Međunarodno-pravni i institucionalni okvir saradnje država Jugoistočne Evrope u oblasti klimatskih promena i upravljanja vodnim resursima

Todić, Dragoljub and Dujić, Ivan (2016) Međunarodno-pravni i institucionalni okvir saradnje država Jugoistočne Evrope u oblasti klimatskih promena i upravljanja vodnim resursima. Pravni život, LXV (9). pp. 427-442. ISSN 0350–0500

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Abstract

The paper analyses the manner in which international law defines the role and importance of the international co-operation in the fields of climate change and water resources management. It points to the essence and elements of the principle of co-operation in international environmental law. The analysis is based on the international agreements of global importance in the fields of climate change and water resources management, as well as those closed at the regional level - of importance to the countries of Southeast Europe. The authors give an overview of the international legal basis and institutional forms of the international co-operation in the fields of climate change and water resources management. They start with the premise that the obligation to co-operate has its roots in the general rules of international law and key international agreements in the fields of climate change and water resources management. The substance and institutional forms of co-operation are prescribed by the specific international agreements. By identifying overlapping points of the relevant international agreements in one or the other field, and the most important institutions established by the international agreements, one can perceive the normative links between climate change and water resources management. It is concluded that, regardless of the expected link between climate change and water resources management, it is about two relatively separate legal regimes even though the modalities of the interactions are to be researched in practice in more detail. Apart from this, it should be borne in mind that in international law the co-operation between states in the field of water resources management is in more detail regulated at the regional level (the region of Southeast Europe). There is the high level of uniformity of the membership of the countries of region in the relevant international multilateral treaties. However, the issue of bilateral contracts in the field of water management and climate change deserve to be separately researched. At the same time, the problems related to climate change are not adequately covered by regional agreements in the field of water resources. Due to asymmetry between modality of co-operation and unidentified overlapping points of the relevant international agreements, a question could be raised as to the need for a more detailed research of the nature of the relationships established by the regimes of the two groups of international agreements. In a more detailed analysis this would also involve the need to review the issues of synergistic effects, as well as the efficiency of the system in one or the other field, or of the both systems as a whole.

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