International Water Law
University of Geneva
Об этом курсе
In recent decades, international law has undergone a series of major developments in order to accommodate the many new facets of freshwater management and protection. The adoption of universal, regional and basin instruments highlights how important it is to study the evolution of international water regulations and to be able to identify the main principles in this field. This course aims to provide the necessary background to understand and examine the regulation applicable to transboundary freshwaters especially to rivers, lakes and aquifers. It presents the principles and legal standards that govern the use, sharing, management and protection of these resources.
The MOOC is made up of 5 modules. As each module addresses a different theme, they can be viewed in any order. However, the modules do follow a certain pedagogical logic and following in order will be especially helpful to those who are new to the subject. Each module is accompanied by an evaluation questionnaire or quiz. A certificate will be awarded to students who obtain an average of at least 80% in the quizzes.
By the end of this course, you will be able to:
1) Describe the issues related to the regulation of transboundary freshwaters;
2) Explain how transboundary freshwater regulations have evolved;
3) Recall and interpret the key principles governing water resource regulation;
4) Understand the role of transboundary freshwater dispute settlement mechanisms in the development of international freshwater law (or to understand the role of international courts and tribunals in the resolution of conflicts)
This MOOC was developed by the Platform for International Freshwater Law that is part of the Geneva Water Hub, assisted by the MOOC Team of the University of Geneva. Alongside the researchers and teachers of the Platform, several international experts have also participated. This MOOC is one of three courses supported by the Water Hub Geneva and the University of Geneva. The other MOOCS are "Water Management and Policy" (www.coursera.org/learn/gestioneau) and "Ecosystem Services: a method for sustainable development "(www.coursera.org/learn/ecosystem-services). The Global Water Program of the Swiss Agency for Development and Cooperation (SDC) has funded this course.
This MOOC was originally created in French. It has English subtitles.
Syllabus - What you will learn from this course
1
Section
Module 1: Introduction to international water law
With around two hundred and seventy-six (276) rivers and lakes and a large number of groundwater shared by two or more States, there is an increasing level of interest in the importance of international law in this area. This introductory module is designed to highlight how international regulation is fundamental to achieving a harmonious and peaceful management of these essential resources. It outlines the various issues and challenges related to the management and protection of water resources. Whilst emphasis is placed on the factors that can lead to conflict, the module will also show how water can be considered as an instrument of peace and cooperation among States. Within this context, the benefits of cooperation between States over transboundary freshwater are examined. We will also analyse the different uses linked to water resources and the relationships that exist between them. The module will be concluded by a quiz worth 15% of the final mark. You must have at least 80% of the answers correct to pass the module.
9 videos (Total 69 min), 2 readings, 2 quizzes
9 videos
1.1 Introduction - Dr Komlan Sangbana and Dr Mara Tignino, Platform for International Water Law/Geneva Water Hub, University of Geneva2m
1.2.1 Challenges in the Management and Protection of Transboundary Water Resources - Professor Laurence Boisson de Chazournes, Faculty of Law, University of Geneva11m
1.2.2. Transboundary Water Resources as a Possible Cause of Conflict - Dr Mara Tignino, Platform for International Water Law/Geneva Water Hub, University of Geneva9m
1.2.3. The Benefits of Cooperation on Transboundary Water Resources - Dr Komlan Sangbana, Platform for International Water Law/Geneva Water Hub, University of Geneva9m
1.3.1. The Multiple Utilizations of Transboundary Water Resources - Professor Laurence Boisson de Chazournes, Faculty of Law, University of Geneva7m
1.3.2. The Characteristics of the Conflicts between Utilizations - Professor Makane Moïse Mbengue, Faculty of Law, Institute for Environmental Sciences, University of Geneva10m
1.3.3. Case Study : Conflict between Uses in the Uruguay River (Argentina/Uruguay) - Dr Mara Tignino, Platform for International Water Law/Geneva Water Hub, University of Geneva11m
1.4. Conclusion - Dr Komlan Sangbana and Dr Mara Tignino, Platform for International Water Law/Geneva Water Hub, University of Geneva3m
2 readings
Glossary10m
Fundamental Legal Instruments10m
2 practice exercises
Formative Assessment of the Lecture 1.24m
Quiz of module 120m
2
Section
Module 2: The Evolution of the International Regulation on Fresh Water Resources
This module outlines the major milestones in the evolution of international freshwater regulation. It will present the scope and contribution of the United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses (1997 Convention) and the Convention on the Protection and Use of Transboundary Water and International Lakes of the United Nations Economic Commission for Europe (UNECE) (1992 Convention). The role of international organizations, international academic societies and civil society in the development and promotion of these instruments will be highlighted. The unique nature of groundwater regulation is also addressed and we will look closely at the main features of the 2008 International Law Commission’s Draft articles on the Law of Transboundary Aquifers. We will also examine the best practice shown in the 2008 Convention on the Protection, Utilisation, Recharge and Monitoring of the Franco-Swiss Genevois Aquifer. The module will be concluded by a quiz worth 20% of the final mark. You must have at least 80% of the answers correct to pass the module.
