International Environmental Law and the Management of International Watercourses: The Amazon Basin

Abstract

Despite the apparent abundance of water in our planet (estimated at 1.4 billion cubic kilometers), the reserves of freshwater actually available for human consumption are limited to a small quantity of 0.768%, which includes both surface and underground waters.

This dissertation adopts the Amazon Basin as a paradigm, considering that it is the largest basin on the planet, with a drainage area of approximately 6.869.000 km2, spreading over 7 (seven) different countries and being responsible for about 15% of the total discharge of all rivers combined.

Based on the premise that water is a fundamental component of life and a very sensitive issue for sovereign states, this dissertation explores the growing need for a consistent and effective body of substantive and procedural rules dealing with the allocation and sustainable use of international watercourse systems.

In a context of shared water resources, environmental impacts do not recognize boundaries. It is a matter that concerns the entire international community, establishing a deep and irreversible connection between environmental protection and the Law of Nations. For this reason, the legal framework for the management of international watercourses is analyzed under two different perspectives: the doctrine of sources of international law and the classical doctrines on the allocation of international waters.

This is the keynote of this study: the role played by the international legal regime in the management and allocation of international watercourses vis a vi the domestic legal system of riparian States. Considering that Brazil is accountable for 69.1 % of the entire drainage area of the Amazon Basin, a special attention is given to the applicability of international law in the Brazilian legal system.

Subject Area

Law

Degree Date

2013

Document Type

Dissertation

Degree Name

S.J.D.

Department

Dedman School of Law

Advisor

Jeffrey M. Gaba

Second Advisor

Ndiva Kofele-Kale

Third Advisor

Antonio H. Benjamin

Number of Pages

215

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