Sharing Transboundary Waters - an integrated assessment of equitable entitlement : the Legal Assessment model

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Courtesy of IWA Publishing

More than 40 per cent of the world’s population -- including some of the most poverty stricken -- depend upon water that originates in sources beyond their national borders. How can they be assured access to adequate water supply and sanitation if their State is subject to the activities of other sovereign entities? When a transboundary watercourse State (TWC State) uses more than its “fair” share of water or pollutes the resources located in its territory, what recourse does the adversely affected State (and its citizens) have? What are the rules of international law that govern TWC State actions and who defines and enforces them? How can a TWC State develop a national water strategy in line with its international legal rights and duties?

The principal aim of the Legal Assessment Model (LAM) is to provide a methodology for a TWC State to identify, in a systematic way, the parameters of its legal entitlements and obligations with respect to its shared freshwater resources. The LAM offers the basis for developing a strategy that ensures equitable and reasonable access to freshwater resources for all, especially the most disadvantaged.

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