{"title":"国际环境法视角下的国际水道利用","authors":"Nanik Trihastuti, P. Hananto, D. Kandou","doi":"10.3233/ajw230006","DOIUrl":null,"url":null,"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.","PeriodicalId":8553,"journal":{"name":"Asian Journal of Water, Environment and Pollution","volume":" ","pages":""},"PeriodicalIF":0.4000,"publicationDate":"2023-01-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The Utilisation of International Watercourses from an International Environmental Law Perspective\",\"authors\":\"Nanik Trihastuti, P. Hananto, D. Kandou\",\"doi\":\"10.3233/ajw230006\",\"DOIUrl\":null,\"url\":null,\"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.\",\"PeriodicalId\":8553,\"journal\":{\"name\":\"Asian Journal of Water, Environment and Pollution\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":0.4000,\"publicationDate\":\"2023-01-23\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Asian Journal of Water, Environment and Pollution\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.3233/ajw230006\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"ENVIRONMENTAL SCIENCES\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Asian Journal of Water, Environment and Pollution","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.3233/ajw230006","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"ENVIRONMENTAL SCIENCES","Score":null,"Total":0}
The Utilisation of International Watercourses from an International Environmental Law Perspective
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.
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.