Apr 10 2017

The Climate Resilient Organization: Adaptation and Resilience to Climate Change and Weather Extremes

Reviewed by Jessica Gordon, Massachusetts Institute for Technology

Given the impacts of climate change, what are the things that private organizations can do to adapt?

Climate Resilient_SendInBlue

by Martina K. Linnenluecke and Andrew Griffiths The Climate Resilient Organization: Adaptation and Resilience to Climate Change and Weather Extremes, Edward Elgar Publishing, 2015, 222 pp

What is a climate resilient organization? Martina K. Linnenluecke and Andrew Griffiths’s call for integrating mitigation, adaptation and resilience recognizes that this will require efforts beyond the organization itself. They assert that “a future key activity will be to create climate change resilient organizations,” which can deal with gradual and extreme changes (v). This begs the question, why is this a future activity and not a present-day one, especially given their lengthy explanation of climate impacts.

The book is divided into two sections, which could have easily been two different books. The first section provides a general overview on climate change impacts and politics. The authors outline the history of international climate policy until 2013 with a particular focus on adaptation and how these international commitments have played out on the national scale. Chapter 2 helpfully presents a short summary of the impacts on the private sector including investment risks, insurance and legal risks.

The second part of the book is more prescriptive and focused on organizational responses to climate change. It includes presenting the impacts of climate change on organizations and challenges to adaptation and resilience. This is primarily focused on private sector organizations. The authors provide an overview of different tools to assist organizations in assessing vulnerabilities and developing adaptation priorities. They also offer a general step-by-step list of activities (drawing on the UK Climate Impacts program) to assess adaptation options, which the authors also suggest using for resilience measures. Short cases studies are scattered throughout and are illustrative of the various ways private sector organizations are tackling climate change but are too cursory to guide decision-making.

Geared toward organizational decision-makers and policymakers, The Climate Resilient Organization is clearly written, nicely summarizes the literature and draws heavily on the Intergovernmental Panel on Climate Change (IPCC) reports. It is a good starting point for those looking for an introduction to climate change and how it might influence their business.


Apr 10 2017

Negotiating for Water Resources: Bridging Transboundary River Basins

Reviewed by Yasmin Zaerpoor, Massachusetts Institute of Technology

 A three-level analysis across three transboundary river basins concludes that, contrary to the realist perspective, powerful riparians are no less likely to cooperate when they are the upstream country.

Negociating for water_SendInBlue

 

by Andrea Haefner Negotiating for Water Resources: Bridging Transboundary River Basins, Earthscan, 2016, 212 pp

Negotiating for Water Resources contributes to a long and ongoing debate about the drivers of transboundary water cooperation and conflict. Andrea Haefner asks, “To what extent do power symmetries prevent or inhibit cooperation between riparian states over water resources?” More specifically, she challenges the assumption that an upstream country is less likely to cooperate when it is the basin hegemon, arguing that issue linkage and institutions matter as much as, if not more than, differences in riparians’ material power.

The book begins with a concise review of hydropolitical (i.e., study of interstate transboundary water cooperation and conflict) and international relations literature to define hegemony in a river basin (chapter 2). The next three chapters are detailed analyses of three levels of interactions––regional networks, river basin organizations and project-specific decisions––across three river basins (Mekong, Danube and La Plata).

While impressive, the three-level, three-basin case-study approach is, perhaps, overly ambitious. In an effort to prove the point that regional networks, river basin organizations, and issue linkage affect transboundary water outcomes, the three case study chapters go into great detail about the specifics of each river basin to the detriment of argument development.

