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Boundaries of benefit sharing: interpretation and application of substantive rules in the Lake Malawi/Niassa/Nyasa sub-basin of the Zambezi Watercourse

Author

Listed:
  • Joanna Fatch

    (Deutsche Gesellschaft für Internationale Zusammenarbeit GmbH)

  • Alex Bolding

    (Wageningen University & Research)

  • Larry A. Swatuk

    (University of Waterloo
    University of the Western Cape)

Abstract

The primacy of state sovereignty in transboundary water resources management raises questions regarding how riparian states determine “who gets what, where, and why” in a shared watercourse. To facilitate peaceful coexistence, substantive rules—“equitable and reasonable utilisation (ERU)” and “the duty to prevent the causing of significant harm”—define rights and responsibilities of riparian states in the utilisation of shared watercourses. The duty of riparian states to cooperate, as a principle of international law, plays an important part in realising these substantive rules. This article critically reflects on the principles underlying transboundary water management by focusing on the interpretation and application of substantive rules in the Lake Malawi/Niassa/Nyasa sub-basin of the Zambezi River Basin in Southern Africa. The case study demonstrates how interpretation and application of international water law are generally in line with customary practices, but are subject to highly localised decision contexts which challenge Southern African Development Community (SADC) attempts to establish a firm legal foundation upon which to guide access, use and management across the region’s shared river basins.

Suggested Citation

  • Joanna Fatch & Alex Bolding & Larry A. Swatuk, 2023. "Boundaries of benefit sharing: interpretation and application of substantive rules in the Lake Malawi/Niassa/Nyasa sub-basin of the Zambezi Watercourse," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 23(1), pages 77-97, March.
    • Handle: RePEc:spr:ieaple:v:23:y:2023:i:1:d:10.1007_s10784-022-09585-4
    DOI: 10.1007/s10784-022-09585-4
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    References listed on IDEAS

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    1. Owen McIntyre, 2020. "The current state of development of the no significant harm principle: How far have we come?," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 20(4), pages 601-618, December.
    2. Attila M. Tanzi, 2020. "The inter-relationship between no harm, equitable and reasonable utilisation and cooperation under international water law," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 20(4), pages 619-629, December.
    3. Bruce Lankford, 2013. "Does Article 6 (Factors Relevant to Equitable and Reasonable Utilization) in the UN Watercourses Convention misdirect riparian countries?," Water International, Taylor & Francis Journals, vol. 38(2), pages 130-145, March.
    4. Joyeeta Gupta & Susanne Schmeier, 2020. "Future proofing the principle of no significant harm," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 20(4), pages 731-747, December.
    5. Susanne Schmeier & Joyeeta Gupta, 2020. "The principle of no significant harm in international water law," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 20(4), pages 597-600, December.
    6. Owen McIntyre, 2015. "Benefit-sharing and upstream/downstream cooperation for ecological protection of transboundary waters: opportunities for China as an upstream state," Water International, Taylor & Francis Journals, vol. 40(1), pages 48-70, January.
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