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Utilization of International Watercourses on the Korean Peninsula: Challenges and Prospects by Yeonghwan CHANG. Leiden/Boston: Brill Nijhoff, 2023. xx + 325 pp. Hardcover: €188.00; eBook (pdf): €188.00. doi: 10.1163/9789004538399

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Utilization of International Watercourses on the Korean Peninsula: Challenges and Prospects by Yeonghwan CHANG. Leiden/Boston: Brill Nijhoff, 2023. xx + 325 pp. Hardcover: €188.00; eBook (pdf): €188.00. doi: 10.1163/9789004538399

Published online by Cambridge University Press:  06 November 2023

Tikumporn RODKHUNMUANG*
Affiliation:
School of Law, Mae Fah Luang University, Chiang Rai, Thailand
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Abstract

Type
Book Review
Copyright
Copyright © The Author(s), 2023. Published by Cambridge University Press on behalf of the Asian Society of International Law

Yeonghwan Chang has made a significant contribution to the international transboundary rivers regime through this comprehensive work, which actively re-evaluates and re-analyzes this regime and proposes an effective approach to the cooperative management of water resources between the two Koreas.

The initial chapter presents a narrative account of the historical inspiration behind the regime. Chapter 2 explores the gradual evolution of historical events about the two rivers, namely the North Han River and the Imjin River, and asks: have they also been governed by international water law? The mutually shared watercourses are depicted with respect to their geographical, topographical, and meteorological aspects, which have encountered challenges arising due to the effects of global climate change, particularly in the demilitarized zone. Further, the geographical position is situated within the central region of the Korean peninsula, with its significant wildlife sanctuary, biodiversity, cultural legacy, tourism, and, in particular, the presence of a hydroelectric plant. During the process of joining the United Nations, the implementation of international water regulations emerged as a potentially effective means of resolving inter-Korean ties. Chapter 3 explores the conceptualization of international legal instruments and draws insights from the decisions made by global judicial bodies. Notably, it examines the development of the Helsinki Rules (1966) and the Convention on the Law of the Non-navigational Uses of International Watercourses (1997) as illustrative examples. The general ideas in international water law encompass absolute territory sovereignty, absolute territorial integrity, restricted territorial sovereignty, and the common interest.

Chapter 4 provides a historical account of the Korean peninsula's water issue, focusing on dam construction and its implications for territorial integrity. It also examines a violation of legally binding international water obligations. These obligations include the principles of equitable and reasonable utilization, avoidance of significant harm, cooperation, protection of international watercourses and their ecosystems, and the requirement for prior notification. Chapter 5 focuses on presenting a comprehensive proposal that effectively enhances the joint management of Korea's international watercourses, aimed at enhancing legal and institutional collaborations and seeking to contribute to advancing pacifist initiatives on the Korean peninsula. Additionally, the prevention of disaster, the reduction of water volume, and the restoration of peace on the peninsula are re-evaluated in relation to trust, interchange, and cooperation. The re-evaluation focuses on cooperative management, such as the collaborative investigation of the Han River estuary, the Imjin River Flood Control Council, and the Office of Inter-Korean Dialogue, and notes it is advisable to seek recommendations from other cases and incorporate strategic techniques such as Step-by-Step, Package-Driven, and Multilateral approaches.

Consequently, this book offers a reassessment of a water dispute with global implications from both an intellectual and practical perspective.

Competing interests

The author declares none.