For example, the book’s overall argument that cooperation is possible even in basins in which there are asymmetric power relations is irrefutable. However, as Zeitoun and his colleagues at the London School of Economics argue, not all “cooperation’ is created equal and, in some cases, cooperation may exist because of (not despite) asymmetric power relations. At times, the book seems to hint at this, but never explicitly addresses it. For example, in the case of the Danube, Haefner writes that it is possible that the river basin organization “will face challenges when the previously less dominant states become more advanced and will demand to influence the agenda” (110) but later concludes that cooperation is working well in the International Commission for the Protection of the Danube River. This, along with descriptions of China (the basin hegemon) remaining unaccountable to the Mekong River Commission and of Brazil and Argentina (the more powerful riparians) preventing the transformation of the La Plata River basin organization into an international organization with legal authority (a proposal favored by the ‘weaker’ riparians) (132), could easily be developed into a deeper discussion of how cooperation among riparians should be evaluated.

Throughout the case studies, the book hints at really interesting findings (e.g., these three river basin organizations were not effective in addressing conflicts that would arise, suggesting that they were not designed with effective conflict resolution mechanisms in mind), but does not give them sufficient attention. This is, at times, frustrating because the author provides rich comparative analyses of three relatively under-studied river basins, but buries the insights in descriptions of the context.

The final chapter provides a summary of the findings––many of which are valuable contributions to the existing literature on transboundary water management. The most salient findings are related to the characteristics of river basin organizations (e.g., level of riparian inclusion, institutional design, funding and opportunity for public participation) that make them more (or less) effective. Overall, this book is a concise primer on three major river basins in the world, an effective demonstration of a case study approach and an excellent resource for anyone interested in hydropolitics.


Apr 10 2017

American Environmental Policy: The Failures of Compliance, Abatement and Mitigation

Reviewed by Elise Harrington, Massachusetts Institute of Technology

Maybe the focus of US environmental policy on compliance, abatement and mitigation has been a mistake. 

American Environment_SendInBlue

 

by Daniel Press American Environmental Policy: The Failures of Compliance, Abatement and MitigationEdward Elgar Publishing, 2015, 224 pp

In American Environmental Policy Daniel Press, professor of environmental studies at University of California, Santa Cruz, contests the “widespread acclaim” for US environmental regulation, challenging policymakers and policy analysts to “re-think our objectives for environmental regulation.” Focusing on policy tools and outcomes, Press asks a set of basic, but fundamental, questions: has American environmental policy performed as well as policy in comparable countries? Were the most appropriate policy instruments used and were they implemented correctly? Has environmental regulation transformed patterns of production and consumption?

Press substantiates his argument with previous literature, personal experience as a member of California’s Central Coast Regional Water Quality Board (chapter 4) and descriptive data on US Toxic Release Inventory (chapter 2), emissions factors (chapter 2), SOx emissions (chapter 3), critical load exceedances (chapter 3), paper recovery rates, and related paper shipping and transport statistics (chapter 5). Each chapter illustrates the complexity of implementing environmental policies and opportunities for policy reform. Key areas of improvement include policies that focus more on environmental and public health outcomes, collecting high-quality information and providing incentives for continual improvement.

Press’s critique identifies the failures of the “compliance-abatement-mitigation” approach to environmental policy that dominates US regulatory design. Press claims that this approach does not radically challenge accepted modes of land-use, energy production, manufacturing, construction or transportation, but rather emphasizes pollutant containment and reductions primarily from serious offenders. Thus, US environmental policy tends to “focus on compliance and technology rather than performance” and does not account for growth in the number of polluting sources for end-of-pipe regulations, fails to link policy outputs to outcomes, and provides insufficient incentives to transform manufacturing and industrial processes. Examining successes and failures across the Clean Water Act and the Clean Air Act, Press abstracts lessons learned from successful examples such as the Acid Rain Program’s real-time emissions monitoring, local experimentation with low impact development and effective marketing for recovered paper manufacturing.

Press recognizes that politics play an important role in environmental policymaking (chapter 6), but aside from citing successful examples of local and state “extended producer responsibility” rules he does not discuss how to overcome resistance to change the status quo, what he terms “political or ideological obstruction.” References to political polarization suggest that future work on regulatory design and policy tools must be linked to studies of environmental politics in order to propose “effective, parsimonious, precautionary and participatory environmental regulations.” Following Press’s discussion of regulatory failure and reform in US environmental policy, readers are positioned to further study the role of technology and information in environmental regulatory design.


