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We live in a kaleidoscopic world in the new Anthropocene Epoch. This calls for a more inclusive public international law that accepts diverse actors in addition to States and other sources of law, including individualized voluntary commitments. Norms are critical to the stability and legitimacy of this international system. They underlie responses to rapid change, to new technological developments and to problems of protecting commons, promoting public goods, and providing social and economic justice. Certain fundamental norms can be identified ; others are emerging. The norm of mutual accountability underpins the implementation of other norms. Norms are especially relevant to frontier doit-yourself technologies, such as synthetic biology, digital currencies, cyber activity, and climate interventions, as addressed in the book. Reconceiving public international law lessens the sharp divide between public and private law and between domestic and international law.
Professor Weiss combines thorough research and careful analysis with imaginative solutions and a moral fervor. She shows how rules of international law can be applied in an intertemporal dimension, and how the basic principles of the intergenerational equity can be developed to provide new standards for human behavior. She manages to communicate to the reader not only that the situation is getting desperate but also that human intelligence can in time devise adequate remedies, without destroying completely our way of life.


Louis B. Sohn

Woodruff Professor of International Law

Published under the Transnational Publishers imprint.

Abstract

The COVID-19 crisis illustrates the workings of a kaleidoscopic world, in which patterns rapidly change, many actors beyond States are critical, flexible instruments are imperative, and scientific knowledge is evolving. The kaleidoscopic world sharply contrasts with the traditional view of an international system dominated by States in a rather static order in which States negotiate and implement binding agreements. Controlling the virus is a public goods problem that shows the need for rapid and flexible responses by governments and others and collective actions at the local, regional, and global levels. At the same time, it is a private goods problem, as in development of a vaccine by private companies, which calls for public-private collaboration. The COVID-19 crisis reveals the need to reconceptualize public international law to broaden its scope, to include relevant actors beyond States, to encompass many kinds of legal instruments, and to recognize the imperative need for shared norms.

Open Access
In: Crisis Narratives in International Law
The fresh water crisis is the new environmental crisis of the 21st century. By 2050, 993 million people are projected to live in cities with perennial water shortages; 3.1 billion will confront seasonal water shortages within their urban areas. The traditional legal principles upon which existing water management is based are likely to be insufficient to deal with the water problems that loom from projected climate change, population growth, food production, increased industrialization, and ecosystem needs.

This volume, a fully revised and expanded version of the lectures given by the author at the Hague Academy of International Law in 2007, focuses on the evolution of international water law in the context of this changing world. Chapter I covers the basic principles of international water law. Chapter II offers a critique of international water law and challenges for the future. Chapter III analyses the evolution of international water agreements over the past two centuries. The analysis draws upon empirical data from more than 2,000 international agreements in a database developed by the author. Chapter IV focuses on the different techniques for resolving disputes and the international fora for doing so. Chapter V considers international institutions associated with international water agreements. Chapter VI addresses the issue of a human right to water and the right of indigenous peoples to water. Chapter VII analyses the implications of international water markets for international trade law, and vice versa, and addresses increasingly important issues associated with virtual water.

ABSTRACTIn the introduction to her course on The Evolution of International Water Law, Edith Brown Weiss, Professor at Georgetown University Law Centre in Washington, notes that only 2.5% of water present on earth is fresh water. This resource is thus precious. To report on the evolution of the International Water Law, Professor Brown Weiss begins the course by presenting the basic principles of the water law and some of the challenges that the water law must face. She analyzes the evolution of water law over the last two centuries. Then, she focuses on the different conflict resolution techniques, and studies the question of the human right to water and the rights of indigenous people to water. Finally, Professor Brown Weiss analyzes the implications of the international water markets on the evolution of the international water law and vice versa.

En introduction de son cours consacré à l'évolution du Droit international de l'eau, Edith Brown Weiss, professeur au Georgetown University Law Center de Washington relève que seulement 2,5% de l'eau présente sur la terre est de l'eau douce. Cette ressource est donc précieuse. Pour rendre compte de l'évolution du droit international de l'eau, le Professeur Brown Weiss commence par présenter les principes de base du droit de l'eau et quelques défis auxquels le droit de l'eau doit faire face. Elle analyse ensuite l'évolution du droit de l'eau au cours des deux derniers siècles. Elle s'intéresse ensuite aux différentes techniques de résolution des conflits, puis étudie la question du droit de l'homme à l'eau et celle des droits des peuples indigènes à l'eau. Enfin, le Professeur Brown Weiss analyse les implications des marchés internationaux de l'eau sur l'évolution du droit international de l'eau et inversement.

In: Establishing Norms in a Kaleidoscopic World
In: Establishing Norms in a Kaleidoscopic World
In: Establishing Norms in a Kaleidoscopic World