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Critically Analyse How International Law Reconciles Competing Claims over Transboundary Freshwaters

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Critically Analyse How International Law Reconciles Competing Claims over Transboundary Freshwaters
Group 4: Critically analyse how international law reconciles competing claims over transboundary freshwaters

1. Why reconciling disputes over international Watercourses is important
This paper will examine how international law reconciles competing claims over transboundary freshwaters, focusing on the 1997 UN Watercourse Convention.

A pressing issue for the next generations to come will be the management of the worlds limited freshwater resources. A huge number of these freshwater resources are found in transboundary rivers and lakes. That is why the rules that allocate these resources and settle disputes over them are of the utmost importance.

The availability of freshwater has decreased because of different factors such as environmental degradation and overexploitation, increasing agricultural and industrial demand and population growth. About 2.3 billion people live in river basins that are under water stress today and approx. 1.7 billion people suffer from water shortage. By 2025 2.4 billion people will suffer from severe water distress. This means that half of the world’s population will not have enough freshwater or will not have access to freshwater.

To understand the importance of international rules allocating freshwater resources and the cooperation of states over transboundary water sources, one must consider that there are more than 260 international river basins which are shared by more than 144 countries and an great number of international aquifers (underground layer of water -bearing permeable rock or unconsolidated materials from which ground water can be extracted).

Failure to reconcile competing claims over transboundary freshwaters between two or more states may lead to serious economic, social and environmental problems, the most basic one being people not having enough water to drink.

2. International water law and it’s principles
What is the existing legal framework that governs transboundary fresh water



References: Wouters Patricia “The Role of International Water Law in Promoting Sustainable Development”, 12 Water Law (2001)281-283 (with A. Rieu-Clarke), (cit. Wouters 2001). Beyerlin Ulrich International Environmental Law, 2011, (cit. Beyerlin/Marauhn). [ 7 ]. 1997 UN Watercourse Convention, Article 5. [ 9 ]. 1997 UN Watercourse Convention, Article 6. [ 10 ]. 1997 UN Watercourse Convention, Article 7. [ 12 ]. 1997 UN Watercourse Convention, Article 12. [ 13 ]. 1997 UN Watercourse Convention, Article 33.

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