Transboundary Water Disputes

State Conflict and the Assessment of their Adjudication

Itzchak E. Kornfeld

• Publisher: Cambridge University Press
• Year: 2019
• Print ISBN:
  9781107186606
• eBook ISBN:
  9781316953198
• Topic: Law
• Subtopic: Arbitration, Negotiation & Mediation in Law
• Index: Law

One of the most challenging aspects of climate change has been the increased pressure on water resources limited by droughts and new rain patterns, which has been exacerbated by rapid modernization. Due to these realities, disputes across national borders over use and access to water have now become more commonplace. This study analyzes the history and adjudication of transboundary water disputes in five international courts and tribunals, two US Supreme Court cases, and boundary water disputes between the United States and Canada and the United States and Mexico. Explaining the circumstances and outcomes of these cases, Kornfeld asks how effective the courts and tribunals have been in adjudicating them. What kind of remedies have they fashioned and how have they dealt with polycentric and sovereignty issues? This timely work examines the doctrine of equitable allocation of transboundary water resources and how this norm can be incorporated into international law.

Table of contents

• Cover
• Half title
• Title
• Copyright
• Contents
• The Adjudication of Transboundary Disputes
• Table of Authorities
• Other Authorities
• 1 Adjudication and the Scope of Transboundary Water Disputes
• 2 The Proliferation of Dispute Resolution Fora
• 3 The Scope of Transboundary Water Issues and Polycentricity
• 4 Pacific Dispute Resolution & the Limitations on Adjudication
• 5 The Impacts of Sovereignty
• 6 The Courts and Tribunals Assessed Here
• 7 Factors Used in Analyzing Effectiveness
• 8 Analyzing the Disputes - The Supreme Court
• 9 Arbitration of Transboundary Water Disputes
• 10 Conclusion
• Index