The need for flexibility in freshwater treaty regimes

Abstract

Shrinking freshwater supplies pose particular threats in international drainage basins, which serve some 40% of the global population and account for around 60% of the world’s river flows. The use and management of these basins are increasingly governed by treaties between the riparian states. While the rules of international law, properly understood, are sufficiently flexible to permit adaptation to changing conditions such as development, population growth and climate change, treaties are essentially rigid instruments that are modifiable only under certain limited conditions. Countries should take this fact into account in designing the regimes to govern their shared freshwater resources, including joint management institutions.