Watercourse Co-operation in Northern Europe: A Model for the Future

About this book

One of the problems in global water management is the sharing of watercourses by neighbouring countries, a situation that continues to lead to many long-lasting conflicts. The authors of this book make a valuable contribution to ongoing attempts to find sustainable solutions to this problem and to the debate on global water scarcity in general. They examine the law and practice relating to co-operation between Finland, Sweden and Norway with respect to international watercourses, and provide an analysis of numerous bilateral and multilateral instruments, which demonstrate that even between States with different political and social systems and different policy goals, co-operation with respect to water can also be beneficial to all parties. The authors also examine the wider regional co-operation between these Nordic countries and Russia; co-operation which provides a blueprint for watercourse co-operation in other regions of the world.

Contents

Preface and acknowledgements; Abbreviations; 1. Introduction; 1.1 The problem; 1.2. The aim of the book; 1.3. The structure of the book; 2. The law of the navigational and non-navigational use of international watercourses; 2.1 Introduction; 2.2. The definition of international watercourses; 2.3. Main theories on the use of international watercourses; 2.3.1 The theory of absolute sovereignty (the Harmon doctrine); 2.3.2 The theory of absolute territorial integrity; 2.3.3 The theory of community of interest; 2.4. The navigational use of international watercourses; 2.4.1 The right of free navigation; 2.4.2 The meaning of 'international watercourse' for the purposes of the right of free navigation; 2.4.3 The legal basis of the right of free navigation on international watercourses; 2.4.4 The subjects of the right of free navigation on international watercourses; 2.4.5 The regulation of navigation on international watercourses; 2.4.6 The navigational use of northern European watercourses: an overview; 2.5. The non-navigational use of international watercourses; 2.5.1 The principle of equitable utilization; 2.5.2 The obligation not to cause significant harm; 2.5.3 The relationship between the principle of equitable utilization of international watercourses and the obligation not to cause significant harm; 2.5.4 Procedural obligations relating to the use of international watercourses; 2.6. Liability for damage to international watercourses; 2.7. Settlement of disputes; 2.8. International river commissions: the institutional aspect; 2.9. Concluding remarks; 3. International watercourses and the rights of indigenous peoples: the Saami of Lapland and Finnmark; 3.1. Introduction; 3.2. The protection of indigenous peoples under international law; 3.3. International legal instruments and the rights of the Saami with respect to the environment; 3.4. The protection of the rights of the Saami under the laws of Finland, Norway and Sweden; 3.5. Concluding remarks; 4. Northern European co-operation regarding watercourses; 4.1. Introduction; 4.2. Norway and Sweden; 4.3. Finland and Norway; 4.4. Norway and Russia; 4.5. Finland, Norway and Russia; 4.6. Finland and Russia; 4.7. Finland and Sweden; 4.8. Concluding remarks; 5. Northern European watercourse institutions; 5.1. Introduction; 5.2. Finland and Russia; 5.2.1 The joint Finnish-Russian commission on the utilization of frontier watercourses; 5.2.2 The agreement concerning regulation of Lake Inari; 5.2.3 The frontier commission; 5.2.4 The reindeer agreement; 5.2.5 An overview of Finnish-Russian institutions; 5.2.6 Conclusions; 5.3. Norway and Russia; 5.4. Norway and Finland; 5.5. Finland and Sweden; 5.5.1 Introduction; 5.5.2 Scope of the FSFRC's functions; 5.5.3 The nature of the FSFRC's functions; 5.5.4 Relationship between the FSFRC and Finland and Sweden; 5.5.5 Conclusions; 5.6. Concluding remarks; 6. Nordic watercourse co-operation and the sustainable use of water; 6. 1. Introduction; 6.2. The role of law and the concept of sustainable development; 6.3. International legal instruments on sustainable development and international watercourses; 6.4. Nordic watercourse co-operation and sustainable development; 6.5. Concluding remarks; 7. Concluding remarks; Bibliography; Table of treaties; Index.

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Biography

Department of Law, Queen Mary, University of London. Legal adviser with the UN Compensation Commission, Geneva.