to limited acceptance of the existing international, bilateral, or regional legal instruments, the resolution of the tension between national sovereignty and transboundary water cooperation will often be left to customary international law.

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Mechlem, Kerstin. "Past, Present and Future of the International Law of Transboundary Aquifers." International Community Law Review 13, no. 3 (2011): 209–22. http://dx.doi.org/10.1163/187197311x582278.

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AbstractThe article discusses the development of international groundwater law from the first codification efforts of modern water law until present and raises relevant issues for the way forward. It first traces international groundwater law from the 1960s until the end of the last century. It then reviews the growing attention groundwater has received during the last decade and third discusses the status quo. It places particular emphasis on the 2008 Draft Articles on the Law of Transboundary Aquifers adopted by the International Law Commission and the legal arrangements made for five of the 273 transboundary aquifers. It concludes with thoughts on the way forward in this important and understudied area of international law.

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Stephan, Raya Marina. "International water law for transboundary aquifers –a global perspective." Central Asian Journal of Water Research 4, no. 2 (April 10, 2019): 48–58. http://dx.doi.org/10.29258/cajwr/2018-ri.v4-2/48-58.eng.

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Eckert, A., R. T. Smith, and H. van Egteren. "Environmental Liability in Transboundary Harms: Law and Forum Choice." Journal of Law, Economics, and Organization 24, no. 2 (November 29, 2007): 434–57. http://dx.doi.org/10.1093/jleo/ewm061.

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31

Mahmoudi, Said. "Some Private International Law Aspects of Transboundary Environmental Disputes." Nordic Journal of International Law 59, no. 1 (1990): 128–38. http://dx.doi.org/10.1163/157181090x00279.

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Mahnwudi, Said. "Some Private International Law Aspects of Transboundary Environmental Disputes." Nordic Journal of International Law 59, no. 2-3 (1990): 128–38. http://dx.doi.org/10.1163/157181090x00468.

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33

Boyle, A. "State Responsibility for Transboundary Air Pollution in International Law." Journal of Environmental Law 14, no. 2 (February 1, 2002): 264–66. http://dx.doi.org/10.1093/jel/14.2.264.

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34

Eckstein, Yoram, and Gabriel E. Eckstein. "Transboundary Aquifers: Conceptual Models for Development of International Law." Ground Water 43, no. 5 (September 2005): 679–90. http://dx.doi.org/10.1111/j.1745-6584.2005.00098.x.

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35

Perrier, Benjamin, and Nicolas Levrat. "Melting law: Learning from practice in transboundary mountain regions." Environmental Science & Policy 49 (May 2015): 32–44. http://dx.doi.org/10.1016/j.envsci.2014.12.023.

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Stephan, Raya Marina. "The Draft Articles on the Law of Transboundary Aquifers: The Process at the UN ILC." International Community Law Review 13, no. 3 (2011): 223–35. http://dx.doi.org/10.1163/187197311x582287.

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AbstractIn 2002, the UN International Law Commission added to its program of work the topic of Shared Natural Resources: transboundary groundwater, oil and gas. Six years later, the UN ILC completed its work on the first sub-topic by adopting at second reading nineteen draft articles on the law of transboundary aquifers. The draft articles were then deferred to the UN General Assembly, which adopted Resolution A/RES/63/124 including the draft articles in annex. In the Resolution, the UN GA “encourages the States concerned to make appropriate bilateral or regional arrangements for the proper management of their transboundary aquifers, taking into account the provisions of these draft articles”.The paper will go through the main principles codified in the draft articles. The UN ILC had benefited from a unique cooperation on the science of hydrogeology from UNESCO’s International Hydrological Program; hence it considered and covered issues of main importance for hydrogeologists.

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Matheson, Michael J. "The Fifty-Eighth Session of the International Law Commission." American Journal of International Law 101, no. 2 (April 2007): 407–41. http://dx.doi.org/10.1017/s0002930000030153.

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The International Law Commission (ILC) of the United Nations held its fifty-eighth session in Geneva from May 1 to June 9, and from July 3 to August 11, 2006. This was the final year of the Commission's most recent five-year term (or quinquennium), and it finished work on several topics by completing sets of draft articles on diplomatic protection, principles on international liability for transboundary harm, “guiding principles” on unilateral acts, and conclusions on fragmentation of international law. The Commission also completed its first reading of articles on transboundary aquifers; continued its work on reservations to treaties, responsibility of international organizations, and the effect of armed conflict on treaties; began its consideration of the obligation to extradite or prosecute and the expulsion of aliens; and added a variety of new topics to its long-term program.

