Use of Experts in International Freshwater Disputes, Mbengue and Das offer a critical assessment of the involvement of experts in resolving international water disputes. International disputes related to freshwater are increasing in number and complexity. The rising complexity is necessarily accompanied and compounded by the involvement of experts in dispute resolution. This monograph examines, through a number of case studies, decided by international tribunals, the role and use (or absence) of experts in international freshwater disputes. Through this examination, the authors identify the lacunae as well as good practices in expert use in disputes of this nature. The monograph goes on to suggest the best practices with respect to expert involvement and use for a more efficient and fair resolution of international water disputes.
Makane Moïse Mbengue, Ph.D. (2007), University of Geneva, is Professor of International Law at the Faculty of Law of the University of Geneva. He has acted and acts as expert for various international freshwater management organizations. He is co-editor of the Oxford Commentary on the 1997 UN Convention on the Law of Non-Navigational Uses of International Watercourses. He has published extensively on international water law as well as on experts before international courts and tribunals.
Rukmini Das is a Ph.D. candidate at the Faculty of Law of the University of Geneva. Her subject of research is ‘Scientfic Experts in International Disputes’. She also recently completed work on a research project on ‘Experts and International Courts and Tribunals’, funded by the Swiss National Science Foundation, along with a number of publications on the same subject.
Use of Experts in International Freshwater Disputes: A Critical Assessment Makane Moïse Mbengue and Rukmini Das Abstract
Part 1: Introduction
Part 2: Legal Provisions on the Use of Experts in Dispute Resolution
Part 3: Experts in Water Disputes before the International Court of Justice
Part 4: Water Disputes Resolved through Inter-state Arbitration
Part 5: Experts in Investor-State Water Disputes
Part 6: Conclusion: Assessment of the Use of Experts in International Water Disputes
All interested in judicial resolution of international water disputes, and anyone concerned with the use of experts by international courts and tribunals, especially the procedural aspects of it.