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Unit 3: Trans-boundary River Regimes, Dispute Resolutions and Remedies
3.1 Bi-lateral and Multilateral Regimes (Asian, American, European and African Continents)
The comparative’s-map (the exam’s-table):
- The bilateral’s-models: the India-Pakistan-Indus (the “the-division” (the rivers-split (the simple-and-the-durable (the “the-ignoring-the-joint-development”‘s-trade-off)))); the US-Mexico-Colorado (the “the-treaty-plus-the-minutes” (the flexible-amendments (the “the-problems-as-they-come”)))); the South-Asia’s-Nepal-line (the “the-project-treaties” (the barrage-and-the-embankment (the benefit-the-India (the “the-price-the-Nepal”‘s-critique)))) — the bilateral’s-critique (the “the-power-asymmetry” (the “the-India’s-size” (the “the-unequal-treaties”‘s-debate (the “the-India’s-diplomacy” (the “the-small-neighbour’s-reality” (the exam’s-critical-faces))))));
- The multilateral’s-models: the Danube-and-the-Rhine (the “the-commission-model” (the joint-institutions (the “the-monitoring-and-the-standards” (the “the-binding-decisions” (the “the-river-parliaments”‘s-lore))))); the Mekong-1995 (the procedure-based (the “the-PFIA” (the “the-prior-consultation” (the “the-Xayaburi-test” (the “the-consultation-not-consent”‘s-debate (the “the-Laos-and-the-neighbours” (the “the-procedure’s-run” (the 2019’s-Pak-Lay’s-continuation))))))); the Africa’s-commissions (the OMVS’s-joint-ownership (the ZAMCOM’s-notification (the “the-Nile’s-struggle” (the “the-cooperation’s-hard-politics”))));
3.2 Bi-lateral, Regional and International Dispute Resolution Mechanisms and Remedies
- The diplomatic’s: the negotiation’s (the first-and-the-forever (the “the-Indus-and-the-Ganges” (the “the-permanent-dialogues”))); the good-offices-and-the-mediation’s (the “the-World-Bank’s-Indus” (the third-party’s-broker (the “the-facilitation’s-successes”))); the joint-machinery’s (the commissions-and-the-teams (the “the-expert-teams” (the “the-India-Nepal’s-team” (the small-problems-solved (the “the-big-ones-stuck”)))));
- The adjudicative’s: the ICJ’s (the Gabcikovo (the 1997’s (the Hungary-Slovakia (the dam’s-cancellation (the “the-necessity-and-the-notification” (the equitability’s-award))))); the “the-Pulp-Mills-2010” (the Uruguay’s (the “the-EIA’s-duty” (the “the-procedure-matters” (the “the-Argentina-Uruguay”)))); the “the-Kishenganga-2013” (the PCA’s (the India-Pakistan (the Indus’s-arbitration (the “the-flow-and-the-dam” (the “the-minimum-flows” (the “the-downstream’s-protection”)))))); the “the-Lake-Lanoux-1957” (the France-Spain (the consultation’s-duty (the no-veto (the “the-procedure’s-supremacy”)))));
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