Part IV Fundamental Rights and Obligations, B Procedural Obligations, 12 Procedural Obligations
Stephen C. McCaffrey
- Freshwater — International co-operation — International criminal law, conduct of proceedings — Lakes — Rivers
This chapter addresses the procedural obligations relating to international watercourses. Even some of the most important “substantive” obligations have procedural components or aspects. This and the development of the procedural obligations themselves are no doubt due to the fact that international watercourses bind states together and require cooperation for their equitable and sustainable utilization as well as for their protection. Even if unilateral actions with regard to shared water resources do not produce a “tragedy of the commons,” they can easily lead to disputes, which may not be resolved easily if a use has become entrenched. This is perhaps why states in their practice have found it to be to their advantage to cooperate with their co-riparians with regard to the use and protection of their shared water resources. The benefits of, even the need for, such cooperation has also been recognized by international tribunals and by learned societies.