Jan 11 2017

Consensus and Global Environmental Governance: Deliberative Democracy in Nature’s Regime

Reviewed by Yasmin Zaerpoor, Massachusetts Institute of Technology

 An engaging argument for pursuing ecologically sustainable and democratically legitimate earth systems governance through democratic deliberation.

 Consensus and Global Environmental Governance

 

by Walter F. Baber and Robert V. Bartlett Consensus and Global Environmental Governance: Deliberative Democracy in Nature’s Regime, MIT Press, 2015, 272 pp

Consensus and Global Environmental Governance: Deliberative Democracy in Nature’s Regime is part of the MIT Press Earth System Governance book series. The series identifies normative discourses about global environmental governance. Following Deliberative Environmental Politics (2005) and Global Democracy and Sustainable Jurisprudence (2009), Baber and Bartlett’s third book examines the application of deliberative democratic theory to the practice of environmental politics. In Global Democracy and Sustainable Jurisprudence the authors argued that the democratic deficit and inefficacy of international environmental law can be addressed through a system of juristic democracy. In this system, environmental law backed by nation-states would be replaced by global common law derived from the rulings of numerous global citizen juries on hypothetical legal cases. Consensus and Global Environmental Governance highlights the practical difficulties and implications of using a deliberative approach to consensus-building.

Baber and Bartlett present convincing arguments regarding the merits of a more democratic process of global environmental policymaking in the first half of the book (Ch. 1–5). Chief among these are that a more democratic process would (i) ensure public support and stronger political will (something that has been missing from past negotiated climate agreements), (ii) lead to a much-needed shift in values and (iii) ensure more environmentally just outcomes. They point to several conditions that must be met for rules to be effective (Ch. 1) and advocate for deliberative techniques (such as juristic deliberation) to ensure “ecologically sustainable and democratically legitimate environmental governance” (Ch. 2). International law and negotiations, they argue, have been ineffective due to poor implementation and regulation marked by a democratic deficit (Ch. 3).

Baber and Bartlett anchor themselves squarely on the side of deliberative democracy in the broader academic debate. They address common criticisms: deliberation may (i) push conflict aside rather than resolve it; (ii) exacerbate existing inequalities and lead to unfair outcomes; (iii) discriminate against political perspectives held by minorities; (iv) be overly technical in nature, thereby inadvertently excluding historically disadvantaged groups; and (v) fail to affect policymaking, thereby further disenfranchising politically marginalized groups (Ch. 4). Like other deliberative democracy advocates, they respond to these complaints by emphasizing the importance of the design and implementation of the process of deliberation and by countering with a critique of the alternative (i.e., aggregative democracy).

The obvious challenge of a deliberative approach to international policymaking is that it becomes unwieldy. Baber and Bartlett propose a system of juristic deliberation in which citizen juries from around the world would be convened to adjudicate hypothetical environmental disputes. When transnational consensus is reached on a specific issue, the results of the deliberation would then be made available to “international tribunals for citation as a general principle of law in support of their resolution of specific environmental disputes” (p. 168). In this way, they argue, we would gain more insight into shared global values and identify similar approaches to disputes across cultures. In theory, this should enable policymakers to develop a new system of environmental policies built on normative consensus.

The authors use research on trial juries to support their call for citizen juries (Ch. 6), continue to develop their vision of juristic democracy in the second half of the book (Ch. 7–9) and conclude with a defense against charges that consensus may not be possible or desirable (Ch. 10). The book includes an example case (Appendix B) of a hypothetical water-warming dispute between three countries (Arroya, Panterra and Meerland). Baber and Bartlett describe the results of testing this case with twelve citizen panels from the United States, Germany, Russia, Sweden and the United Kingdom (Appendix A).

