Christina Leb | Université de Genève (original) (raw)

Papers by Christina Leb

Environmental Policy and Law, 2011

Chair: Laurence Boisson de Chazournes, Professor, Faculty of Law, University of Geneva; Director,... more Chair: Laurence Boisson de Chazournes, Professor, Faculty of Law, University of Geneva; Director, Platform for International Water Law and Stephen McCaffrey, Professor, McGeorge School of Law, University of the Pacific; Former Special Rapporteur on the law of the non-navigational uses of international watercourses, International Law Commission Actuality in groundwater law: The Genevois aquifer – Gabriel de los Cobos, Department of Security, Police and Environment, Canton of Geneva The Guarani aquifer – Lilian del Castillo-Laborde, Professor, School of Law, University of Buenos Aires

Research Handbook on International Water Law, 2019

This report builds on prior work to provide a new, comprehensive, and balanced view of water secu... more This report builds on prior work to provide a new, comprehensive, and balanced view of water security in Pakistan, stressing the importance of the diverse social, environmental, and economic outcomes from water. The report highlights the complex water issues that Pakistan must tackle to improve water security and sheds new light on conventional assumptions around water. It seeks to elevate water security as an issue critical for national development. The report assesses current water security and identifies important water-related challenges that may hinder progress in economic and human development. It identifies unmitigated water-related risks, as well as opportunities where water can contribute to economic growth and poverty reduction. The report analyzes how the performance and architecture of the water sector are related to broader economic, social, and environmental outcomes. It models alternative economic trajectories to identify where intervention can lead to a more water-secure future. A consideration of water sector architecture and performance and how these determine outcome leads to recommendations for improving aspects of sector performance and adjusting sector architecture for better outcomes. The sector performance analysis considers (a) management of the water resource, (b) delivery of water services, and (c) mitigation of water-related risks. The description of sector architecture considers water governance, infrastructure, and financing.

Cooperation in the Law of Transboundary Water Resources, 2013

The Research Handbook on International Water Law surveys the field of the law of shared freshwate... more The Research Handbook on International Water Law surveys the field of the law of shared freshwater resources. In some 30 chapters, it covers subjects ranging from the general principles operative in the field and international groundwater law to the human right to water and whether international water law is prepared to cope with climate disruption. The authors are internationally recognized experts in the field, most with years of experience.https://scholarlycommons.pacific.edu/facultybooks/1063/thumbnail.jp

Research Handbook on International Water Law, 2019

Water is an essential and unevenly distributed resource. Although the amount of water on earth ha... more Water is an essential and unevenly distributed resource. Although the amount of water on earth has not changed significantly in billions of years, pressures exerted on this essential resource have increased exponentially. With the rapid expansion of the global population and the increasing demands of industry and agriculture, the global competition for water has increased as has its relative scarcity per capita. There are more than 270 international watercourses in the world, with more than 2.8 billion people (roughly 41 per cent of the world’s population) living within transboundary river basins that cover more than 40 per cent of the earth’s total land area.1 The number of transboundary aquifers that have been mapped so far and the people living in the respective recharge areas is even higher. Regional tensions over shared watercourses are likely to increase as the global per-capita share of water decreases, leading countries toward either greater cooperation or greater conflict. ...

BOISSON DE CHAZOURNES, Laurence, TIGNINO, Mara, LEB, Christina. The UNECE Water Convention and Mu... more BOISSON DE CHAZOURNES, Laurence, TIGNINO, Mara, LEB, Christina. The UNECE Water Convention and Multilateral Environmental Agreements. In: Tanzi, A., McIntyre, O., Kolliopoulos, A., Rieu-Clarke, A., and Kinna, R. The UNECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes Its Contribution to International Water Cooperation. Leiden, NL : Brill / Nijhoff, 2015. p. 60-72

Contents: Foreword 1. Introduction Laurence Boisson de Chazournes, Christina Leb and Mara Tignino... more Contents: Foreword 1. Introduction Laurence Boisson de Chazournes, Christina Leb and Mara Tignino 2. The Law of International Watercourses: Achievements and Challenges Lucius Caflisch PART I: WATER AS A VITAL RESOURCE FOR STATES AND INDIVIDUALS 3. Water Security, Perceptions and Politics: The Context for International Watercourse Negotiations David Grey and Dustin Garrick 4. Water and Sanitation: A Human Rights Perspective Catarina de Albuquerque 5. Water Rights of Indigenous Peoples and Local Communities Dinah Shelton 6. Do People Have Rights in Boundaries' Delimitations? Marcelo Gustavo Kohen and Mara Tignino PART II: THE PROMOTION OF WATER COOPERATION THROUGH UNIVERSAL, REGIONAL AND LOCAL REGIMES 7. The Codification of Universal Norms: A Means to Promote Cooperation and Equity? Stephen C. McCaffrey 8. A Scalable Approach Towards Realizing Tangible Benefits in Transboundary River Basins and Regions Jakob Granit and Marius Claassen 9. Regional Contributions to International Wat...

<jats:title>Abstract</jats:title><jats:p>Cross-border data and information exch... more <jats:title>Abstract</jats:title><jats:p>Cross-border data and information exchange is one of the most challenging issues for transboundary water management. While the regular exchange of data and information has been identified as one of the general principles of international water law, only a minority of treaties include direct obligations related to mutual data exchange. Technological innovations related to real-time data availability, space technology and earth observation have led to an increase in quality and availability of hydrological, meteorological and geo-spatial data. These innovations open new avenues for access to water related data and transform data and information exchange globally. This monograph is an exploratory assessment of the potential impacts of these disruptive technologies on data and information exchange obligations in international water law.</jats:p>

The World Bank does not guarantee the accuracy of the data included in this work. The boundaries,... more The World Bank does not guarantee the accuracy of the data included in this work. The boundaries, colors, denominations, and other information shown on any map in this work do not imply any judgment on the part of the World Bank concerning the legal status of any territory or the endorsement or acceptance of such boundaries. Rights and Permissions The material in this work is subject to copyright. Because the World Bank encourages dissemination of its knowledge, this work may be reproduced, in whole or in part, for non-commercial purposes as long as full attribution to this work is given.

Water International, 2014

Analyzing the dynamics of international cooperation, this article describes the role of internati... more Analyzing the dynamics of international cooperation, this article describes the role of international law in the process. It illustrates that international law is a tool to achieve mutually beneficial relations and can be a driver for cooperation. Describing how these dynamics apply to the context of cooperation on transboundary rivers, the article traces the emergence of the general duty to cooperate in international water law as a legal response to the interdependence and coordination requirements in the management and development of shared water resources.

International Law and Freshwater, 2013

SSRN Electronic Journal, 2012

Deadly disputes over access to boreholes and wells are not uncommon in drought stricken or water ... more Deadly disputes over access to boreholes and wells are not uncommon in drought stricken or water scarce regions. Where livelihoods are at stake, human despair can become a cause of violent conflict. The case of Darfur has demonstrated that conflicts that emanate from situations of severe shortages of water do not always remain within local or national boundaries, but can spread across borders. This paper analyzes the contribution of international water law (IWL) to the prevention of conflicts caused at least in part by water scarcity. In line with the topic of the conference, the focus is on recent developments in international groundwater law; particular attention is accorded to recent improvements of legal mechanisms promoting conflict prevention that have been introduced by the 2008 Draft Articles on the Law of Transboundary Aquifers. Where water scarcity constitutes a potential cause for interstate conflict, the principle of equitable and reasonable utilization of transboundary water resources and associated cooperation obligations can serve as useful means to anticipate conflicts. The 2008 Draft Articles have developed the traditional conception of this principle a step further and have recast it into an increasingly forward-looking principle by putting additional emphasis on future uses and intergenerational equity. The paper argues that these small alterations as well as the special weight the Draft Articles accord to vital human water needs in determining equitable and reasonable utilization mark an important contribution to the preventive qualities of IWL. In contrast to the 1997 UN Watercourses Convention, the provisions of the Draft Articles establish legal mechanisms by which the emergence of situations that could lead to conflict is already considered before disputes between users occur. It is argued that such techniques of shaping normative content should be kept in mind in order to anticipate future conflicts when negotiating new groundwater agreements.

Environmental Policy and Law, 2011

Chair: Laurence Boisson de Chazournes, Professor, Faculty of Law, University of Geneva; Director,... more Chair: Laurence Boisson de Chazournes, Professor, Faculty of Law, University of Geneva; Director, Platform for International Water Law and Stephen McCaffrey, Professor, McGeorge School of Law, University of the Pacific; Former Special Rapporteur on the law of the non-navigational uses of international watercourses, International Law Commission Actuality in groundwater law: The Genevois aquifer – Gabriel de los Cobos, Department of Security, Police and Environment, Canton of Geneva The Guarani aquifer – Lilian del Castillo-Laborde, Professor, School of Law, University of Buenos Aires

Research Handbook on International Water Law, 2019

This report builds on prior work to provide a new, comprehensive, and balanced view of water secu... more This report builds on prior work to provide a new, comprehensive, and balanced view of water security in Pakistan, stressing the importance of the diverse social, environmental, and economic outcomes from water. The report highlights the complex water issues that Pakistan must tackle to improve water security and sheds new light on conventional assumptions around water. It seeks to elevate water security as an issue critical for national development. The report assesses current water security and identifies important water-related challenges that may hinder progress in economic and human development. It identifies unmitigated water-related risks, as well as opportunities where water can contribute to economic growth and poverty reduction. The report analyzes how the performance and architecture of the water sector are related to broader economic, social, and environmental outcomes. It models alternative economic trajectories to identify where intervention can lead to a more water-secure future. A consideration of water sector architecture and performance and how these determine outcome leads to recommendations for improving aspects of sector performance and adjusting sector architecture for better outcomes. The sector performance analysis considers (a) management of the water resource, (b) delivery of water services, and (c) mitigation of water-related risks. The description of sector architecture considers water governance, infrastructure, and financing.

Cooperation in the Law of Transboundary Water Resources, 2013

The Research Handbook on International Water Law surveys the field of the law of shared freshwate... more The Research Handbook on International Water Law surveys the field of the law of shared freshwater resources. In some 30 chapters, it covers subjects ranging from the general principles operative in the field and international groundwater law to the human right to water and whether international water law is prepared to cope with climate disruption. The authors are internationally recognized experts in the field, most with years of experience.https://scholarlycommons.pacific.edu/facultybooks/1063/thumbnail.jp

Research Handbook on International Water Law, 2019

Water is an essential and unevenly distributed resource. Although the amount of water on earth ha... more Water is an essential and unevenly distributed resource. Although the amount of water on earth has not changed significantly in billions of years, pressures exerted on this essential resource have increased exponentially. With the rapid expansion of the global population and the increasing demands of industry and agriculture, the global competition for water has increased as has its relative scarcity per capita. There are more than 270 international watercourses in the world, with more than 2.8 billion people (roughly 41 per cent of the world’s population) living within transboundary river basins that cover more than 40 per cent of the earth’s total land area.1 The number of transboundary aquifers that have been mapped so far and the people living in the respective recharge areas is even higher. Regional tensions over shared watercourses are likely to increase as the global per-capita share of water decreases, leading countries toward either greater cooperation or greater conflict. ...

BOISSON DE CHAZOURNES, Laurence, TIGNINO, Mara, LEB, Christina. The UNECE Water Convention and Mu... more BOISSON DE CHAZOURNES, Laurence, TIGNINO, Mara, LEB, Christina. The UNECE Water Convention and Multilateral Environmental Agreements. In: Tanzi, A., McIntyre, O., Kolliopoulos, A., Rieu-Clarke, A., and Kinna, R. The UNECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes Its Contribution to International Water Cooperation. Leiden, NL : Brill / Nijhoff, 2015. p. 60-72

