Transboundary watercourses, dams and human migration: an international water law perspective

Abstract

This article examines the potential contribution of international water law (IWL) to alleviating the negative cross-border impacts of ‘dam-induced migration’, the displacement of individuals or communities resulting from dam construction. While much has been written on efforts to deal with this global problem in other areas of international law, the application of IWL in this context has yet to be meaningfully explored. But since dams are frequently constructed on transboundary watercourses, the principles of IWL (no significant harm, equitable and reasonable utilisation, and the duty to cooperate) may prove relevant and useful to mitigating the harmful cross-border impacts of dam-induced migration. The no significant harm principle requires States to comply with a due diligence standard of conduct designed to avoid, minimise, or compensate for significant harm that might result from the use of shared watercourses, including harm to human life or health. The equitable and reasonable utilisation principle obligates each basin State to use an international watercourse in a manner that is equitable and reasonable vis-à-vis the other States sharing it. The duty to cooperate requires States to collaborate in the management and use of shared watercourses and sets out concrete measures to enable collaboration, such as information exchange, consultations, and the establishment of joint institutions. Taken together, these IWL principles can effectively guide the planning, construction, and operation of dams on shared watercourses. Applying them to the specific issue of dam-induced migration, moreover, could promote inter-State cooperation and accountability, facilitate the resolution of disputes, and alleviate negative cross-border impacts. In this way, IWL can supplement other areas of international law in providing a comprehensive solution to the growing problem of dam-induced migration.