Their overarching argument is that democratic deliberation can be used at every step of global environmental governance and policymaking to build and identify normative, political and social consensus. Juristic deliberation can be used to spot “widely supported normative principles and general propositions of law” (i.e., normative consensus), whereas classic deliberative techniques (e.g., deliberative polling, consensus conferences, planning cells, etc.) can only be used to engage the public in choosing among alternative policy paradigms (i.e., identify political consensus). In the final step, policies are implemented through stakeholder partnerships to help ensure social consensus.

Although Baber and Bartlett argue persuasively that deliberative democracy has the potential to increase the political legitimacy of environmental governance and lead to more ecologically sustainable policies, the real challenge lies in convincing nation-states that the costs (including the political costs) associated with such deep engagement with the public will be offset in the long run.


Jan 11 2017

Environmental Litigation in China: A Study in Political Ambivalence

Reviewed by Jessica Gordon, Massachusetts Institute of Technology

The emergence of and reactions to environmental litigation in China.

Environmental Litigation in China

 

by Rachel Stern Environmental Litigation in China: A Study in Political Ambivalence, Cambridge University Press, 2013, 314 pp.

What happens when tons of industrial waste are dumped in a Chinese river? Rachel Stern’s insightful book Environmental Litigation in China: A Study in Political Ambivalence explores the shifting conditions under which the Chinese legal system is being used to address pollution issues. While the book is written in clear and accessible prose, it complicates common narratives around the Chinese legal system and exposes its many contradictions. The first half of the book provides a nuanced picture of environmental litigation including exploring specific pollution cases with different approaches and outcomes and is fascinating as it reveals the strengths, limitations and creativity within environmental litigation. The second half of the book analyzes the issue from the perspectives of judges, lawyers and NGOs. While the voices of state actors are notably absent, given the limitations of research in China this is understandable. Stern rallies a range of evidence to support her argument.

She demonstrates how actors are reacting to a state that sees the advantages of using the law to control pollution, but also recognizes how the law could undermine the state itself. Stern terms these conflicting state signals political ambivalence and analyzes how they provide space for bottom-up experimentation and incremental change. It is, however, also clear that the legal system alone will not be enough to address the variety of forces that allow pollution to continue.

The book focuses on the Hu period and should be taken as a slice in time. The legal landscape is changing as the new environmental law makes it easier for some groups to sue polluting industries. The first public interest case under the new law in 2016 was successful. Most cases, though, are still not making it to the court. The book would be a great choice for an undergraduate or graduate course on environmental politics. It is also likely to engage anyone interested in the intersection of law and the environment.


Oct 8 2016

Water and the Law: Towards Sustainability. The IUCN Academy of Environmental Law Series

Reviewed by Andrea Beck, Massachusetts Institute of Technology

 An edited collection examining the interlinkages between law and sustainable water management

Water and the law

 

Edited by Michael Kidd, Loretta Feris, Tumai Murombo and Alejandro Iza Water and the Law: Towards Sustainability. The IUCN Academy of Environmental Law Series, Edward Elgar, 2014, 416 pp.

Water resources are increasingly threatened in many parts of the world due to mismanagement, overuse and climate change. To help address the global water crisis, Water and the Law explores the multifaceted connections between legal instruments and sustainable water management. The fifteen chapters of this edited volume are partly the result of a colloquium held in South Africa in 2011 by the IUCN Academy of Environmental Law. They are framed around two central questions: How can law contribute to the sustainability of water itself? And how can legal regulation of water contribute to the sustainability of human life and biodiversity?

