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The Third Wave of Normativity in Global Water Law: The Duty to Cooperate in the Peaceful Management of the World's Water Resources: An Emerging Obligation Erga Omnes?

Journal of Water Law, Vol. 23, p. 51, 2013

Chicago-Kent College of Law Research Paper No. 2013-50

15 Pages Posted: 1 Dec 2013 Last revised: 11 Dec 2013

Patricia Wouters

University of Dundee - Centre for Water Law, Policy and Science; Xiamen Law School - China International Water Law (CIWL)

A. Dan Tarlock

Chicago-Kent College of Law - Illinois Institute of Technology

Date Written: November 30, 2013

Abstract

To meet the challenges of the increased competition for the planet's freshwater resources, it is necessary to align international water law with the United Nation's sustainable development goals (SDGs).This work considers the evolution of the duty to cooperate in the context of shared transboundary waters and argues that we now witness the emergence of the duty to cooperate in the peaceful management of the world's water resources as an obligationerga omnes imposable on all states.

At the heart of our argument are three fundamental tenets: (i) international law has the inherent capacity to, and is in the process of, transforming to address global water-related imperatives;(ii) the rules of international law that apply to shared water resources require a consolidated and a consolidating framework in order to address the global water crisis within and across national borders; (iii) the very notion of state sovereignty, recast in our contemporary setting, supports and provides the legal parameters for the crystallisation of an obligationerga omnesto ensure 'water for all' as a duty and entitlement of the international community as a whole.

Keywords: international water law, transboundary water law, water security

Suggested Citation

Wouters, Patricia and Tarlock, A. Dan, The Third Wave of Normativity in Global Water Law: The Duty to Cooperate in the Peaceful Management of the World's Water Resources: An Emerging Obligation Erga Omnes? (November 30, 2013). Journal of Water Law, Vol. 23, p. 51, 2013; Chicago-Kent College of Law Research Paper No. 2013-50. Available at SSRN: https://ssrn.com/abstract=2361634

Patricia Wouters (Contact Author)

University of Dundee - Centre for Water Law, Policy and Science ( email )

Peters Building
University of Dundee
Dundee, Scotland DD1 4HN
United Kingdom

Xiamen Law School - China International Water Law (CIWL) ( email )

422 South Siming Road
Xiamen, Fujian 361005
China

A. Dan Tarlock

Chicago-Kent College of Law - Illinois Institute of Technology ( email )

565 West Adams St.
Chicago, IL 60661
United States
(312) 906-5217 (Phone)
(312) 906-5280 (Fax)

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