Utilization of shared international freshwater resources a the meaning and role of aequitya in international water law

The principle of equitable and reasonable utilization is the predominant normative rule of international law relating to the utilization of international water resources. Hence, allocation of state rights in the use of an international watercourse has long been based on the somewhat nebulous concept...

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Bibliographic Details
Published inWater international Vol. 38; no. 2; pp. 112 - 129
Main Author McIntyre, Owen
Format Journal Article
LanguageEnglish
Published 01.01.2013
Subjects
Allocations
Confusion
Freshwaters
International law
International waters
Law
Utilization
Watercourses
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Summary:The principle of equitable and reasonable utilization is the predominant normative rule of international law relating to the utilization of international water resources. Hence, allocation of state rights in the use of an international watercourse has long been based on the somewhat nebulous concept of equity. This article investigates the meaning and role of equity. It argues that one reason for confusion about equity in international water law is that it has historically been invoked in relation to a number of different roles, ranging from that of a substantive rule of water apportionment to that of ensuring procedural fairness.
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ISSN:0250-8060
1941-1707
DOI:10.1080/02508060.2013.779199