The Treaty on the Lesotho Highlands Water Project and the principle of "equitable and reasonable utilisation"

Clive Vinti

doi:10.17159/2225-7160/2021/v54a19

Abstract

The principle of "equitable and reasonable utilisation" has been proposed as a tool to resolve a conflict of uses since it advocates for fair and sustainable utilisation of shared water resources. This paper examines this proposition with a specific focus on the Treaty on the Lesotho Highlands Water Project, which regulates the use of the Orange River. To this end, it is my view that the principle of "vital human needs" as an incidence of the principle of "equitable and reasonable utilisation", proffers the most effective tool to resolve the anticipated conflict of uses in the Orange River basin.

Highlights

The Treaty on the Lesotho Highlands Water Project between the Government of the Kingdom of Lesotho and the Government of the Republic of South Africa (LHWP) ensures the supply of water by Lesotho to South Africa from the Orange River in return for royalties, which are used to construct dams that produce electricity.[1]
Wouters opines that the decision in the Gabcikovo Nagymaros case is remarkable in that it accepted the UN Watercourses Convention as the fundamental statement of international watercourses law and entrenched the principle of “equitable and reasonable utilisation” by that time the treaty did not enjoy any state support.[89]
This finding of the International Court of Justice (ICJ) is significant for the LHWP in that it invalidates provisions that provide for “unilateral” and “preferential” utilisation of the water in the Orange River

Summary

Introduction

The Treaty on the Lesotho Highlands Water Project between the Government of the Kingdom of Lesotho and the Government of the Republic of South Africa (LHWP) ensures the supply of water by Lesotho to South Africa from the Orange River in return for royalties, which are used to construct dams that produce electricity.[1].

Results

Conclusion