Abstract
The raison d’être of international water law is that it provides States with a toolkit to equip them to deal with complex problems relating to the joint use and sustainable management of transboundary freshwater resources. The principle of equitable and reasonable utilization is one such tool in this toolkit. When applying the equitable and reasonable utilization principle to a specific transboundary watercourse, States sharing that watercourse must decide which water uses are more important than others. But the general rule is that no water use takes a priori priority over others (this is the so-called no-inherent-priority rule). This paper examines three ways in which this no-inherent-priority rule can be relativized, by recognizing a certain degree of priority to certain categories of water uses. Based on an assessment of previous State practice, it is suggested that (1) existing uses enjoy a certain degree of priority over new uses; that water uses that are (2) more beneficial to a greater number of people and are less damaging to other uses and the freshwater ecosystems, enjoy priority; and that water uses that (3) immediately satisfy vital human water needs enjoy priority. States need some general guidance in identifying which water uses normally take priority in defined circumstances, and this paper provides such guidance, thereby making the tool more effective. States can decide to derogate from these general rules if the circumstances so require; they are, of course, not legally binding on them.
Highlights
Freshwater resources are essential for human survival
This paper addresses the question whether, under general international water law, there is room for prioritizing certain water uses over others, when this “equitable and reasonable utilization” principle is applied to a specific transboundary watercourse
This paper addresses the question whether, under general international water law, there is room for prioritizing certain water uses over others, when the principle of equitable and reasonable utilization is applied to a specific transboundary watercourse
Summary
Freshwater resources are essential for human survival. In most parts of the world, freshwater has been available in sufficient quality and quantity, and “freshwater”was not so much on people’s minds. Due to environmental degradation and the negative impact of climate change, this is no longer the case for an increasing part of the world’s population. In the case of transboundary freshwater resources—i.e., freshwater resources shared by two or more States—one often sees that the States concerned all try to do what is best to ensure the development of their own population, with a focus on their own present generation. Because of increasing water shortages, riparian countries are facing the pressure of survival and development, and there exist overlapping and competing claims to the use of one and the same freshwater resource. In this competition, the interests of future generations are often neglected. If there is no restriction on the water use behavior of riparian countries, the “sustainability” of water use will inevitably be damaged [2]
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
