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Title
Boundaries of benefit sharing: interpretation and application of substantive rules in the Lake Malawi/Niassa/Nyasa sub-basin of the Zambezi Watercourse |
Full text
https://research.wur.nl/en/publications/boundaries-of-benefit-sharing-interpretation-and-application-of-s |
Date
2022 |
Author(s)
Fatch, Joanna; Bolding, Alex; Swatuk, Larry A. |
Abstract
The primacy of state sovereignty in transboundary water resources management raises questions regarding how riparian states determine 'who gets what, where, and why' in a shared watercourse. To facilitate peaceful coexistence, substantive rules''equitable and reasonable utilisation (ERU)' and 'the duty to prevent the causing of significant harm''define rights and responsibilities of riparian states in the utilisation of shared watercourses. The duty of riparian states to cooperate, as a principle of international law, plays an important part in realising these substantive rules. This article critically reflects on the principles underlying transboundary water management by focusing on the interpretation and application of substantive rules in the Lake Malawi/Niassa/Nyasa sub-basin of the Zambezi River Basin in Southern Africa. The case study demonstrates how interpretation and application of international water law are generally in line with customary practices, but are subject to highly localised decision contexts which challenge Southern African Development Community (SADC) attempts to establish a firm legal foundation upon which to guide access, use and management across the region's shared river basins. |
Subject(s)
Customary international law; Equitable and reasonable utilisation; International water law; Lake Malawi/Niassa/Nyasa; Malawi; Mozambique; Southern Africa; Tanzania; The duty to prevent the causing of significant harm; Transboundary water law; UN convention on the law of non-navigational uses of international watercourses; Zambezi river basin |
Language
en |
Relation
https://edepot.wur.nl/582156 |
Type of publication
Article/Letter to editor |
Format
text/html |
Source
International Environmental Agreements: Politics, Law and Economics (2022); ISSN: 1567-9764 |
Rights
Wageningen University & Research |
Identifier
10.1007/s10784-022-09585-4 |
Repository
Wageningen - University of Wageningen
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Added to C-A: 2022-12-05;09:08:20 |
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