The Utilisation of International Watercourses from an International Environmental Law Perspective

IF 0.4 Q4 ENVIRONMENTAL SCIENCES

Asian Journal of Water, Environment and Pollution Pub Date : 2023-01-23 DOI:10.3233/ajw230006

Nanik Trihastuti, P. Hananto, D. Kandou

引用次数: 0

Abstract

The international watercourse concept is one of the multilateral commitments to maintain water quality and control the utilisation of water. This concept aims to provide preventive measures for water pollution caused by the international community. With the importance of industrialisation, economic activities and uncontrolled use of water significantly impact water quality being polluted and resulting in reduced water discharge. Problems and conflicts will arise if there is an action from one of the States or the international community that violates international provisions. This research uses the normative legal research method. This study aims to examine and criticise forms of violations against international watercourses and discuss them from a legal perspective related to dispute settlement. The findings show that States must act in a fair and equitable manner in the utilisation of international watercourses, and prevent significant harm. Breaches of such obligations require compensation as a form of responsibility.

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国际环境法视角下的国际水道利用

国际水道概念是维持水质和控制水的利用的多边承诺之一。这一概念旨在为国际社会造成的水污染提供预防措施。随着工业化的重要性，经济活动和不受控制的用水严重影响水质被污染，导致水排放量减少。如果一个国家或国际社会采取违反国际规定的行动，就会产生问题和冲突。本研究采用规范法学研究方法。这项研究的目的是审查和批评违反国际水道的各种形式，并从与解决争端有关的法律角度加以讨论。调查结果表明，各国必须在利用国际水道方面以公正和公平的方式采取行动，并防止重大损害。违反这些义务需要赔偿，作为一种责任。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Asian Journal of Water, Environment and Pollution ENVIRONMENTAL SCIENCES-

CiteScore

1.00

自引率

20.00%

发文量

期刊介绍： Asia, as a whole region, faces severe stress on water availability, primarily due to high population density. Many regions of the continent face severe problems of water pollution on local as well as regional scale and these have to be tackled with a pan-Asian approach. However, the available literature on the subject is generally based on research done in Europe and North America. Therefore, there is an urgent and strong need for an Asian journal with its focus on the region and wherein the region specific problems are addressed in an intelligent manner. In Asia, besides water, there are several other issues related to environment, such as; global warming and its impact; intense land/use and shifting pattern of agriculture; issues related to fertilizer applications and pesticide residues in soil and water; and solid and liquid waste management particularly in industrial and urban areas. Asia is also a region with intense mining activities whereby serious environmental problems related to land/use, loss of top soil, water pollution and acid mine drainage are faced by various communities. Essentially, Asians are confronted with environmental problems on many fronts. Many pressing issues in the region interlink various aspects of environmental problems faced by population in this densely habited region in the world. Pollution is one such serious issue for many countries since there are many transnational water bodies that spread the pollutants across the entire region. Water, environment and pollution together constitute a three axial problem that all concerned people in the region would like to focus on.