To analyze these questions, the book proceeds in three parts. The first focuses on international and transboundary water law. It discusses the evolution of transboundary water cooperation within the international system of state sovereignty, and reviews a number of global and regional instruments for the governance of surface water and groundwater, such as the UN Watercourses Convention, the UNECE Water Convention, the SADC Revised Protocol on Shared Watercourses, and the International Law Commission’s draft articles on the Law of Transboundary Aquifers. The book’s emphasis lies in the second part, which focuses on domestic water governance and integrated water resources management in various national jurisdictions, including Australia, Brazil, Finland, the Netherlands, New Zealand and South Africa. Two final chapters in the third part examine the right of access to water, highlighting issues such as the heterogeneity of the right in developed versus developing countries, water pricing and social justice, and indigenous struggles for water rights.

As stated in the book’s introduction, some of the chapters are reprints of previously published material. Lengthy reiterations of legal documents in several chapters could also be shortened for the benefit of originality and analytical focus. Furthermore, the book’s overall purpose could be even more ambitious, going beyond raising “most of the important questions” and providing “food for thought and further investigation” (p. 9). Nevertheless, the book displays much strength, including the attention devoted to climate change, and the illustration of complex concepts and regimes by means of case studies (for example, from the Nile and the Murray-Darling basins). Taken together, this edited collection thus provides an important resource for better understanding and harnessing the potential of law in achieving sustainable water resources management.


Oct 12 2015

WATER AND POST-CONFLICT PEACEBUILDING

Reviewed by Yasmin Zaerpoor

Nineteen case studies providing insights into the inherent complexity of water management

peace building

Water and Post-Conflict Peacebuilding, edited by Erika Weinthal, Jessica Troell, and Mikiyasu Nakayama, Earthscan, 2013

Editors Erika Weinthal, Jessica Troell and Mikiyasu Nakayama present 19 case studies from 28 conflict-affected countries highlighting the importance of water in post-conflict peacebuilding. The book is one in a collection of seven that examines the relationship between natural resources and different aspects of peacebuilding. This behemoth of a project seeks to address a perceived gap in the literature, asking ‘How can natural resources support post-conflict peacebuilding?’ and ‘What are the potential risks to long-term peace in the absence of effectively addressing natural resources?

The book is divided into five parts: (i) Basic services and human security; (ii) Livelihoods; (iii) Peace processes, cooperation, and confidence building; (iv) Legal frameworks; and (v) Lessons learned. Each section begins with a concise introduction summarizing the dominant message and themes in the case studies that follow. The case studies can be taken as stand-alone pieces, read in relation to one of the broad themes, or combined with other case studies of the same country. A focus on Afghanistan, for example, might lead one to read about restoring water services in Kabul (Piner and Reed), community water management (Burt and Keiru), water resource management (McCarthy and Mustafa), or water scarcity and security (Dehgan, Palmer-Moloney and Mirzaee) in the Afghan context. The case studies vary in length and detail, but all relate to water as either a potential source of conflict or cooperation. Each case study includes a fairly extensive list of references, making it a helpful starting point for additional reading and research.

The final section of the book is a well-written synthesis of the lessons related to water management in post-conflict settings and is organized along a ‘timeline of peacemaking’ – starting from post-conflict humanitarian interventions in water and sanitation to longer term peacemaking through regional efforts to cooperatively manage water resources. This book will be useful for practitioners, academics and policymakers in international relations, natural resource management, security, and peacebuilding. It also provides very helpful and generalizable insights into the inherent complexity of water management.

 


May 8 2015

GOVERNING THE NILE RIVER BASIN: THE SEARCH FOR A NEW LEGAL REGIME

Reviewed by Yasmin Zaerpoor, Massachusetts Institute of Technology

Providing a helpful review of the Nile Basin in relation to the political economy of transboundary water resource management

9780815726562_p0_v1_s600

Governing the Nile River Basin: The Search for a New Legal Regime, by Mwangi Kimenyi and John Mukin Mbaku, Brookings Institution, 2015

Governing the Nile River Basin: The Search for a New Legal Regime is a clear and timely primer for anyone interested in hydropolitics in the Nile Basin and, more specifically, in understanding the significance of the recently signed Declaration of Principles on the Grand Ethiopian Renaissance Dam or Tanzania’s recent ratification of the Cooperative Framework Agreement (CFA). The book’s eleven chapters provide a helpful desk review of the Nile Basin in relation to the political economy of transboundary water resource management including chapters on hydrology (Ch. 2), 1929 and 1959 Nile Agreements (Ch. 4), and recommendations for a future legal framework (Ch. 11).

