carly a. krakow - world water week · destruction of the environment, the illegal exploitation of...

Carly A. Krakow

Department of LawLondon School of Economics

World Water Week | 27 August 2019 | Stockholm, Sweden

“Water (In)Security, Migration, and Regional Integration: Is There a Nexus?”

© 2019 Carly A. Krakow

–Seyla Benhabib

“What does it mean to say that ‘international law governs sovereign states’ when certain societies were denied sovereign status? … What continuing effects follow from this exclusion?”

–Antony Anghie, Imperialism, Sovereignty and the Making of International Law

Khayelitsha Township©Carly A. Krakow, July 2019

Khayelitsha and Langa Townships©Carly A. Krakow, July 2019

1997 UN Convention on the Law of Non-Navigational Uses of International Watercourses “Where significant harm nevertheless is caused to

another watercourse State, the States whose use causes such harm shall, in the absence of agreement to such use, take all appropriate measures, having due regard for the provisions of articles 5 and 6, in consultation with the affected State, to eliminate or mitigate such harm and, where appropriate, to discuss the question of compensation.” (Article 7)

Additional Protocol I, the Geneva Conventions “It is prohibited to attack, destroy, remove or render

useless objects indispensable to the survival of the civilian population, such as foodstuffs, agricultural areas for the production of foodstuffs, crops, livestock, drinking water installations and supplies and irrigation works, for the specific purpose of denying them for their sustenance value to the civilian population or to the adverse Party, whatever the motive, whether in order to starve out civilians, to cause them to move away, or for any other motive.” (Article 54)

“[T]he Office will give particular consideration to prosecuting Rome Statute crimes that are committed by means of, or that result in, inter alia, the destruction of the environment, the illegal exploitation of natural resources or the illegal dispossession of land.”

–ICC Office of the Prosecutor

Gaza, 2014

1. Illusions of progress

2. Legacies of denial of sovereignty

3. Enforceability challenges created and worsened by “fragmentation” (see e.g. Koskenniemi 2006)

Carly A. Krakowc.a.krakow@lse.ac.uk