Access to water in the context of the international watercourse: A theory of the community of interest
Securing free and equal access to water for individuals is foremost an objective of international water law. This article analyses the community of interest theoretical framework for the creation and implementation of rules that can achieve this objective. This theory is in line with the natural uni...
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| Format: | Article |
| Language: | English |
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University of Belgrade, Faculty of Law, Belgrade, Serbia
2019-01-01
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| Series: | Anali Pravnog Fakulteta u Beogradu |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2019/0003-25651903073V.pdf |
| _version_ | 1818352330600349696 |
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| author | Vučić Mihajlo |
| author_facet | Vučić Mihajlo |
| author_sort | Vučić Mihajlo |
| collection | DOAJ |
| description | Securing free and equal access to water for individuals is foremost an objective of international water law. This article analyses the community of interest theoretical framework for the creation and implementation of rules that can achieve this objective. This theory is in line with the natural unity of the watercourse that traverses political borders between states. However, legal doctrine is not unanimous concerning its practical value, state practices largely evade it, and case law only provides declarative support without indicating precise contents of community rights and obligations. It seems that practical application of the community of interest theory is only possible through meticulous and systematic application of positive legal rules based on limited territorial sovereignty theory, in the spirit of joint management and use of common water resources. |
| first_indexed | 2024-12-13T18:51:55Z |
| format | Article |
| id | doaj.art-2e7e6f91a6044d1aa6661fe1458d4fab |
| institution | Directory Open Access Journal |
| issn | 0003-2565 2406-2693 |
| language | English |
| last_indexed | 2024-12-13T18:51:55Z |
| publishDate | 2019-01-01 |
| publisher | University of Belgrade, Faculty of Law, Belgrade, Serbia |
| record_format | Article |
| series | Anali Pravnog Fakulteta u Beogradu |
| spelling | doaj.art-2e7e6f91a6044d1aa6661fe1458d4fab2022-12-21T23:34:55ZengUniversity of Belgrade, Faculty of Law, Belgrade, SerbiaAnali Pravnog Fakulteta u Beogradu0003-25652406-26932019-01-01673739410.5937/AnaliPFB1903077V0003-25651903073VAccess to water in the context of the international watercourse: A theory of the community of interestVučić Mihajlo0Institute of International Politics and Economics, Belgrade, SerbiaSecuring free and equal access to water for individuals is foremost an objective of international water law. This article analyses the community of interest theoretical framework for the creation and implementation of rules that can achieve this objective. This theory is in line with the natural unity of the watercourse that traverses political borders between states. However, legal doctrine is not unanimous concerning its practical value, state practices largely evade it, and case law only provides declarative support without indicating precise contents of community rights and obligations. It seems that practical application of the community of interest theory is only possible through meticulous and systematic application of positive legal rules based on limited territorial sovereignty theory, in the spirit of joint management and use of common water resources.https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2019/0003-25651903073V.pdfcommunity of interestaccess to waterinternational watercoursesshared water resources |
| spellingShingle | Vučić Mihajlo Access to water in the context of the international watercourse: A theory of the community of interest Anali Pravnog Fakulteta u Beogradu community of interest access to water international watercourses shared water resources |
| title | Access to water in the context of the international watercourse: A theory of the community of interest |
| title_full | Access to water in the context of the international watercourse: A theory of the community of interest |
| title_fullStr | Access to water in the context of the international watercourse: A theory of the community of interest |
| title_full_unstemmed | Access to water in the context of the international watercourse: A theory of the community of interest |
| title_short | Access to water in the context of the international watercourse: A theory of the community of interest |
| title_sort | access to water in the context of the international watercourse a theory of the community of interest |
| topic | community of interest access to water international watercourses shared water resources |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2019/0003-25651903073V.pdf |
| work_keys_str_mv | AT vucicmihajlo accesstowaterinthecontextoftheinternationalwatercourseatheoryofthecommunityofinterest |