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Attila Tanzi

The chapter deals with the diplomatic and legal means available to address transboundary water disputes. The contribution provides a brief comparative overview of the dispute settlement provisions of the 1992 UNECE Water Convention and of the 1997 UN Watercourses Convention. It is emphasized how, under the former instrument, the general obligation to cooperate is to be implemented through joint bodies, whose effectiveness is buttressed by the institutional setting of the MoP and its subsidiary organs. Within this context, the study addresses the implementation review mechanism which has been recently established under the same Convention, highlighting its potentials for the purposes of dispute prevention and settlement. The contribution concludes stressing the constructive interactions between negotiation and adjudication having special regard to the significant ‘distributive justice’ component of international water law.

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Attila Tanzi

This chapter analyses the similarities between the 1992 UNECE Water Convention and the 1997 UN Watercourses Convention. By referring to the principle of harmonization and the general aim of systemic coherence of international law, the contribution argues the complementarity between the two normative instruments. It tackles both the substantive water law principles, namely the no harm rule and the equitable and reasonable utilization principle, and the procedural principle of cooperation as a catalyst giving effect to the substantive rules and principles in point. To that end, institutional cooperation and exchange of data and information are given special emphasis. The contribution addresses the substantive and procedural legal principles in point in relation to dispute prevention and settlement, also in light of recent case law. It concludes showing that a harmonized, constructive and mutually reinforcing interpretation of the two treaty regimes fully conforms to the rationale of both conventions.

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Gian Maria Farnelli and Attila Tanzi

Abstract Marine pollution by dumping has concerned the international community since the early days of international environmental law, to the extent of significantly accelerating its development. Even though the first response to such concerns has been a regional one, the need soon emerged for a global and cooperative action. Accordingly, at the end of 1972, the International Maritime Organization convened a diplomatic conference which led to the adoption in the same year of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, later superseded by the 1996 Protocol thereto, the analysis of which this chapter is devoted to.
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Malgosia Fitzmaurice, Attila Tanzi and Angeliki Papantoniou

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Edited by Malgosia Fitzmaurice, Attila Tanzi and Angeliki Papantoniou

The Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. The Encyclopedia is organised into 12 volumes around top-level subjects – such as water, energy and climate change – that reflect some of the most pressing issues facing us today. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers.