Governance of Offshore Freshwater Resources


In Governance of Offshore Freshwater Resources Renée Martin-Nagle presents the scientific proof for vast quantities of freshwater in the seabeds, explains the socio-economic factors that will lead to development of the resource, and examines the international law principles and regimes that would guide policymakers in designing a governance system for offshore freshwater. Pursuant to the law of the sea, coastal states have sovereign rights to seabed resources within their exclusive economic zones. Offshore hydrocarbon development has produced customary practices for cooperation that were inspired by international water law and that could serve as a template for governing transboundary offshore freshwater. Given the vital nature of freshwater, equitable distribution of this new resource and its benefits should be considered.

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Renée Martin-Nagle, Ph.D. (2019), is Visiting Scholar at the Environmental Law Institute and CEO of A Ripple Effect LLC. Her publications on offshore freshwater include the monograph “Transboundary Offshore Aquifers: A Search for a Legal Regime”.
"This comprehensive, well-written book by a world-class expert explores possible solutions to the inevitable shortage of land-based freshwater reserves, namely offshore aquifers and offshore methane hydrates....Although this book may be an excellent resource for scholars and researchers, the assumed intention is for this careful analysis to be of guidance to policy-makers and practitioners towards creating new and meaningful governance structures. The extensive use of valuable case studies throughout history gives great models to adapt for future discussions. Martin-Nagle has given humanity the potential solution to one of the greatest problems worldwide— water scarcity." -Richard K. Paisley and Maya Motyka, Ocean Yeabook 36, Brill | Nijhoff, 2022
Series Editor's Preface

 1 Purpose of Book
 2 Setting the Scene
   2.1 Current and Projected Demand for Freshwater
   2.2 Offshore Aquifers
   2.3 Methane Hydrates
   2.4 Economic Considerations
   2.5 Shoreline Regime Change
 3 Structure

2Legal Principles Governing Seabed Natural Resources
 1 The Law of the Sea
   1.1 Maritime Zones under National Jurisdiction
   1.2 Benefit-sharing in the Outer Continental Shelf
   1.3 CHM in the ABNJ
   1.4 Transboundary Resources
 2 Protection of the Marine Environment
   2.1 Judicial Action Supporting Environmental Protection
   2.2 The Stockholm & Rio Declarations, Agenda 21 and the SDG s
   2.3 losc and the Marine Environment
   2.4 Regional Seas Programme
   2.5 Convention on Biological Diversity
 3 Conclusion

3Legal Principles Governing Land-based Freshwater Resources
 1 Genesis of Limitations on Sovereignty Over Freshwater
   1.1 Pre-WWII Development of the Law of Non-navigational Uses
   1.2 Lake Lanoux and International Obligations
   1.3 The IIL Salzburg Declaration and the ILA Helsinki Rules
 2 Early UN Efforts
   2.1 The 1977 UN Water Conference in Mar del Plata
   2.2 Shared Natural Resources and the UNEP Draft Principles
   2.3 UNILC – from Shared Natural Resource to Equitable Utilization
 3 Equitable Utilization vs. No Significant Harm: the UN Watercourses Convention and the UNECE Water Convention
   3.1 The UN Watercourses Convention and Equitable Utilization
   3.2 The UNECE Water Convention and No Significant Harm
   3.3 Judicial Balancing
 4 Transboundary Aquifers: Shared Natural Resources or Sovereign Property?
   4.1 Scholarly Contributions
   4.2 The UNILC and the Draft Articles on the Law of Transboundary Aquifers
   4.3 UNECE Guidance on Groundwater Governance
   4.4 Treaties on Transboundary Aquifers
 5 Conclusion

4Legal Principles Governing Offshore Hydrocarbon Development
 1 Governance Structures for Hydrocarbon Development
   1.1 Early Efforts
   1.2 Unitization Agreements
   1.3 Joint Development Agreements and the Framework Agreement
 2 Judicial Guidance on Offshore Hydrocarbon Development
   2.1 North Sea Continental Shelf Cases
   2.2 Tunisia/Libyan Arab Jamahiriya and Libyan Arab Jamahiriya/Malta
   2.3 Arbitral Awards
 3 Treaties Addressing Offshore Natural Resources and Minerals
   3.1 Netherlands, Germany and the Ems Estuary
   3.2 Saudi Arabia, Iran and the Persian Gulf
   3.3 France, Spain and the Bay of Biscay
   3.4 Saudi Arabia, Sudan and the Red Sea
   3.5 Japan, South Korea and the East China Sea
   3.6 Malaysia, Thailand and the Gulf of Thailand
   3.7 Colombia, Jamaica and the Caribbean Sea
   3.8 Senegal, Guinea-Bissau and Cape Roxo in the North Atlantic Ocean
   3.9 Oman, Pakistan and the Arabian Sea
   3.10 Nigeria, São Tomé and Príncipe and the Gulf of Guinea
   3.11 Barbados, Guyana and the Caribbean Sea
   3.12 Oman, Yemen and the Arabian Sea
   3.13 Seychelles, Mauritius and the Indian Ocean
 4 Environmental Impact of Offshore Hydrocarbon Development
 5 Conclusion

5Governance of Offshore Freshwater and Emerging Trends
 1 Governance of Offshore Freshwater under Current Principles
   1.1 Governance of Domestic Resources
   1.2 Governance of Transboundary Resources
   1.3 Some Scenarios
 2 Emerging trends
   2.1 Right to Water
   2.2 Benefit-sharing
   2.3 Freshwater as a Global Commons
   2.4 Post-sovereign Governance of Freshwater
 3 Conclusion

 Primary Sources
 Cases and Arbitral Decisions
 Resolutions, Declarations and Documents of International Organizations
 Resolutions, Declarations and Documents of the United Nations
 Secondary Sources
 Books and Reports
 Journal Articles
 Chapters in Edited Books
 Edited Books
 Newspaper Articles
 Online Journals

Anyone interested in development of seabed resources. Anyone concerned about the looming water crises. Lawyers and policymakers wanting to craft a new legal regime by comparing existing governance regimes.
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