Beyond international water law – unconventional approaches to conventional foundations in times of global crises

Abstract

This article argues that there is a large gap between the aspirations of international water law and the management of transboundary rivers and lakes necessary to address the existential challenges that have arisen in the twenty-first century. In addition to this gap in practice, these include climate destruction, the holistic view of river basins which includes environmental values and social justice, a more sceptical view of large dams and diversions, and the collapse of the post-World War II idea of a global community of shared values. Thus, international water law requires a transformative change to meet these challenges. New treaties and conventions are not needed. Instead, we need to move beyond traditional international water law. We call for innovation in three main areas: (1) the prevailing approach to this area of international law should be reconceptualised to more fully embrace global issues in ways that enhance community-building approach broadly anchored in the UN Sustainable Development Goals (SDGs); (2) the normative legal framework, especially procedural obligations, needs to be enhanced, in part through a more invigorated rule of due diligence; and (3) the current regulatory silos that apply to water law need to be better integrated across the layers of international/national law to better represent and to protect the communities of the watershed across the basin.