Transboundary Water Disputes: State Conflict and the Assessment of their Adjudication

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Itzchak E. Kornfeld (Hebrew University of Jerusalem)

Transboundary Water Disputes

State Conflict and the Assessment of their Adjudication

Itzchak E. Kornfeld (Hebrew University of Jerusalem)

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English

Cambridge University Press
19 May 2022

Water industries; Civil procedure, litigation & dispute resolution; Water supply & treatment

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.

By: Itzchak E. Kornfeld (Hebrew University of Jerusalem)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Edition: New edition
Dimensions: Height: 229mm, Width: 152mm, Spine: 18mm
Weight: 451g
ISBN: 9781316637357
ISBN 10: 1316637352
Pages: 335
Publication Date: 19 May 2022
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

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 and 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.

Itzchak E. Kornfeld teaches international and transboundary water law and consults to governments and indigenous peoples on transboundary water issues. He has earned several degrees in both law and geology, and he has worked for the US Environmental Protection Agency (EPA) as a Senior Geohydrologist, working on surface and ground water issues, and for Texaco/Chevron as an environmental geologist, where he dealt with migration of contaminants in water.