3 février 2021

OUVRAGE : H. Ruiz Fabri, E. Franckx, M. Benatar, T. Meshel (eds.), A Bridge over Troubled Waters Dispute Resolution in the Law of International Watercourses and the Law of the Sea

Hélène RUIZ FABRI, Erik FRANCKX, Marco BENATAR, Tamar MESHEL

A Bridge Over Troubled Waters: Dispute Resolution in the Law of International Watercourses and the Law of the Sea takes stock of the progress made thus far in the resolution of disputes concerning international watercourses and the oceans, in addition to considering their future paths. Written by renowned academics and practitioners, the chapters of this edited collection enable the reader to reflect on the achievements and setbacks that characterize each field and their potential for cross-fertilization. Four major themes are explored: the shifting boundaries of “traditional” methods of dispute settlement; the contributions made by relevant organizations to dispute settlement; the interplay between substantive and procedural rules; and case studies on dispute resolution in the Nile and the Arctic.


TABLE OF CONTENTS

Introduction, Hélène Ruiz Fabri, Erik Franckx, Marco Benatar, Tamar Meshel
PART I
‘TRADITIONAL’ METHODS OF DISPUTE SETTLEMENT

Chapter 1: Boldizsár Nagy, The ICJ Judgment in the Gabčíkovo-Nagymaros Project Case and Its Aftermath: Success or Failure?
Chapter 2: Michael Wood, Eran Sthoeger, Third-Party Intervention and Involvement in Inter-State Arbitration
Chapter 3: Bernard H. Oxman, Choice of Forum for Settlement of Law of the Sea Disputes
Chapter 4: Natalie Klein, Timor Sea Conciliation: A Harbinger of Dispute Settlement under UNCLOS?
Chapter 5: Liesbeth Lijnzaad, Dispute Settlement for Marine Biodiversity beyond National Jurisdiction: Not an Afterthought
PART II
THE ROLE OF ORGANIZATIONS IN DISPUTE SETTLEMENT

Chapter 6: Judith Levine, Susan Kimani, Peace, Water and the Permanent Court of Arbitration: Supporting Dispute Settlement from the Rhine to the Corentyne 
Chapter 7: Laurence Boisson de Chazournes, Komlan Sangbana, Lake Chad Basin Commission, Basin Commissions, Dispute Settlement and the Maintenance of Peace and Security - The Case of the Lake Chad Basin Commission
Chapter 8: Rosemary Rayfuse, Settling Disputes in Regional Fisheries Management Organisations: Dealing with Objections
Chapter 9: Michael W. Lodge, The International Seabed Authority and Disputes over Deep Seabed Mining
Chapter 10: Esa Paasivirta, André Bouquet, The European Union’s Engagement in International Maritime Disputes: Looking Inwards, Looking Outwards and Looking Both Ways
PART III
THE ROLE OF SUBSTANTIVE AND PROCEDURAL PRINCIPLES IN DISPUTE RESOLUTION

Chapter 11: Owen McIntyre, Procedural Rules of International Water Law and the Imminent Challenges of the Ecosystem Approach
Chapter 12: Attila M. Tanzi, Substantialising the Procedural Obligations of International Water Law between Compensatory and Distributive Justice
PART IV
CASE STUDIES

Chapter 13: Salman M. A. Salman, The Nile River Basin: On the Road towards Inevitable Cooperation?
Chapter 14: Rolf Einar Fife, Dispute Settlement in the Arctic: Continuity and Change
Chapter 15: Viatcheslav Gavrilov, Delimitation of the Continental Shelf in the Arctic Ocean: Present State and Possible Legal Solutions
Chapter 16: David L. VanderZwaag, Canada’s Arctic Disputes: Cooperative Bridges, Foggy Futures


 Hélène RUIZ FABRI, Erik FRANCKX, Marco BENATAR, Tamar MESHEL (eds.), A Bridge over Troubled Waters Dispute Resolution in the Law of International Watercourses and the Law of the Sea, Leiden, Brill/Nijhoff, 2020 (470 pp.)

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