The Community of Interest Approach in International Water Law

Julie Gjørtz Howden, Ph.D. (2019), University of Bergen, is a senior adviser in water law at the Norwegian Ministry of Climate and Environment. She has published a number of articles on international water law and the common management of transboundary watercourses.

Acknowledgements

List of Treaties

List of Case Law



1 Introduction

 1 Water as a Common Good

 2 The Complexity of Managing International Watercourses

 3 International Law in the Face of Watercourse Complexities

 4 Structure



2 Where to Find the COIA in International Water Law

 1 Introduction

 2 Basic Theories of International Water Law

 3 Main Principles of International Water Law

 4 The Two Global Water Conventions

 5 Grasping the Outlines of the COIA

 6 Lessons from Common Management Regimes



3 A Management Approach Based on Interests

 1 Introduction

 2 Interests vs. Rights

 3 Community Interests and Rights and Obligations erga omnes

 4 Typology of Interests in the COIA

 5 Does the Watercourse Have Interests?

 6 Hydrosolidarity

 7 Solidarity as a Driving Force in the COIA



4 The Scope of the COIA

 1 Introduction

 2 ‘Drainage Basin’ and Related Terms

 3 ‘River System’

 4 ‘Watercourse’

 5 The Object to Be Managed in the COIA



5 Sovereignty as a Responsibility to Cooperate

 1 Introduction

 2 Does the COIA Imply ‘Joint Ownership’ of the Watercourse?

 3 Approaches to State Sovereignty

 4 Sovereignty and Cooperation

 5 Functional Sovereignty through Collective Action



6 The Composition of the COI

 1 Introduction

 2 The Community

 3 Participants in the COI

 4 Participation in Water Management Regimes



7 Procedural Rules and the Creation of a COI Institution

 1 Introduction

 2 Procedural Obligations under International Water Law and Their Relevance for the COIA

 3 The RBO in International Water Law

 4 The Anatomy of the COI Institution



8 The COI Institution’s Key Functions

 1 Introduction

 2 Monitoring and Information Exchange

 3 Prior Notification and EIA

 4 Decision-making

 5 Dispute Settlement



9 Concluding Summary

 1 What Is the COIA?

 2 What Are the COIA’s Normative Elements?

 3 What Is the COIA’s Contribution to International Water Law?

Bibliography

Index