Upstream-downstream Issues Sample Clauses

Upstream-downstream Issues. As mentioned above, the core problem in transboundary water issues can be simplified to revolve around the upper riparian country’s wish to use waters within its own borders at free will, and the downstream countries’ desire to receive natural and unaltered water flow over their borders from upstream states. These wishes are obviously not fully compatible, and neither are the principles they have given rise to. The ‘absolute territorial sovereignty principle’ claims that states are free to use the water within their boundaries at free will, regardless of the needs and uses of downstream nations. In this view states do not have any legal responsibility for harm caused to downstream states due to upstream usage.76 The best-known case where this view was expressed is the 1895 Rio Grande case between Mexico and the USA concerning international legal responsibility for injure caused to Mexican farmers by irrigation diversions of water from the Rio Grande in the USA.77 However this doctrine never won international acceptance and does not represent current international law.78 Even so, the initiation of basin-wide programs is highly influenced by the idea of sovereignty, and this can be a major impediment to accomplishing integrated development of international rivers. Consequently many international agreements only refer to certain aspects of water planning, e.g. data collection or they form organisations with a coordinating, rather than an overall planning and management role.79 The first part of principle 2 of the Rio Declaration clearly shows the legacy of the sovereignty approach. It declares that: States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit 72 Xxxxxxxxx, and Xxxxxxxx, 2001, p. 5; Xxxxxxx, 1996, Section IV A; Xxxxxxxx, 1998.
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