Although the book clearly introduces the obstacles to cooperation in transboundary water management in the Nile Basin; at times, it adopts a less than objective tone when describing Egypt’s role in the Basin. While Egypt’s power in the Basin is indisputable, and most of the book’s more critical references to Egypt’s control in the Basin are references to other authors’ works, the ‘Egyptian perspective’ is not as well developed as the upstream perspective. That said, the authors do recognize Egypt’s near-complete dependence on the Nile and emphasize that any future basin-wide legal framework must recognize this as well.

The authors aptly point out that the ‘question in the Nile River basin today is not whether to change the status quo but how to do so.’ In the final chapter, they highlight several components of a process they believe will lead to the development of an effective basin-wide legal instrument. These include (i) recognition of Egypt’s dependence on the Nile; (ii) an inclusive and participatory process; (iii) ownership of the process by the Nile Basin states; (iv) basin-wide consultation to ensure the buy-in of all stakeholders (not just government representatives and technocrats); (v) adequate support (e.g. lodging, translators, etc.) for participants engaged in the process; and (vi) flexibility in the design of the legal instrument to account for uncertainty related to climate change.

It is not entirely clear, however, how their recommendations are different from the CFA drafting and negotiation process. In other words, by the end of the book, although the authors clearly illustrate the limited efficacy of the CFA as a basin-wide legal framework in the absence of Egypt and Sudan’s support, they do not present a very clear or strong case for why their recommendations would lead to a different outcome. Given the very recent developments in the Nile Basin (which occurred after the book was published), it would be interesting to hear the authors’ perspectives on how, if at all, the momentum for cooperation catalyzed by recent events could be used to renew the Basin states’ commitment to the CFA process. After ten years of negotiation, it would be a shame to abandon the CFA altogether.

 


Mar 27 2015

DISASTER, CONFLICT AND SOCIETY IN CRISES: EVERYDAY POLITICS OF CRISIS RESPONSE

Reviewed by Tarique Niazi, University of Wisconsin-Eau Claire

All disasters and the responses to them are socially constructed.

9780415640824

Disaster, Conflict and Society in Crises: Everyday Politics of Crisis Response, edited by Dorothea Hilhorst, Routledge, 2013

Disasters have long been assumed to be “natural,” and as such, “inevitable.” The founding fathers of Disaster Studies, many of whom were engineers, focused on designing responsive strategies to mitigate the after-effects of disasters. Disaster Studies has since come a long way to recognize the “social construction” of disasters. Environmental sociologists such as Dr. William R. Freudenburg and his colleagues have made major contributions to this way of thinking, arguing for and illustrating how disasters are socially-constituted. From a sociological perspective, “all disasters are man-made,” and hence avoidable.

In this context, not only have Dorothea Hilhorst and her fellow contributors in their edited volume on Disaster, Conflict and Society in Crises furthered this way of thinking, but they have also mapped the ways in which disasters are socially constructed. In particular, they have concentrated on the way that “responses” to disasters or crises are conceived. They deploy discourse analysis to help the reader understand the process of social construction of disaster events and thus uncover the battles that often go on among vested interests. They apply discursive analyses to such disparate events as “terrorist violence” in Sri Lanka and the impact of climate change on Mozambique.

