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In The Fairness 'Dilemma' in Sharing the Nile Waters, Zeray Yihdego offers a comprehensive and critical account of the application of the fairness principle to sharing Nile water resources with particular emphasis on fairness regarding building, filling and benefits from the Grand Ethiopian Renaissance Dam and offers critical insights and lessons available to public international law.
Competition over the Nile watercourse is becoming a global crisis. As population growth, economic development, and urbanization increase the demand for water in the Nile Basin while climate change threatens its supply, the region faces a looming water crisis. An effective resolution of this multifaceted issue, which impacts 11 African countries, requires detailed multidisciplinary research. Until now the academic discourse regarding the Nile watercourse has been primarily dominated by monodisciplinary studies. This book fills that gap, providing a retrospective and prospective look at the Nile through multidisciplinary lenses—commingling history, hydro-politics, climate change, and law. It scrutinizes the legal and hydro-political trajectories of the Nile Basin, from the 4th century A.D. to 2022.
Implementing International Watercourses Law through the WEF Nexus and SDGs: An Integrated Approach Illustrated in the Zambezi River Basin offers an innovative approach to the implementation of international water law (IWL) through integration of the law, the WEF Nexus and SDGs.
The accountability of armed non-state actors is a neglected field of international law, overtaken by the regimes of state responsibility and individual criminal accountability as well as fears of legitimacy. Yet armed non-state actors are important players in the international arena and their activities have significant repercussions. This book focuses on their obligations and accountability when they do not function as state agents, regardless of the existence or extent of accountability of their individual members. The author claims that their distinct features lead to their classification into three different types: de facto entities, armed non-state actors in control of territory, and co...
This book seeks to examine a consistent theme occurring in judgements and awards given by international tribunals in the matter of boundary disputes, a theme which is predicated on finding some sort of difficulty in the implementation of those awards and judgements. This is a feature prominent in boundary and territorial disputes inasmuch as decisions relative to title to territory and location of a boundary line are always keenly contested and hotly disputed. Two remedies which have frequently been relied on by States are those of interpretation and revision. The author sheds light on how, when and in what circumstances will the tribunal be able to interpret or revise either its own or another tribunal's decisions. By doing so, the study succeeds in contributing to an understanding of this area of the law.
In The Roles and Functions of Atrocity-Related United Nations Commissions of Inquiry in the International Legal Order, Catherine Harwood explores the turn to international law in atrocity-related United Nations commissions of inquiry and their navigation of considerations of principle (the legal) and pragmatism (the political), to discern their identity in the international legal order. The book traces the inquiry process from establishment and interpretation of the mandate to legal analysis, production of findings and recommendations. The research finds that the turn to international law fundamentally shapes the roles and functions of UN atrocity inquiries. Inquiries continuously navigate between realms of law and politics, with the equilibrium shifting in different moments and contexts.
This comprehensive and insightful Research Handbook addresses the interpretation of international solidarity within topical legal regimes and regional systems, as well as in relation to decolonization and the concepts of Ummah and Ubuntu. It examines the way in which international solidarity enables the global community to respond to intercontinental challenges, including climate change, forced migration, health emergencies, and inequality.
This timely Research Agenda provides imaginative solutions to existing and emerging challenges for the study, application, and development of water law. It argues for a dynamic approach to water law, anticipating how water and its relationship to humanity will shift due to climate change, modern societal norms and values, and technological innovation.
This volume of the Netherlands Yearbook of International Law (NYIL) is the fiftieth in the Series, which means that the NYIL has now been with us for half a century. The editors decided not to let this moment go by unnoticed, but to devote this year’s edition to an analysis of the phenomenon of yearbooks in international law. Once the decision was made that this would be the subject of this year’s NYIL, the editors asked themselves a number of questions. For instance: Not many academic disciplines have yearbooks, so what is the reason we do? What is the added value of having a yearbook alongside the abundance of international law journals, regular monographs and edited volumes that are p...
In Revisiting the Law of Occupation, Hanne Cuyckens assesses the crucial challenges faced by the law of occupation. Through examples such as the occupation of the Palestinian Territories and the 2003 occupation of Iraq, the author convincingly demonstrates that although the law of occupation may no longer be perceived as adequate to address contemporary forms of occupation, a formal modification of the law is neither desirable nor feasible. The author identifies means by which the potential dichotomy between the law and the facts can be addressed without formal modification of the former: 1) flexible interpretation of the law itself; 2) the role of International Human Rights law as gap-filler; and 3) the role of the UNSC as a modulator of the law.