Sub-theme
6. Innovation for Water Governance and Management
Topic
6-7. Role of national and international law
Body
while there is a growing recognition of the need to address ecocide as a form of environmental crime, the concept remains largely undefined and there are challenges to its prosecution and enforcement. There are questions about the substantive and procedural requirements for proving ecocide in international courts, including the difficulties in attributing responsibility for environmental destruction. But for sure, ecocide involves the failure to exercise due diligence in preventing significant and long-lasting harm to the natural environment, including water and other natural resources. The construction of dams can severely impact river ecosystems and their dependent communities by altering the water flow, trapping sediment, and affecting the migration of fish and other aquatic species. International water law imposes a due diligence obligation on states to ensure that they do not cause significant harm to other states or to the environment. This obligation can be used to analyze the responsibility of states for the harm caused by ecocide, and to determine whether states have taken adequate measures to prevent or mitigate the harm; Further, in relation to ecocide, fact-finding in International water law key is a key tool for collecting and analyzing evidence about the extent to which the harm was caused by the actions of specific actors who are hold responsible. This information can then be used to attribute responsibility for environmental destruction. In addition to fact-finding, dispute settlement mechanisms, such as mediation, arbitration, and adjudication, can also play a critical role in addressing ecocide issues by providing a forum for the parties to resolve their disputes timely and effectively. In conclusion, the application of international water law’s framework to the problem of ecocide represents an important step forward in the protection of the environment and the avoidance of significant harm. Further research is needed to examine the specific rules and obligations and mechanisms that may be required to effectively address ecocide issues in the context of international water law.