Beyond semantics: Overcoming the normative incoherence surrounding the protection of international watercourse ecosystems

Abstract

AbstractProtecting and preserving the ecosystems of international watercourses requires a coherent normative framework. Problems can arise where inconsistent terms are used to define and describe these shared resources. This leads to possible normative incoherence around the duties to protect and preserve ecosystems. At the heart of the matter are the diverse definitions used for shared freshwaters and international ecosystems. In many cases, there is a ‘terrestrial gap’—the geographical space created by the terms used to describe ‘international watercourse’ on the one hand, and ‘ecosystem’ on the other. More often than not, the former is defined in narrow geographical terms, while the latter is more broadly cast, to include related terrestrial elements. This article explores how the potential normative incoherence related to the protection and preservation of the ecosystems of an international watercourse might be overcome through three approaches, which are explored in treaty practice across the field.