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Anchoring water diplomacy - The legal nature of international river basin organizations

Auteur
Schmeier S., Shubber Z.
Périodique/Collection
Journal of Hydrology | No. 567; p. 114-120
Date
2018
Source
IUCN (ID: ANA-094253)
Éditeur | Lieu de publication
Elsevier B.V. (Elsevier ScienceDirect) | Amsterdam, The Netherlands
ISSN
0022-1694
Type du document
Article en publication périodique
Langue
Anglais
Champ d'application
International
Sujet
Eau
Mot clé
Gestion des resources en eau douce Institution de bassin
Résumé

Water diplomacy needs institutional anchoring. International River Basin Organizations (RBOs) – being the result of diplomatic efforts by riparian states intending to create a framework for cooperation between themselves over shared water bodies – can provide such institutional anchors. RBOs ensure that agreements to cooperate are turned into a long-term commitment by riparian states to jointly manage shared water resources and, in turn, foster mutually beneficial cooperation over time. RBOs have been the subject of detailed examinations of their conceptual core, of their manifold functions, of their effectiveness in achieving their goals and so forth. However, the legal nature of these entities has so far received limited attention notwithstanding its significance in empowering RBOs to act as institutional anchors for water diplomacy. Legitimate questions arise, for instance, in relation to their legal personality, or lack thereof, or to matters such as immunities and privileges. This paper will review key legal aspects of RBOs and illustrate them with examples. A sound understanding of such issues is crucial to supporting fruitful discussions between state members about the legal design of an RBO in order to fulfill their particular needs in the context of water diplomacy.

DOI
https://dx.doi.org/10.1016/j.jhydrol.2018.09.054