International Water Law: Concepts, Evolution and Development

International freshwaters have provided a source of conflict between states throughout history. Such conflict stems both from the absolute dependence of peoples upon water and the resulting interdependence of co-basin states, and from a measure of uncertainty historically as to the applicable principles of international law in this area. This interdependence stems from the fact that states only exercise effective control temporarily or partially over such waters as they flow through or along their territories and so each co-basin state’s utilization or development of a shared water resource necessarily affects the quantity and quality of water available to lower or neighbouring basin states, or may have other detrimental results (Bruhacs, 1993, p42). This legal uncertainty has resulted primarily from the irreconcilability of various principles, invoked under general international law, which may be applied to the apportionment of quantum share or allocation of uses of shared water resources as between co-basin states. In this area, as in any other, legal uncertainty renders conflict avoidance and resolution problematic.