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Environmental Natural Resources Law

The World Bank Policy for Projects on International by Salman M. A. Salman

By Salman M. A. Salman

The area financial institution coverage for tasks on foreign Waterways: An historic and felony research discusses the evolution and context of the financial institution coverage for initiatives on overseas waterways. It begins with a quick description of the way the financial institution confronted the demanding situations stemming from such tasks and analyzes the several methods deliberated via the financial institution that ended in the issuance of the 1st coverage in 1956. It then examines the most positive factors, in addition to the implementation adventure, of every of the regulations issued in 1956, 1965, and 1985. the rules of foreign water legislations winning at each one level are reviewed and in comparison with these of the financial institution coverage. The ebook discusses intimately the notification strategy, the several riparians' responses, and the way objections to Bank-financed tasks are dealt with, in addition to the exceptions to the notification requirement. It additionally assesses how the financial institution has handled transboundary groundwater, and the linkages of the coverage with the guidelines on disputed parts and environmental influence overview. The booklet concludes with an summary of the most findings and classes drawn from the implementation adventure.

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Extra info for The World Bank Policy for Projects on International Waterways: An Historical and Legal Analysis (Law, Justice, and Development Series)

Example text

66 The second article of the Madrid Declaration deals with successive streams and obliges the riparian states not to change the point where such a stream crosses the frontiers of such states, by means of establishments of one of the states without the consent of the other riparians. It also forbids all alterations injurious to water, and the emptying therein of injurious matter such as from factories. The Declaration also prohibits establishments such as factories from taking so much water as to seriously modify such stream.

As an international financial cooperative institution, one of its concerns is dispute avoidance. Although not all international rivers were characterized by actual or apparent disputes, few rivers, if any, were governed by agreements regulating their sharing and management. Projects on those rivers still carry the risk of generating concerns, and perhaps even disputes, among the riparians, and also between some of those riparians and the Bank by virtue of the Bank funding for those projects. , at 629.

In this way the Bank would end up being an arbiter in the case. The fourth alternative discussed was that the facts and circumstances of each case would determine how the Bank would discharge its duty. In other words, the Bank would follow an ad hoc approach. This flexible approach was based on the Bank ascertaining all pertinent facts related to the project, to the best of its ability, prior to making a final determination.

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