The evolution of international law relating to transboundary waters

2017 ◽  
pp. 205-216 ◽  
Author(s):  
Stephen C. McCaffrey
Keyword(s):  
International Law ◽  
Transboundary Waters

International Water Law in Central Asia: The Nature of Substantive Norms and what Flows from It

2011 ◽  
Vol 2 (1) ◽  
pp. 169-192 ◽  
Author(s):  
Dinara ZIGANSHINA
Keyword(s):  
International Law ◽  
Water Security ◽  
Aral Sea ◽  
Aral Sea Basin ◽  
Transboundary Waters ◽  
Security Issues ◽  
Central Asian ◽  
International Water Law ◽  
International Water ◽  
Reasonable Use

Water security issues arising from the Central Asian states’ heavy reliance on, and competition over, the shared waters of the Aral Sea Basin have attracted urgent political and academic discussion. However, any analysis of the role that international law plays in addressing these substantive complex problems remains incomplete and imprecise. This article sets the stage for a deeper understanding of international law and of its potential operation in the context of the transboundary waters in the Aral Sea Basin. It seeks to explore the substantive norms operating in the field, namely, the rule of equitable and reasonable use, the no-harm rule, and obligations relating to environmental protection, with a view to understanding how these substantive norms work and ascertaining what conduct is required of the states with respect to their shared watercourses.

What role for law in achieving transboundary drainage basin security? - the development and testing of the Legal Assessment Model (LAM) for transboundary watercourse states

2004 ◽  
Vol 49 (7) ◽  
pp. 97-102
Author(s):  
P.K. Wouters ◽  
Keyword(s):  
International Law ◽  
Drainage Basin ◽  
Interdisciplinary Teams ◽  
Assessment Model ◽  
Policy Objective ◽  
Transboundary Waters ◽  
Legal Assessment ◽  
Water Strategy ◽  
Reasonable Use ◽  
National Water

The beneficial use of the world's transboundary waters raises difficult issues for drainage basin security on most parts of the globe. International law provides that each transboundary watercourse State is entitled to, and obliged to ensure, an “equitable and reasonable use” of these shared waters. The IWLRI developed and tested a Legal Assessment Model (LAM) through the work of interdisciplinary teams working in three different transboundary situations - China (upstream), Mozambique (downstream) and Palestine (shared groundwater). The LAM provides a tool for transboundary watercourse States to use in the preparation of their national water strategy for use at the national and international levels. The model should now be tested at the basin level, with a view to assisting to accomplish the peaceful and rational use of transboundary waters in line with the governing rule of international law and thereby to facilitate the overall policy objective of drainage basin security.

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