Dispute over the Status and Use of the Waters of the Silala (Chile v Bolivia): Is the International Court of Justice falling short?

Abstract

AbstractThis case note offers insights into a decision of the International Court of Justice on the legal dispute between Chile and Bolivia over the nature and use of the Silala waters and its implications for international water law. It begins with two positive notes, namely, the recognition of the unity of the Silala waters (natural and artificially enhanced flows) and the use of science and expert evidence to resolve the dispute. It then addresses two other issues that the Court should and could have dealt with more adequately, being disputes on the ‘current use’ and ‘acquired rights’ under the ambit of the equitable and reasonable utilization principle and the obligation to notify and consult planned measures. The case note concludes that the Court failed to settle the underlying legal issues sufficiently and to better guide the parties on their rights and obligations.