10 videos (Total 95 min), 2 quizzes
10 videos
2.2.1. The Origin of Codification of the Law Applicable to International Watercourses - Interview with Professor Lucius Caflisch, Honorary Professor at the Graduate Institute of International and Development Studies and Former Member of the UN International Law Commission9m
2.2.2. The Significance of the Entry into Force of the Convention on the Law of the Non-Navigational Uses of International Watercourses of 1997 - Professor Makane Moïse Mbengue, Faculty of Law, Institute for Environmental Sciences, University of Geneva8m
2.2.3. The Contribution of the Convention on the Protection and Use of Transboundary Watercourses and International Lakes of 1992 to the Regulation of Transboundary Water Resources - Interview with Ms Francesca Bernardini, Secretary of the Convention on the Protection and Use of Transboundary Watercourses and International Lakes11m
2.2.4. The Role of Civil Society in the Ratification Process of the United Nations Convention of 1997 - Interview with Ms Marie-Laure Vercambre, Director, Water for Life and Peace Programme, Green Cross International17m
2.3.1. The Challenges Linked to the Regulation of Groundwater Resources - Ms Raya Stephan, Expert in Water Law, International Consultant7m
2.3.2. The Work of the International Law Commission on the Law of Transboundary Aquifers - Ms Raya Stephan, Expert in Water Law, International Consultant9m
2.3.3. The Specificities of the Law on Transboundary Aquifers - Ms Raya Stephan, Expert in Water Law, International Consultant10m
2.3.4. Case Study : The Genevese Transboundary Aquifer (Switzerland-France) - Interview with Dr Gabriel de Los Cobos - Expert, Hydrogeologist, Department of Geology, Soil and Waste (GESDEC), Canton of Geneva16m
2.4. Conclusion - Dr Komlan Sangbana, Platform for International Water Law/Geneva Water Hub, University of Geneva2m
2 practice exercises
Quiz of the Lesson 2.34m
Quiz of Module 220m
3
Section
Module 3: The Principles of the Law on Transboundary Water Resources I
This module presents the general principles governing how water is shared and we will also examine the rules associated with planned measures on transboundary waters. We will take a look at the theory behind the principle of equitable and reasonable use, the obligation to not cause significant harm and the principle of cooperation. The rules of notification, consultation and negotiation in the case of planned measures will be examined in detail. We will also focus how these principles interact with each other. The module will be concluded by a quiz worth 25% of the final mark. You must have at least 80% of the answers correct to pass the module.
9 videos (Total 63 min), 1 quiz
9 videos
3.2.1a. The Key Principles of Water Sharing: the Principle of Equitable and Reasonable Utilization and the Obligation Not to Cause Significant Harm - Dr Mara Tignino, Platform for International Water Law/Geneva Water Hub, University of Geneva8m
3.2.1. The Relationship Between the Principle of Equitable and Reasonable Utilization and the Obligation Not to Cause Significant Harm - Interview with Professor Lucius Caflisch, Honorary Professor at the Graduate Institute of International and Development Studies and Former Member of the UN International Law Commission7m
3.2.2. Cooperation Between Riparian States and the Notion of the Community of Interests and Rights - Professor Laurence Boisson de Chazournes, Faculty of Law, University of Geneva6m
3.2.3. The Forms of Cooperation - Dr Mara Tignino, Platform for International Water Law/Geneva Water Hub, University of Geneva9m
3.2.4. Case Study: The Experience of the Senegal River Basin Development Organization (OMVS) on the Sharing of Transboundary Water Resources - Professor Makane Moïse Mbengue, Faculty of Law, Institute for Environmental Sciences, University of Geneva8m
3.3.1. Aims and Modalities of the Obligation on Notification on Planned Measures - Professor Laurence Boisson de Chazournes, Faculty of Law, University of Geneva8m
3.3.2. Triggering and Conduct of the Procedures on Consultations and Negotiations in the Case of Planned Measures - Dr Komlan Sangbana, Platform for International Water Law/Geneva Water Hub, University of Geneva8m
3.4. Conclusion - Dr Komlan Sangbana, Platform for International Water Law/Geneva Water Hub, University of Geneva2m
1 practice exercises
Quiz of module 320m
4
Section
The Principles of the Law on Transboundary Water Resources II
This module highlights how other bodies of norms such as international environmental law, human rights and the law of climate change have contributed to the protection of transboundary freshwaters. The module presents the main international conventions that deal with the environment and details the principles that apply to the management of shared water resources (such as prevention, precaution and the obligation to conduct an environmental impact study). We will examine new legal instruments that take into account these aspects of international freshwater law via the water charters (such as for the Senegal River, the Niger River Basin, the Lake Chad Basin). The module will be concluded by a quiz worth 25% of the final mark. You must have at least 80% of the answers correct to pass the module.
