Atti del convegno:
Lakes: the Mirror of the Earth – Balancing Ecosystem Integrity and Human Wellbeing
15th World Lake Conference
Perugia, settembre 2014
The Legal Framework
An effective lake management and governance requires consideration not only of rules relevant to the lake and its basin, but also the other water systems that influence it. To this extent, International Law can provide an appropriate legal framework for the ruling of activities concerning both national and transboundary lakes by means of interstate cooperation, testifying a century-long process that lead to the dismantlement of absolute sovereignty claims over water resources.
Nonetheless, many uncertainties linger on the scope of the International norms applicable to this sector, due to the fact that the provisions enshrined in the existing instruments have a different nature and legal status. In several occasions International judges or arbitrators have evaluated the scope and applicability of such norms in their attempt to reconcile the diverse interests over matters of transboundary water management.
To this extent, International Law shall provide the legal and institutional framework to set out principles and guidelines to draft specific agreements for the sharing of benefits and costs of water management, to protect the environment and to prevent conflicts. The aim of this paper is to give an overview on the applicable rules.