International Water Law

所在平台: Coursera

课程主页: https://www.coursera.org/learn/international-water-law

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课程简介

课程名称:国际水法 课程概述:近年来,国际法在淡水管理和保护方面经历了一系列重大变革。制定的普遍性、区域性和流域性法规强调了研究国际水法规发展及识别该领域主要原则的重要性。本课程旨在提供必要的背景,使学习者能够理解和审视适用于跨界淡水的法规,特别是针对河流、湖泊和地下水的相关法律。课程内容涵盖了管理、共享和保护这些资源的主要原则和法律标准。 该MOOC课程由五个模块组成,每个模块围绕不同主题展开,学习者可以灵活选择学习顺序,但按照特定逻辑顺序学习对于新手尤其有助。每个模块都有评估问卷或测验,成绩达到80%以上的学生将获得证书。 学习结束时,您将能够: 1) 描述与跨界淡水法规相关的问题; 2) 解释跨界淡水法规的演变过程; 3) 回顾和解读管理水资源的关键原则; 4) 了解跨界淡水争端解决机制在国际水法发展中的作用(即国际法庭和仲裁机构在冲突解决中的作用)。 本MOOC由日内瓦水中心的国际淡水法平台开发,日内瓦大学的MOOC团队协助制作,此外,多个国际专家也参与了课程。该MOOC是日内瓦水中心和日内瓦大学支持的三个课程之一,另外两个课程为“水管理与政策”和“生态系统服务:可持续发展的方法”。该课程由瑞士发展合作署(SDC)全球水项目资助。 课程大纲: 模块1:国际水法导论 该模块强调国际法规在管理和保护共享水资源中的重要性,以及水资源管理相关的各种问题。 模块2:国际淡水资源法规的演变 介绍国际水法规演变的主要里程碑,特别是1997年《国际水道非航使法公约》和1992年《跨界水及国际湖泊保护与利用公约》。 模块3:跨界水资源法原则 I 介绍管理跨界水的基本原则,如平等和合理利用、不得造成重大损害的义务等,并详细探讨与规划措施相关的规定。 模块4:跨界水资源法原则 II 探讨国际环境法、人权法和气候变化法如何推动跨界淡水保护,并讨论适用于共享水资源管理的主要国际公约和原则。 模块5:水相关争端的预防和解决 介绍解决水相关争端的外交与司法机制,重点是流域组织和委员会在冲突预防和解决中的作用,以及国际法庭在共享水资源决策中的贡献。 此MOOC最初以法语创建,并提供英语字幕。

课程大纲

Name:Module 1: Introduction to international water law

Description:With around two hundred and seventy-six (276) rivers and lakes and a large number of groundwater shared by two or more States, there is an increasing level of interest in the importance of international law in this area. This introductory module is designed to highlight how international regulation is fundamental to achieving a harmonious and peaceful management of these essential resources. It outlines the various issues and challenges related to the management and protection of water resources. Whilst emphasis is placed on the factors that can lead to conflict, the module will also show how water can be considered as an instrument of peace and cooperation among States. Within this context, the benefits of cooperation between States over transboundary freshwater are examined. We will also analyse the different uses linked to water resources and the relationships that exist between them. The module will be concluded by a quiz worth 15% of the final mark. You must have at least 80% of the answers correct to pass the module.

Name:Module 2: The Evolution of the International Regulation on Fresh Water Resources

Description: This module outlines the major milestones in the evolution of international freshwater regulation. It will present the scope and contribution of the United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses (1997 Convention) and the Convention on the Protection and Use of Transboundary Water and International Lakes of the United Nations Economic Commission for Europe (UNECE) (1992 Convention). The role of international organizations, international academic societies and civil society in the development and promotion of these instruments will be highlighted. The unique nature of groundwater regulation is also addressed and we will look closely at the main features of the 2008 International Law Commission’s Draft articles on the Law of Transboundary Aquifers. We will also examine the best practice shown in the 2008 Convention on the Protection, Utilisation, Recharge and Monitoring of the Franco-Swiss Genevois Aquifer. The module will be concluded by a quiz worth 20% of the final mark. You must have at least 80% of the answers correct to pass the module.

Name:Module 3: The Principles of the Law on Transboundary Water Resources I

Description:This module presents the general principles governing how water is shared and we will also examine the rules associated with planned measures on transboundary waters. We will take a look at the theory behind the principle of equitable and reasonable use, the obligation to not cause significant harm and the principle of cooperation. The rules of notification, consultation and negotiation in the case of planned measures will be examined in detail. We will also focus how these principles interact with each other. The module will be concluded by a quiz worth 25% of the final mark. You must have at least 80% of the answers correct to pass the module.

Name:The Principles of the Law on Transboundary Water Resources II

Description:This module highlights how other bodies of norms such as international environmental law, human rights and the law of climate change have contributed to the protection of transboundary freshwaters. The module presents the main international conventions that deal with the environment and details the principles that apply to the management of shared water resources (such as prevention, precaution and the obligation to conduct an environmental impact study). We will examine new legal instruments that take into account these aspects of international freshwater law via the water charters (such as for the Senegal River, the Niger River Basin, the Lake Chad Basin). The module will be concluded by a quiz worth 25% of the final mark. You must have at least 80% of the answers correct to pass the module.

Name:Module 5: Prevention and Resolution of Water-Related Disputes

Description:This module presents the diplomatic and judicial mechanisms that exist for resolving water-related disputes. The essential role of basin organizations and commissions in the prevention and resolution of conflicts over water is also addressed. Finally, we examine the details of the decisions of international tribunals and courts about shared water resources and we assess their contribution to the development of international freshwater law. The module will be concluded by a quiz worth 20% of the final mark. You must have at least 80% of the answers correct to pass the module.

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课程详情

In recent decades, international law has undergone a series of major developments in order to accommodate the many new facets of freshwater management and protection. The adoption of universal, regional and basin instruments highlights how important it is to study the evolution of international water regulations and to be able to identify the main principles in this field. This course aims to provide the necessary background to understand and examine the regulation applicable to transboundary freshwaters especially to rivers, lakes and aquifers. It presents the principles and legal standards that govern the use, sharing, management and protection of these resources. The MOOC is made up of 5 modules. As each module addresses a different theme, they can be viewed in any order. However, the modules do follow a certain pedagogical logic and following in order will be especially helpful to those who are new to the subject. Each module is accompanied by an evaluation questionnaire or quiz. A certificate will be awarded to students who obtain an average of at least 80% in the quizzes. By the end of this course, you will be able to: 1) Describe the issues related to the regulation of transboundary freshwaters; 2) Explain how transboundary freshwater regulations have evolved; 3) Recall and interpret the key principles governing water resource regulation; 4) Understand the role of transboundary freshwater dispute settlement mechanisms in the development of international freshwater law (or to understand the role of international courts and tribunals in the resolution of conflicts) This MOOC was developed by the Platform for International Freshwater Law that is part of the Geneva Water Hub, assisted by the MOOC Team of the University of Geneva. Alongside the researchers and teachers of the Platform, several international experts have also participated. This MOOC is one of three courses supported by the Water Hub Geneva and the University of Geneva. The other MOOCS are "Water Management and Policy" (www.coursera.org/learn/gestioneau) and "Ecosystem Services: a method for sustainable development "(www.coursera.org/learn/ecosystem-services). The Global Water Program of the Swiss Agency for Development and Cooperation (SDC) has funded this course. This MOOC was originally created in French. It has English subtitles.

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