Part IV Fundamental Rights and Obligations, D Dispute Avoidance and Settlement, 14 Dispute Avoidance and Settlement: Selected Aspects
Stephen C. McCaffrey
- Rivers — Private international law
This concluding chapter highlights two propositions concerning the avoidance and settlement of disputes, specifically in the field of international watercourses. The first proposition is that it is believed desirable that problems relating to international watercourses be resolved on the private level, through courts and administrative bodies, insofar as possible and appropriate. Private dispute resolution will usually bring relief to the individuals concerned more expeditiously than diplomatic procedures and will tend to keep disputes from becoming overblown and unnecessarily politicized. The second proposition concerns the use of expert bodies for fact-finding and resolution of disputes. The proposition is that differences and disputes can often be avoided and resolved on a non-political level through joint technical bodies, and that states sharing international watercourses should therefore make provision for the use of such entities.