What's in a Name? The Silala Waters and the Applicability of International Watercourse Law
39 Questions of International Law (2017) 5-22
18 Pages Posted: 5 Jun 2017
Date Written: April 1, 2017
Abstract
Several interstate disputes concerning the non-navigational uses of international watercourses have come before the International Court of Justice (ICJ or Court), as well as its predecessor the Permanent Court of International Justice, since its establishment. While these cases have undoubtedly contributed to the development of international watercourse law, a fundamental question that the Court has yet to face is the precise scope of this body of law, ie, the types of watercourses that fall within its purview. The recent case submitted by Chile concerning its dispute with Bolivia over the Silala water system seems to provide the Court with the opportunity to address, for the first time, this unsettled issue.
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