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BEKEZHANOV, Dauren, Gulnurа KOPBASSAROVA, Ainur ZHUNISPAYEVA, Talgat URAZYMBETOV, and Roza SEILKASSYMOVA. "Environmental Problems of International Legal Regulation of Transboundary Pollution." Journal of Environmental Management and Tourism 12, no. 2 (March 29, 2021): 392. http://dx.doi.org/10.14505//jemt.v12.2(50).08.

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This article is a comprehensive study on problems of legal protection of the environment from transboundary environmental pollution in the Republic of Kazakhstan. The study of international and national legislation in the field of environmental protection from transboundary environmental pollution was carried out, ways to solve legal problems related to transboundary environmental pollution were studied and proposed, theoretical concepts and practical recommendations were developed to increase the effectiveness of current legislation and the activities of state bodies in the field of environmental protection environment from transboundary environmental pollution. The theoretical significance of the study is that it will contribute to the further scientific development of conceptual problems of environmental cooperation in the field of preventing and preventing the negative effects of transboundary environmental pollution. The research itself, as well as the results obtained, will contribute to the further development of the domestic environmental law science.

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Horbach, Nathalie L. J. T., and Pieter H. F. Bekker. "State Responsibility for Injurious Transboundary Activity in Retrospect." Netherlands International Law Review 50, no. 3 (December 2003): 327–71. http://dx.doi.org/10.1017/s0165070x03003279.

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40

Peters, Anne. "Global Animal Law: What It Is and Why We Need It." Transnational Environmental Law 5, no. 1 (March 10, 2016): 9–23. http://dx.doi.org/10.1017/s2047102516000066.

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AbstractThe symposium collection in this issue ofTEL, consisting of four articles including this framing article, seeks to conceptualize and flesh out a new branch of law and legal research: global animal law. The starting hypothesis is that contemporary animal law must be global or transnational (that is, both transboundary and multilevel) in order to be effective. In times of globalization, all aspects of (commodified) human−animal interactions (from food production and distribution, working animals and uses in research, to breeding and keeping of pets) possess a transboundary dimension. Animal welfare has become a global concern, which requires global regulation. This foreword introduces the three symposium articles, sketches out the research programme of global animal law and links its emergence to the ongoing ‘animal turn’ in the social sciences, including political philosophy.

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Takano, Akiko. "Due Diligence Obligations and Transboundary Environmental Harm: Cybersecurity Applications." Laws 7, no. 4 (October 31, 2018): 36. http://dx.doi.org/10.3390/laws7040036.

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This paper analyzes the due diligence obligations with regard to transboundary harm in international water law and their application to cybersecurity by clarifying the definition of due diligence in light of the procedural duties in recent International Court of Justice (ICJ) cases. The paper explores whether states have responsibilities to prevent transboundary harm caused by nonstate actors. The existing literature on due diligence obligations in international water law and cybersecurity was reviewed, along with ICJ cases relating to procedural duties (international co-operation, environmental impact assessments, and information sharing). The findings confirm that, although procedural duties may be less onerous in cyberspace than in the environment, such duties indeed exist, albeit to a lesser degree. The differences may be accounted for by the fact that customary law related to the environment is already well developed. This study clarifies the concept of due diligence by focusing on procedural duties and examining the definition of due diligence in cyber operations. Due diligence obligations are crucial for states seeking to prevent transboundary harm and are an evolving principle of international law.

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ZHUNUSBEKOVA, Aigerim Zhunusbekovna, Aslan Khuseinovich ABASHIDZE, and Sholpan Valerievna TLEPINA. "International Legal Aspects of Regulating the Use of Transboundary Rivers in Central Asia." Journal of Advanced Research in Law and Economics 9, no. 5 (June 12, 2019): 1856. http://dx.doi.org/10.14505//jarle.v9.5(35).40.

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Water resources in Central Asia have always had and continue to have a significant impact on economic activities of the states of the region since all the major rivers here are transboundary and there are disagreements between the countries of the region about water supply and sharing of water resources. There are also disagreements on the application of norms of international law in the sphere of international legal regulation of transboundary water resources. The purpose of this article is to study international legal problems of transboundary water resources use by Central Asia states. In the course of the work performed, general methodological principles are used: system approach when analyzing the conceptual apparatus of the topic; comparative legal method when analyzing international treaties, acts, laws on the use of transboundary waters; method of historical analysis when studying the formation and development of international cooperation of Central Asian states in the field of transboundary water resources use.In this article, based on the study of international legal norms, the practice of their application in the field of cooperation of states on use of transboundary water resources, the problems and prospects for development of international legal regulation of cooperation of states in use and management of transboundary water resources in Central Asian region are identified.

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Ayzhan, Zhatkanbaeva, Jangabulova Arаilym, Aydarkhanova Kulyash, Baimakhanova Dina, and Zhao Haifeng. "THE MAIN DIRECTIONS OF ENSURING THE ENVIRONMENTAL SAFETY OF WATER BODIES IN TRANSBOUNDARY BASINS." BULLETIN 5, no. 387 (October 15, 2020): 80–88. http://dx.doi.org/10.32014/2020.2518-1467.146.

