Cases and Materials on Torts

Trelease, Frank J.; Smith, Young B.; Prosser, William L.

doi:10.2307/3310159

Cited by 2 publications

(2 citation statements)

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“…Разумность, являющаяся вопросом факта, должна определяться в каждом конкретном случае с учетом конкретных фактов и обстоятельств. Разумность определяется с точки зрения суда или присяжных и зависит не только от полезности самого использования, но и от серьезности его последствий для других прибрежных сторон» (Trelease, 1979).…”

Section: справедливое использованиеunclassified

The Principle of Equitable and Reasonable Utilization in the Law of Transboundary Watercourses

2020

Russian Journal of Legal Studies

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In view of the variance of substantive norms existing in the law of transboundary watercourses, which may also be categorized according to their importance, the author of the present work analyzes the principle of equitable and reasonable utilization of transboundary watercourses which as such stands to be the most progressive and fundamental principle on the basis of which the rest of the substantive norms of this particular sphere operate.The principle under discussion rests midway between the two competing doctrines of the law of transboundary watercourses: the absolute territorial sovereignty and absolute territorial integrity. Historically, when the rule of equitable and reasonable utilization was formulated, the corpus of international environmental law was premised upon concerns that were either completely unknown or of peripheral importance or contradictory inter se. The principle of equitable and reasonable utilization was thus formulated to reconcile many of those concerns and establish a new reality in the sphere under consideration.

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Section: справедливое использованиеunclassified

The Principle of Equitable and Reasonable Utilization in the Law of Transboundary Watercourses

2020

Russian Journal of Legal Studies

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“…This paper is not intended to provide a comprehensive literature review, and references are generally limited to sources relied upon directly. For a broader treatment of the subject, the reader should consult standard references such as Goldfarb (1988), Trelease and Gould (1986), and Clark (7 vols., 1967-76).…”

Section: Introductionmentioning

confidence: 99%

The legal framework for river use in the United States

Cox

1991

Regul. Rivers: Res. Mgmt.

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Use and development of rivers takes place within a complex legal framework that guides the actions of interested parties holding conflicting values. One of the major components of this legal framework is state water allocation law. This law takes several forms among the states, but its basic function is to establish rules for water use by assigning property rights in water. Another component of the legal framework for river use addresses the public access issue. The primary focus here is establishment of the boundary between the exclusive rights of landowners and the rights of the general public to use the surface and underlying beds of waterways. A third component consists of governmental controls over water use and development. These controls restrict the exercise of private property rights in the resource. From an initial focus of protecting the public right of navigation, this law has expanded to include protection of water quality and a variety of other environmental values. The current legal framework provides a relatively sound basis for balancing competing values and interests, but problems exist. For example, the division of water management responsibilities between the federal and state levels of government sometimes results in conflict, and existing procedures for managing conflict related to proposals for water transfer do not appear to be adequate. Therefore, the current framework will not remain static; it must continue to evolve in order to operate more effectively and to incorporate future increases in knowledge and the associated changes in values and management needs.

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Cases and Materials on Torts

Cited by 2 publications

References 0 publications

The Principle of Equitable and Reasonable Utilization in the Law of Transboundary Watercourses

The Principle of Equitable and Reasonable Utilization in the Law of Transboundary Watercourses

The legal framework for river use in the United States

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