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The principle of no significant harm in the Central Asian context

Author

Listed:
  • Dinara Ziganshina

    (Scientific Information Centre of Interstate Commission for Water Coordination in Central Asia
    Tashkent Institute of Irrigation and Agricultural Mechanization Engineers)

  • Barbara Janusz-Pawletta

    (Kazakh-German University)

Abstract

This paper focuses on the no significant harm principle as applied to shared waters in Central Asia (CA): the Aral Sea basin shared by Afghanistan, Kazakhstan, Kyrgyzstan, Tajikistan and Uzbekistan; the Irtysh basin shared by China, Kazakhstan and Russia; and the Chu-Talas basin shared by Kazakhstan and Kyrgyzstan. These transboundary basins are under increased pressure from growing population and economies, unsustainable development and the impact of climate change, making it essential to cooperate and enhance legal regulation. The paper seeks to contribute to a better understating of the nature of legal principles applied to transboundary waters in CA by analyzing whether and how transboundary harm is addressed in relevant treaties in the selected river basins. The paper finds that in most regional treaties the no-harm principle is phrased as a due diligence obligation, without defining a transboundary harm and specifying its threshold and potential activities that might cause it. In addition to improving the quality of regional agreements and enhancing procedural cooperation, the participation of countries in MEAs can offer a supportive legal framework to specify no-harm related obligations.

Suggested Citation

  • Dinara Ziganshina & Barbara Janusz-Pawletta, 2020. "The principle of no significant harm in the Central Asian context," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 20(4), pages 713-730, December.
    • Handle: RePEc:spr:ieaple:v:20:y:2020:i:4:d:10.1007_s10784-020-09509-0
    DOI: 10.1007/s10784-020-09509-0
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    References listed on IDEAS

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    1. Stephen McCaffrey, 2001. "The contribution of the UN Convention on the law of the non-navigational uses of international watercourses," International Journal of Global Environmental Issues, Inderscience Enterprises Ltd, vol. 1(3/4), pages 250-263.
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    Cited by:

    1. Naho Mirumachi & Margot Hurlbert, 2022. "Reflecting on twenty years of international agreements concerning water governance: insights and key learning," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 22(2), pages 317-332, June.

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