Abstract
Disagreements over the management and allocation of transboundary freshwater resources have become increasingly prominent in international relations. Serious diplomatic tensions surround management of the Jordan, Mekong, Nile, Rio Grande, Silala, Syr Darya and Amu Darya, and Tigris and Euphrates rivers, to name just the most prominent examples among the world’s more than three hundred shared watercourses. Nor is there any reason to think tensions will subside in the future. Whether disagreements over shared freshwater resources will continue to be resolved peacefully will depend, in part, on the viability, durability, and flexibility of international law to prevent and resolve such disputes. This symposium examines the role and relevance of international water law for peacefully resolving disputes over transboundary freshwater resources. The articles in this compilation provide an impressive breadth of approaches, from close examination of contemporary disputes over transboundary freshwater resources to the interpretation and application of specific IWL norms and principles. The articles also feature the perspectives of scholars from Africa, Asia, Europe, and North America.
Highlights
TO THE SYMPOSIUM ON INTERSTATE DISPUTES OVER WATER RIGHTSGabriel Eckstein* and James Salzman**Disagreements over the management and allocation of transboundary freshwater resources have become increasingly prominent in international relations
Since so few conflicts are ever subject to adjudication processes, this overlooks the arguably even more important function of international water law (IWL) principles as guiding negotiations
While this creates an “inherent dilemma,” since the legal principles themselves become the contested substance of the negotiations, she argues that the use of IWL principles in such deliberations have a positive lawmaking impact, strengthening the legal regime governing shared watercourses
Summary
Disagreements over the management and allocation of transboundary freshwater resources have become increasingly prominent in international relations. In many parts of the world, demand for freshwater already exceeds accessible supplies.[1] Water use globally has more than tripled since the 1950s, growing at more than double the rate of population growth over the same time period.[2] Over the thirty years, global demand is expected to increase by another 20 to 30 percent.[3] These basic realities heighten the potential for disagreements and conflicts between riparian states. Such disputes can escalate into larger regional conflicts.
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