Transboundary Water Disputes
State Conflict and the Assessment of their Adjudication

A thorough analysis of how effectively international courts and tribunals adjudicate transboundary water disputes, using detailed case studies.

Itzchak E. Kornfeld (Author)

9781107186606, Cambridge University Press

Hardback, published 21 February 2019

334 pages
23.5 x 15.7 x 2.1 cm, 0.59 kg

One of the most challenging aspects of climate change has been the increased pressure on water resources limited by droughts and new rain patterns, which has been exacerbated by rapid modernization. Due to these realities, disputes across national borders over use and access to water have now become more commonplace. This study analyzes the history and adjudication of transboundary water disputes in five international courts and tribunals, two US Supreme Court cases, and boundary water disputes between the United States and Canada and the United States and Mexico. Explaining the circumstances and outcomes of these cases, Kornfeld asks how effective the courts and tribunals have been in adjudicating them. What kind of remedies have they fashioned and how have they dealt with polycentric and sovereignty issues? This timely work examines the doctrine of equitable allocation of transboundary water resources and how this norm can be incorporated into international law.

1. Adjudication and the scope of transboundary water disputes
2. The proliferation of dispute resolution fora
3. The scope of transboundary water issues, and polycentricity
4. Pacific dispute resolution and the limitations on adjudication
5. The impacts of sovereignty
6. The courts and tribunals assessed here
7. Factors used in analyzing effectiveness
8. Analyzing the disputes – the Supreme Court
9. Arbitration of transboundary water disputes
10. Conclusion
Index.

Subject Areas: Water supply & treatment [TQSW], Civil procedure, litigation & dispute resolution [LNAC], Water industries [KNBW]