Water is becoming increasingly scarce due to population growth, economic development and climate change. Unequal geographic distribution of freshwater resources puts populations in certain States and regions at particular risk. No longer are individuals living in these areas in the position to satisfy their vital water needs on their own. Legal development has been responding to this human vulnerability. The human right to water is receiving increasing recognition in national legislations and international instruments. Along with growing recognition of the right comes the identification of clear legal contours of State obligations with respect to water availability, access and supply, as well as with respect to protection of these individual water rights. Questions remain however as to whether there exist obligations between States to overcome the imbalance in geographic water distribution. Are "water-rich" States under any obligation to provide the resource to "water-poor" States? What would be the content and the nature of these obligations? These questions are explored here with respect to international cooperation obligations under human rights law as well as with respect to the law of transboundary water resources.
Analyzing the dynamics of international cooperation, this article describes the role of international law in the process. It illustrates that international law is a tool to achieve mutually beneficial relations and can be a driver for cooperation. Describing how these dynamics apply in the context of cooperation on transboundary rivers, the article traces the emergence of the general duty to cooperate in international water law as a legal response to the interdependence and coordination requirements in the management and development of shared water resources.
Climate change, population growth and the increasing demand for water are all capable of leading to disputes over transboundary water systems. Dealing with these challenges will require the enhancing of adaptive capacity, the improving of the quality of water-resources management and a reduction in the risk of conflict between riparian states. Such changes can only be brought about through significant international cooperation. Christina Leb's analysis of the duty to cooperate and the related rights and obligations highlights the interlinkages between this duty and the principles of equitable and reasonable utilisation and the prevention of transboundary harm. In doing so, she considers the law applicable to both international watercourses and transboundary aquifers, and explores the complementarities and interaction between the rules of international water law and the related obligations of climate change and human rights law.
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