Discursive strategies, they argue, help government and non-government actors construct “disasters” and “response to disasters” in a way that tangibly shapes state aid policies, aid governance, and aid politics. In discursive battles, words grow into fighting deeds that shape the outcomes of responsive strategies. Also, the authors argue that conflicts and disasters are emblematic of a breakdown of social order (i.e., chaos and disruption). They also contend that disruption and chaos create opportunities to reorder and reconstitute the institutions that deal with disaster events (referred to as continuity and discontinuity).

Hilhorst, the volume’s editor, employs the idiom of “everyday politics” as a frame to uncover the political and social dynamics of aid politics. The first part of the book focuses on the social construction of disasters, responses, and the manner in which local government and non-governmental actors securitize (or depoliticize) their strategies. In the second part, local institutions transform a crisis and become transformed by it, while the third speaks to a variety of interventions that are possible in crisis events. The book offers a wealth of theoretical and empirical ideas in accessible language, providing an invaluable contribution to the discipline of Disaster Studies.


Nov 5 2013

COOPERATION IN THE LAW OF TRANSBOUNDARY WATER RESOURCES, by Christina Leb

Reviewed by Sharmila L. Murthy, Suffolk University Law School

Christina Leb stresses the need for international cooperation when it comes to transboundary water systems, particularly in respect to international water law and resource management.

Cooperation in the Law of Transboundary Water Resources, by Christina Leb, Cambridge University Press, 2012, 363 pp.

In her book on the Cooperation in the Law of Transboundary Water Resources, Christina Leb makes a strong case for the heightened importance of the duty to cooperate within international water law.  She methodically and carefully illustrates how the duties and obligations associated with cooperation on transboundary water resources have become more robust over time, which reflects broader trends within the fields of public international law and international relations.  The duty to cooperate was not explicitly recognized by early texts that sought to codify international water law, but, for example, by the time the UN Watercourses Convention was drafted, it was described as a “general principle.”  Leb further builds her case by explaining how it is misleading to conceive of the general duty to cooperate as merely a “procedural” obligation, rather than also considering the interrelated “substantive” aspects. (p.114)  Drawing on real-world examples, she links the substantive and procedural content together to consider specific cooperation obligations, such as the regular exchange of data and information.

In an understated way characteristic of her style, Leb argues that the duty of cooperation is now on par with the two seminal principles of international water law, namely “equitable utilization” and “the obligation not to cause significant harm,” which Leb describes as “the principle of good neighborliness.”  She illustrates how these principles, along with the duty to cooperate, “interact, overlap and mutually support on another as general principles of international water law” and thus, should be understood as a “triangle of cornerstone principles.” (p.105)  Drawing on a textual analysis of over 200 bilateral and multi-lateral treaties concerning transboundary water resources as well as key judicial decisions, she supports this argument through examples of state cooperation, such as via negotiations, consultations, planning and joint management (see Chapters 4 and 5).

The book also delves into another fascinating area of the law, namely the intersection of transboundary water law and human rights law.  In Chapter 6, Leb considers the relationship between the obligation of “vital human needs” as set forth in the UN Watercourses Convention with recent recognition of a human right to water by the United Nations, which derives from existing treaty obligations under the International Covenant on Economic, Social and Cultural Rights.  Leb tackles one of the more controversial aspects of this newly recognized human right by considering the degree to which there are associated extraterritorial obligations.  Under the existing human rights framework, states have obligations to individuals within their boundaries, but not to individuals living in other states.  Leb suggests that a provision in the UN Watercourses Convention relating to non-discrimination with regard to access to justice could be complementary to human rights law and provide a way of expanding transboundary water obligations with respect to vital human needs.

Leb’s book offers a thorough analysis of the increasingly important role the duty to cooperate plays in international water law.  While the topics she addresses will be relevant to anyone interested in questions of transboundary water governance, the style of writing and approach will make it most interesting and accessible to legal scholars.



Parse error: syntax error, unexpected 'endif' (T_ENDIF) in /home/anthempr/public_html/anthemenviroexperts.com/wp-content/themes/elegant-grunge/footer.php on line 14