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Abstract. The article is devoted to the analysis of priority areas of international cooperation in the field of ensuring environmental safety of transboundary water bodies. The authors of the article indicated such areas of environmental safety as: Water-energy problem of the Central Asian countries; impact of climate change on water; Aral ecological crisis and its consequences for the natural environment of the Central Asian region. The authors of the article made recommendations on eliminating the environmental problems of transboundary water bodies. It is proposed to sign fundamental documents on legal issues of water allocation and protection of transboundary rivers on the basis of international law and bring the problem of transboundary rivers to the level of the SCO and tripartite negotiations (Russia, Kazakhstan, China). The necessity of building joint hydropower facilities on transboundary rivers is substantiated. The authors propose to expand, improve and modernize the control network (gauging stations, etc.) in all river basins of Kazakhstan and China.

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Albergaria, Rita, and Teresa Fidelis. "Transboundary EIA: Iberian experiences." Environmental Impact Assessment Review 26, no. 7 (October 2006): 614–32. http://dx.doi.org/10.1016/j.eiar.2006.04.001.

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Fitzgerald, Gerald F. "Le Canada et le développement du droit international : La contribution de l’Affaire de la fonderie de Trail à la formation du nouveau droit de la pollution atmosphérique transfrontière." Études internationales 11, no. 3 (April 12, 2005): 393–419. http://dx.doi.org/10.7202/701072ar.

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The purpose of this article is to indicate how the decisions of the Trail Smelter Arbitral Tribunal, rendered in 1938 and 1941, have made a contribution to the development of international law, including, in particular, the emerging international legal rules relating to transboundary air pollution. Of particular importance was the Tribunal's enunciation of the principle of the international liability of a pollution-source state. The influence of the Trail Smelter case is examined in the light of the Corfu ChannelCase, the Nuclear Test Ban Treaty (1963), the Helsinki Rules (1966), the Stockholm Principles (1972), the Nuclear Test Cases (1973-74), the OECD Principles concerning Transfrontier Pollution (1974 and 1976), and the Joint Statement on Transboundary Air Quality by Canada and the United States (1979). Two of the most difficult problems for solution in the case of transboundary pollution are: (1) equal access and non-discrimination with respect to remedies, and (2) liability and compensation. Canadian law has certain gaps in this regard. These and other problems of transboundary pollution pose a challenge for the 1980s and the TrailSmelter principle could make a contribution to their solution.

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Zbicz, Dorothy C. "Imposing Transboundary Conservation." Journal of Sustainable Forestry 17, no. 1-2 (June 2003): 21–37. http://dx.doi.org/10.1300/j091v17n01_03.

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Zhe, Jin. "International Law Issues on the Prevention of Transboundary Pollution Damage - Focus on the Northeast Asian Transboundary Air Pollution." Kyung Hee Law Journal 50, no. 1 (March 31, 2015): 133–49. http://dx.doi.org/10.15539/khlj.50.1.5.

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McCaffrey, Stephen C. "The International Law Commission Adopts Draft Articles on Transboundary Aquifers." American Journal of International Law 103, no. 2 (April 2009): 272–93. http://dx.doi.org/10.2307/20535150.

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At its 2008 session the United Nations International Law Commission (ILC) completed work on a set of nineteen draft articles on the law of transboundary aquifers and transmitted the draft to the General Assembly. The ILC recommended that the Assembly take note of the draft articles and at a later stage consider the elaboration of a convention based upon them.

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Magraw, Daniel Barstow. "Transboundary Harm: The International Law Commission’s Study of “International Liability”." American Journal of International Law 80, no. 2 (April 1986): 305–30. http://dx.doi.org/10.2307/2201962.

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The International Law Commission of the United Nations is currently studying a topic entitled “International Liability for Injurious Consequences Arising out of Acts Not Prohibited by International Law” (hereinafter “international liability” or “topic”). That topic has proven to be as serpentine as its title suggests and consequently is difficult to define. It is generally understood as encompassing, in particular, harmful transnational environmental effects of internationally lawful activities. This aspect alone has made the topic increasingly important, as demands on resources have intensified, technological advances have given rise to threats of widespread and even catastrophic transboundary harm, and the international community has grown more interdependent in other ways.

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MOHAN, Mahdev. "A Domestic Solution for Transboundary Harm: Singapore’s Haze Pollution Law." Business and Human Rights Journal 2, no. 2 (May 23, 2017): 325–33. http://dx.doi.org/10.1017/bhj.2017.10.

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Journal articles on the topic 'Transboundary law'

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