The thesis deals with universal, regional, subregional and local (basin) international legal mechanisms regulating the utilisation and protection of transboundary freshwaters. In the process of consideration of the theoretical aspects of the general issue, the author has provided his definition and analysed the content of main concepts used in this field. The genesis, nature, sources, principles, main structural elements of international law of transboundary freshwaters have been highlighted, its place in the system of international law as an integrated sub-branch of international law has been determined.
The international legal regulation of the rights to water and sanitation as the basic human rights has been explored. It has been proposed to develop and approve protocols (system of protocols) on the rights to water and sanitation for existing universal and regional international human rights treaties. Optimal principles and provisions have been formulated; list of legal measures aimed at the recognition and realization of human rights to water and on sanitation in Ukraine has been elaborated.
The international treaty and institutional mechanisms of interstate cooperation, related to the main international river basins of each region, have been analyzed. Examples of Rhine, Sava, Mekong, Indus, Kosi, Niger, Congo, Amazon, Great Lakes, St. Lawrence River are considered. Most attention has been focused on the European region and transboundary water objects, located on the territory of Ukraine (Danube, Dnipro, Dniester, Tisza). It has been proposed to conclude and formulated a set of proposals on the optimal principles and norms of the UNECE Convention on the Regime of Navigable Waterways of International Importance in Europe, the Convention on the Navigation on the Dnipro, the new version of the Convention Regarding the Regime of Navigation on the Danube and basin (local) treaties on non-navigational use and the protection of freshwater resources.
The author has considered processes of establishment, normative framework, structure, procedures and practice of functioning of international river commissions, which extend their competence to the main international river basins of the world. The achievements and deficiencies of each of them have been outlined. The author has proposed general principles for the establishment and functioning of commissions as the coordination centres for integrated water resources management.
The author has highlighted the practice of resolving international disputes concerning transboundary freshwaters. Proposals for the improvement of international judicial and extrajudicial mechanisms for the settlement of disputes between coastal States have been made. The optimal way is the establishment of permanent bodies within the framework of international river commissions.
