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The Study On The Water Resources Dispute Settlement Mechanism Of The Nile River

Posted on:2012-11-14Degree:MasterType:Thesis
Country:ChinaCandidate:J GuoFull Text:PDF
GTID:2216330338971586Subject:International law
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In case two or more countries shares one freshwater rivers, freshwater lake or underground water, the dispute among the relevant countries is difficult to copy with. In recent years, as the global water shortage crisis deepened, the problem on cross-border freshwater resources is worsening. This article analysis the substance and legal problems of the dispute of Nile river, primarily studies the dispute settlement mechanism of the International River, as well as dispute settlement case apply to the Nile river dispute. This study tries to provide some theoretical support which can contribute to the settlement of the dispute of the Nile River.The challenge of how to allocate and make use of Nile waters has existed for a long time. This article argues that the essence of the problem is the Nile Basin countries interpret the right of water resources depend on their own interests.To resolve the dispute, there are two legal issues must analysis in advance, water rights and the effectiveness of the Nile water treaty. We should abandon the absolute territorial sovereignty theory and absolute territorial integrity theory and accept the limited territorial sovereignty theory or benefit-sharing theory. We can divide the formulation of the Nile water treaty into there periods: for colonial treaty, according to the"whiteboard principle", any country has right not perform the obligations from these treaties. For post-colonial treaty, there isn't any agreement between upstream and downstream countries, the 1959 agreement carrying into effect between the signatories. Base on the same reason, 2010 agreement can't carry into effect to downstream countries. It is the high time to develop an agreement including all Nile Basin countries.Nile basin countries'a lot of effort to resolve the dispute came to little. The international river dispute settlement mechanism focus on national behave should follow the politics and legal principles. There are a lot of dispute settlement cases to draw on.The Helsinki Rules on the Uses of the Waters of International Rivers and The Convention on the Law of the Non-navigational Uses of International Watercourses laid the important legal foundation for resolve the dispute. Although because of the very different environmental conditions, it is still possible to find a solution according to the international river law.
Keywords/Search Tags:International River, Nile River Water Resources Dispute, Dispute Settlement Mechanism
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