The Principle of Equitable and Reasonable Utilization in the Law of Transboundary Watercourses

Abstract

In view of the variance of substantive norms existing in the law of transboundary watercourses, which may also be categorized according to their importance, the author of the present work analyzes the principle of equitable and reasonable utilization of transboundary watercourses which as such stands to be the most progressive and fundamental principle on the basis of which the rest of the substantive norms of this particular sphere operate.The principle under discussion rests midway between the two competing doctrines of the law of transboundary watercourses: the absolute territorial sovereignty and absolute territorial integrity. Historically, when the rule of equitable and reasonable utilization was formulated, the corpus of international environmental law was premised upon concerns that were either completely unknown or of peripheral importance or contradictory inter se. The principle of equitable and reasonable utilization was thus formulated to reconcile many of those concerns and establish a new reality in the sphere under consideration.