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Rights to their traditional lands and resources are essential to the survival of indigenous peoples. They have been formulated and advanced in the most progressive way by the Inter-American system of human rights protection.

In this book, Mariana Monteiro de Matos analyzes, in detailed and comprehensive inquiry, the pertinent jurisprudence of the Inter-American Commission and Court of Human Rights. She identifies three distinct waves of decision regarding the objects of ownership or possession, the rights associated, and the holders of the rights. Originally, the book also offers a profound analysis of corollary procedural law.
Contribution to Pollution Prevention of Transboundary Water Resources
Author: Komlan Sangbana
A Legal Framework for the Common Management of International Watercourses
The Gabčíkovo-Nagymaros Judgment is among the most influential pronouncements of the International Court of Justice. While the Court took an unusual approach to settling this dispute, it also adopted important stances on a number of complex issues of sustainable development and delicate problems of ‘general’ international law. It significantly contributed to the elucidation and consolidation of many rules pertaining to the law of treaties, the law of international responsibility, and their mutual relationship. The Gabčíkovo-Nagymaros Judgment and its Contribution to the Development of International Law offers a comprehensive analysis of both the management of this case and the substantive legal issues at stake. It also reappraises the Court’s findings in light of subsequent developments in the international legal order, focusing on the role of the ‘World Court’ in fostering such developments.

Abstract

Jean d’Aspremont analyses how the Gabčíkovo-Nagymaros Judgment used the International Law Commission’s (ilc) work on international responsibility – and, in turn, the Judgment’s impact on the Articles on Responsibility of States for Internationally Wrongful Acts (arsiwa) – in order to discuss the ‘symbiotic relationship’ between the icj and the ilc in the construction of general rules of international law.

In: The Gabčíkovo-Nagymaros Judgment and Its Contribution to the Development of International Law
In: The Gabčíkovo-Nagymaros Judgment and Its Contribution to the Development of International Law

Abstract

Pierre Bodeau-Livinec analyses the treatment of circumstances precluding wrongfulness in Gabčíkovo-Nagymaros; the focus is notably on necessity and countermeasures, and the author provides accurate insight on the ‘constructive dialogue’ between the icj and the ilc in this specific context.

In: The Gabčíkovo-Nagymaros Judgment and Its Contribution to the Development of International Law
Author: Attila Tanzi

Abstract

In the book’s concluding chapter, Attila Tanzi reflects on the combination of the Court’s overall ‘preservative rationale’ with its ‘restorative-distributive justice’ approach to issues of reparation, while at the same time offering insightful comments on the preceding chapters.

In: The Gabčíkovo-Nagymaros Judgment and Its Contribution to the Development of International Law