Contents: Foreword 1. Introduction Laurence Boisson de Chazournes, Christina Leb and Mara Tignino... more Contents: Foreword 1. Introduction Laurence Boisson de Chazournes, Christina Leb and Mara Tignino 2. The Law of International Watercourses: Achievements and Challenges Lucius Caflisch PART I: WATER AS A VITAL RESOURCE FOR STATES AND INDIVIDUALS 3. Water Security, Perceptions and Politics: The Context for International Watercourse Negotiations David Grey and Dustin Garrick 4. Water and Sanitation: A Human Rights Perspective Catarina de Albuquerque 5. Water Rights of Indigenous Peoples and Local Communities Dinah Shelton 6. Do People Have Rights in Boundaries' Delimitations? Marcelo Gustavo Kohen and Mara Tignino PART II: THE PROMOTION OF WATER COOPERATION THROUGH UNIVERSAL, REGIONAL AND LOCAL REGIMES 7. The Codification of Universal Norms: A Means to Promote Cooperation and Equity? Stephen C. McCaffrey 8. A Scalable Approach Towards Realizing Tangible Benefits in Transboundary River Basins and Regions Jakob Granit and Marius Claassen 9. Regional Contributions to International Wat...

<jats:title>Abstract</jats:title><jats:p>Cross-border data and information exch... more <jats:title>Abstract</jats:title><jats:p>Cross-border data and information exchange is one of the most challenging issues for transboundary water management. While the regular exchange of data and information has been identified as one of the general principles of international water law, only a minority of treaties include direct obligations related to mutual data exchange. Technological innovations related to real-time data availability, space technology and earth observation have led to an increase in quality and availability of hydrological, meteorological and geo-spatial data. These innovations open new avenues for access to water related data and transform data and information exchange globally. This monograph is an exploratory assessment of the potential impacts of these disruptive technologies on data and information exchange obligations in international water law.</jats:p>

The World Bank does not guarantee the accuracy of the data included in this work. The boundaries,... more The World Bank does not guarantee the accuracy of the data included in this work. The boundaries, colors, denominations, and other information shown on any map in this work do not imply any judgment on the part of the World Bank concerning the legal status of any territory or the endorsement or acceptance of such boundaries. Rights and Permissions The material in this work is subject to copyright. Because the World Bank encourages dissemination of its knowledge, this work may be reproduced, in whole or in part, for non-commercial purposes as long as full attribution to this work is given.

Water International, 2014

Analyzing the dynamics of international cooperation, this article describes the role of internati... more Analyzing the dynamics of international cooperation, this article describes the role of international law in the process. It illustrates that international law is a tool to achieve mutually beneficial relations and can be a driver for cooperation. Describing how these dynamics apply to the context of cooperation on transboundary rivers, the article traces the emergence of the general duty to cooperate in international water law as a legal response to the interdependence and coordination requirements in the management and development of shared water resources.

International Law and Freshwater, 2013

SSRN Electronic Journal, 2012

Deadly disputes over access to boreholes and wells are not uncommon in drought stricken or water ... more Deadly disputes over access to boreholes and wells are not uncommon in drought stricken or water scarce regions. Where livelihoods are at stake, human despair can become a cause of violent conflict. The case of Darfur has demonstrated that conflicts that emanate from situations of severe shortages of water do not always remain within local or national boundaries, but can spread across borders. This paper analyzes the contribution of international water law (IWL) to the prevention of conflicts caused at least in part by water scarcity. In line with the topic of the conference, the focus is on recent developments in international groundwater law; particular attention is accorded to recent improvements of legal mechanisms promoting conflict prevention that have been introduced by the 2008 Draft Articles on the Law of Transboundary Aquifers. Where water scarcity constitutes a potential cause for interstate conflict, the principle of equitable and reasonable utilization of transboundary water resources and associated cooperation obligations can serve as useful means to anticipate conflicts. The 2008 Draft Articles have developed the traditional conception of this principle a step further and have recast it into an increasingly forward-looking principle by putting additional emphasis on future uses and intergenerational equity. The paper argues that these small alterations as well as the special weight the Draft Articles accord to vital human water needs in determining equitable and reasonable utilization mark an important contribution to the preventive qualities of IWL. In contrast to the 1997 UN Watercourses Convention, the provisions of the Draft Articles establish legal mechanisms by which the emergence of situations that could lead to conflict is already considered before disputes between users occur. It is argued that such techniques of shaping normative content should be kept in mind in order to anticipate future conflicts when negotiating new groundwater agreements.