Laurence Boisson de Chazournes

Fresh water in international law

1. Introduction 2. Regulation of Fresh Water Uses: Evolution, Scope, and Developments 3. Economization of the Law Applicable to Fresh Water 4. Environmentalization of the Law Applicable to Fresh Water 5. Humanization of the Law Applicable to Fresh Water 6. Institutionalization Trends in Fresh Water Governance 7. Dispute Settlement and Fresh Water: Trends, Means, and Practice 8. Looking Ahead: Trends and Prospects

International watercourses : enhancing cooperation and managing conflict - proceedings of a World Bank seminar

Over 245 river basins are shared by two or more states. About 40 percent of the world population and 50 percent of its land are either dependent on or stand to benefit from the waters available in these basins. For the most part, the uses of international waterways by the respective riparian states are carried out peacefully in spite of the lack of a universal agreement on the law governing their non-navigational uses (the UN Convention on this matter was at long last opened for signature on May 21, 1997, but has not yet entered into force). However, lack of adequate cooperation and outright disputes among some riparians hinder the optimal utilization of many international waterways to the detriment of all their basin states. Times has come to replace the old divergent approaches representing conflicting interest of upstream and downstream riparians by an approach that emphasizes cooperative and comprehensive management which benefits all the riparians while ensuring the most efficient and environmentally friendly uses of river basins. The World Bank has financed a large number of projects in international waterways. In 1985, the Bank adopted detailed rules and procedures for financing of this type of projects (OP 7.50 and BP 7.50). The Banks approach in this area has certainly influenced the progressive development of international law.

Changing Roles of International Organizations: Global Administrative Law and the Interplay of Legitimacies

Looking back over the last sixty years, there is no doubt that the role and the capacity of international organizations to conduct operations have greatly evolved. Their mandates have expanded and the objectives to be reached have been diversified. Field operations have increased in a dramatic way. It has become increasingly necessary for international organizations to resort to innovative legal mechanisms to be able to fulfill the new tasks they have been assigned. In the meantime, the appearance on the world stage of a large number of non-State actors carrying out tasks which were traditionally incumbent upon State authorities and intergovernmental organizations, has led to the establishment of specific mechanisms allowing them to collaborate closely with the latter. In face of the challenges raised by these complex interlocking legal relationships, numerous administrative law type principles have emerged as instruments for adapting the classic international system of States and intergovernmental organizations to contemporary requirements.

Diplomatic and judicial means of dispute settlement

List of Contributors Acknowledgements Introduction Laurence Boisson de Chazournes, Marcelo G. Kohen and Jorge E. Vinuales Chapter 1: Opening Remarks H.E. Bernardo Sepulveda-Amor Section I: Interaction at the Initiation of a Dispute Settlement Procedure Chapter 2: Interaction Between Diplomatic and Judicial Means at the Initiation of Proceedings Marcelo G. Kohen Chapter 3: Diplomatic Means as a Trigger of Judicial Means: The Security Council and the ICC Vera Gowlland-Debbas Chapter 4: The Impact of Arrest Warrants Issued by International Criminal Courts on Peace Negotiations Paola Gaeta and Lyne Calder Section II: Interaction During the Proceedings Before an International Court or Tribunal Chapter 5: Recourse to the International Court of Justice for the Purpose of Settling a Dispute Pierre-Marie Dupuy Chapter 6: Diplomatic and Judicial Means of Dispute Resolution and How They Got Along in the Pulp Mills Case Pablo Sandonato de Leon Chapter 7: The Relationship Between Negotiations and Third-party Dispute Settlement at the WTO, with an Emphasis on the EC-Bananas Dispute Helene Ruiz-Fabri Chapter 8: Investment Disputes - Moving Beyond Arbitration Michael E. Schneider Section III: Interaction at the Implementation Stage Chapter 9: Between Saying and Doing: The Diplomatic Means to Implement the International Court of Justices iuris dictum Laurence Boisson de Chazournes and Antonella Angelini Chapter 10: Implementation of Recommendations and Rulings in the WTO System Gabrielle Marceau and Jennifer A. Hamaoui Chapter 11: Monitoring Compliance with the Decisions of Human Rights Courts: Inter-American Particularism Magnus-Jesko Langer and Elise Hansbury Chapter 12: The Use of Alternative (Non-judicial) Means to Enforce Investment Awards Against States Jorge E. Vinuales and Dolores Bentolila Section IV: Perspectives on the Interaction Between Diplomatic and Judicial Means Chapter 13: Two Cases in Perspective: Boundary Delimitation in the Bakassi Peninsula and Criminal Accountability in Kenya Interview of H.E. Kofi Annan Conducted by Nicolas Michel Chapter 14: Observations on the Relationship Between Diplomatic and Judicial Means of Dispute Settlement Lucy Reed Chapter 15: Non-disputing State Submissions in Investment Arbitration: Resurgence of Diplomatic Protection? Gabrielle Kaufmann-Kohler Chapter 16: The Interaction Between Diplomatic and Judicial Means in Theoretical Perspective Georges Abi-Saab Concluding Observations Laurence Boisson de Chazournes, Marcelo G. Kohen and Jorge E. Vinuales

Responsibility to Protect: Reflecting Solidarity?