8 videos (Total 50 min), 1 quiz
8 videos
4.2.1. The Contribution of the Multilateral Environmental Agreements (MEAs) to the Protection and Management of Water Resources - Professor Laurence Boisson de Chazournes, Faculty of Law, University of Geneva6m
4.2.2. The Fight against the Pollution of Water Resources - Dr Komlan Sangbana, Platform for International Water Law/Geneva Water Hub, University of Geneva8m
4.2.3. Water and Climate Change - Dr Mara Tignino, Platform for International Water Law/Geneva Water Hub, University of Geneva8m
4.2.4. The Water Charters in Africa: An Innovative Instrument for the Protection of the Aquatic Environment - Professor Makane Moïse Mbengue, Faculty of Law, Institute for Environmental Sciences, University of Geneva6m
Lecture 4.3.1 The Right to Water and Public Participation - Dr Mara Tignino, Platform for International Water Law/Geneva Water Hub, University of Geneva9m
4.3.2. Case Study: Public Participation in the Context of the International Joint Commission (Canada/United States) - Dr Komlan Sangbana, Platform for International Water Law/Geneva Water Hub, University of Geneva7m
4.4. Conclusion - Dr Mara Tignino, Platform for International Water Law/Geneva Water Hub, University of Geneva1m
1 practice exercises
Quiz of Module 420m
5
Section
Module 5: Prevention and Resolution of Water-Related Disputes
This module presents the diplomatic and judicial mechanisms that exist for resolving water-related disputes. The essential role of basin organizations and commissions in the prevention and resolution of conflicts over water is also addressed. Finally, we examine the details of the decisions of international tribunals and courts about shared water resources and we assess their contribution to the development of international freshwater law. The module will be concluded by a quiz worth 20% of the final mark. You must have at least 80% of the answers correct to pass the module.
7 videos (Total 51 min), 1 quiz
7 videos
5.2.1. The Variety of Diplomatic Means to Settle Water Disputes - Professor Laurence Boisson de Chazournes, Faculty of Law, University of Geneva8m
5.2.2. The Judicial Means to Settle Water Disputes - Professor Laurence Boisson de Chazournes, Faculty of Law, University of Geneva7m
5.3.1. The Settlement of Disputes in the Context of the United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses of 1997 - Interview with Professor Lucius Caflisch, Honorary Professor at the Graduate Institute of International and Development Studies and Former Member of the UN International Law Commission8m
5.3.2. The Contribution of Joint Mechanisms to the Settlement of Water Disputes - Professor Laurence Boisson de Chazournes, Faculty of Law, University of Geneva8m
5.3.3. The Settlement of Water Disputes: Practical Aspects - Professor Makane Moïse Mbengue, Faculty of Law, Institute for Environmental Sciences, University of Geneva12m
5.4. Conclusion - Dr Mara Tignino and Dr Komlan Sangbana, Platform for International Water Law/Geneva Water Hub, University of Geneva2m
1 practice exercises
Quiz of module 520m
4.8
Top Reviews
By VM•Apr 1st 2018
Excellent MOOC allowing a non-specialist to put one foot in international water law. It is growing the appetite for more course about the "water topic" which is becoming of great concern.
By JJ•Mar 19th 2018
This course really helps for all the legal field person specially for those who wish to build their career in ENVIRONMENTAL LAW not only at domestic but at also international level.
Instructors
Laurence Boisson de Chazournes
Professor
Makane Moïse Mbengue
Professor
Mara Tignino
Reader
Komlan Sangbana
Associate ResearcherAbout University of Geneva
Founded in 1559, the University of Geneva (UNIGE) is one of Europe's leading universities. Devoted to research, education and dialogue, the UNIGE shares the international calling of its host city, Geneva, a centre of international and multicultural activities with a venerable cosmopolitan tradition.
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