Year: 2003
Type: article
Abstract: At present the existence of a rule requiring public participation in the law of international watercourses is unclear. Whilst States are party to an increasing number of international agreements, their practice is also influenced by non-binding sources of law. To date, no study has been undertaken to determine such a rule with respect to all recognised sources of international law. This study examines sources of international law recognised in the Statute of the International Court of Justice. Whilst no rule requiring public participation in the law of international watercourses can presently be recognised, it is shown that a rule may crystallize in the future as changes in State practice contribute to the sources of international law and offer a substantive basis upon which to define a general principle of law. Further analysis of subsidiary sources of non-binding law shows that whilst the international community is suggesting that the recognition of a range of different public entities is required to enable effective public participation, binding sources of law for the present only recognize the public as a homogeneous single entity. This is hypothesized to be a key factor preventing State practice from crystallizing public participation as a rule of the law of international watercourses. The means to identify key indicators of change in State practice are identified, which will enable the emergence of a new rule to be monitored; a present course of action is suggested for States seeking to promote public participation in international watercourse management.
Author: Woodhouse, Melvin
Institution: University of Dundee
Language: English
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W2206148030