There are commonalities between, on the one hand, the notion of the responsibility to protect and, on the other, the notion of solidarity. However, each notion has characteristics which are not shared with the other. The shared characteristics and, more generally, the interplay between the two notions will be emphasised. The first part of this analysis will deal with the notion of solidarity, attempting to give a working definition of what it means in the context of international law (I). The notion of “responsibility to protect” as it has emerged in recent years will then be introduced (II). Having underlined the main elements of these definitions, we will switch to an analysis of how they interact in the fields of human rights and international humanitarian law (III and IV). The presentation will conclude with a discussion of international responsibility issues that are raised by the concepts of solidarity and the responsibility to protect, and, in particular, the issue of international responsibility where there is inaction (V).

International Water Law

This collection brings together writings from leading water law experts in the world to assess the law applicable to the uses, management and protection of water resources. Exploring the diverse aspects of this, from human rights to international economic law and peace and security, International Water Law comprehensively covers the multi-level facets of water resource management and protection in its wider scope.A must for all international water law academics, researchers and practitioners with an original introduction by the editors, this title includes all the seminal articles in the area to provide an invaluable and essential research tool.

Climate Change and Financial Assistance: A Fragmented, Unified or Coordinated Approach?

This chapter presents some features of the financial mechanisms dealing with climate change. It gives an overview of the financial obligations of developed countries under the United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol, focusing especially on the GEF. It then stresses the characteristics of other funding mechanisms, i.e. the Adaptation Fund, the Special Climate Change Fund and Least Developing Countries Fund. It also deals with other mechanisms such as the Clean Development Mechanism (CDM) established by Kyoto Protocol and carbon funds and facilities put into place by World Bank, namely the Prototype Carbon Fund and Forest Carbon Partnership Facility. The chapter examines new financial instruments created by World Bank and other regional multilateral development banks (MDBs). The aim of all these mechanisms is to facilitate and increase the access of developing countries to financial resources in order to address the challenges posed by climate change. Keywords: Clean Development Mechanism (CDM); climate change; financial assistance; Forest Carbon Partnership Facility; Kyoto Protocol; Prototype Carbon Fund; Special Climate Change Fund; United Nations Framework Convention on Climate Change (UNFCCC)

Mr. Kadi and Mrs. Prost: is the UN Ombudsperson going to find herself between a rock and a hard place?

This chapter focuses on questions of accountability of international organisations, questions which at the same time raise issues of hierarchy between international organisations. It reviews, in particular, the creation of the office of the United Nations (UN) Ombudsperson and the first steps of Mrs Kimberley Prost who was appointed to this new office. The chapter also reviews the judgment of the European Union (EU) General Court in the Kadi 2010 case and what might be the likely consequences of these developments. The European Court of Justice and the European Court of Human Rights have taken positions in respect of sanctions decided by the Security Council, which have varied over time. The Ombudsperson will be for some time between a rock and a hard place and it will require all Mrs Prosts skill to extricate herself from there and bring us closer to a satisfactory solution. Keywords:Abdullah Kadi; European Union (EU) General Court; Kimberley Prost; Security Council; United Nations (UN) Ombudsperson

The International Tribunal for the Law of the Sea

Established within the framework of the United Nations Convention on the Law of the Sea (UNCLOS) (1982), the International Tribunal for the Law of the Sea (ITLOS) is a permanent judicial body, competent to adjudicate disputes arising from the interpretation or application of the said Convention. Established within the framework of the United Nations Convention on the Law of the Sea (UNCLOS) (1982), the International Tribunal for the Law of the Sea (ITLOS) is a permanent judicial body, competent to adjudicate disputes arising from the interpretation or application of the said Convention. The Tribunal is open to State parties to UNCLOS,as well as to other States and entities in specific circumstances. The contribution of the Tribunal to the international law of the sea as well as to general international law is already significant. The recent use of its advisory powers may open new ways to use the Tribunals competence. Keywords:international law; ITLOS; Tribunal; UNCLOS

A 'Footnote as a Principle'. Mutual Supportiveness and Its Relevance in an Era of Fragmentation

Multiple events or situations have been qualifi ed as “footnotes to history”. But footnotes are to history what they might also be to the progressive development of international law. In other words, they are neither the proper avenue for the crystallization of norms of customary international law nor the adequate receptacle of norms in statu nascendi. Footnotes are indeed oft en ignored or simply forgotten due to their isolated status in international documents, be they legal or nonlegal documents. The treatment of the principle or concept of mutual supportiveness in the Report of the International Law Commission (ILC) on Fragmentation of International Law: Difficulties arising from the Diversification and Expansion of International Law is an (un)conscious attempt at reducing mutual supportiveness to a “footnote to history”. The ILC Report mentions mutual supportiveness only in two instances, and then only briefly. First, to say that the “technique” of mutual supportiveness “seems more appropriate to play down that sense of conflict and to read the relevant materials from the perspective of their contribution to some generally shared–‘systemic’–objective”. Second, to convey that “often regimes operate on the basis of administrative coordination and ‘mutual supportiveness’ the point of which is to seek regime-optimal outcomes” before concluding that “while this is clearly appropriate in regard to treaty provisions that are framed in general or ‘programmatory’ terms, it seems less proper in regard to provisions establishing subjective rights or obligations the purpose of which it is to guarantee such rights”.