THE INTERNATIONAL-LAW ASSOCIATIONS CONTRIBUTION TO INTERNATIONAL WATER-RESOURCES LAW

Authors
Citation
Cb. Bourne, THE INTERNATIONAL-LAW ASSOCIATIONS CONTRIBUTION TO INTERNATIONAL WATER-RESOURCES LAW, Natural resources journal, 36(2), 1996, pp. 155-216
Citations number
36
Categorie Soggetti
Law,"Environmental Studies
Journal title
ISSN journal
00280739
Volume
36
Issue
2
Year of publication
1996
Part
1
Pages
155 - 216
Database
ISI
SICI code
0028-0739(1996)36:2<155:TIACTI>2.0.ZU;2-5
Abstract
In the early 1950s, there were several serious international river dis putes, in particular those over the Indus, the Jordan, the Nile, and t he Columbia rivers. At that time, however, there were no accepted rule s of international law applicable to these disputes. This state of aff airs led the International Law Association (ILA) to embark in 1954 on a study of the legal aspects of the use of the wafers of international drainage basins, a study that continues to this day. Three committees of the ILA have been engaged in this work. The first, from 1954 to 19 66, produced the 1966 Helsinki Rules, a code expressing the ILA's view of the law on the subject. The second committee, from 1966 to 1986, f ormulated a number of articles amplifying particular aspects of the He lsinki Rules. And the third committee, established in 1990, continues this work of amplification. By 1966, in the Helsinki Rules, the ILA ha d identified the basic rule of international water resources law-the p rinciple of equitable utilization. In the intervening years, the ILA h as based its work on the proposition that this principle is the fundam ental law on the subject, the more detailed rules subsequently adopted by it being merely more precise expressions of the principle and subj ect to it. The principle, requiring the reasonable and equitable shari ng of the benefits of the waters of an international drainage basin, i s seen as the one best suited for achieving the rational management of these waters. This article serves as a complete history of the work o f the ILA on international water resources law.