Kohen, Marcelo; Tignino, Mara --- "Do people have rights in boundaries’ delimitations?" [2013] ELECD 292; in Boisson de Chazournes, Laurence; Leb, Christina; Tignino, Mara (eds), "International Law and Freshwater" (Edward Elgar Publishing, 2013) 95

Book Title: International Law and Freshwater

Editor(s): Boisson de Chazournes, Laurence; Leb, Christina; Tignino, Mara

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781781005088

Section: Chapter 6

Section Title: Do people have rights in boundaries’ delimitations?

Author(s): Kohen, Marcelo; Tignino, Mara

Number of pages: 28

Abstract/Description:

Rivers and lakes have historically provided a clear and obvious geographical feature by which to mark the boundary between the territories of two or more States. They typically constitute so-called “natural boundaries.” At the same time, the use of waterways as territorial boundaries raises complexities not attached to many land-based or even maritime boundaries. River or lake boundaries are mainly created by consent of the bordering States and expressed either in treaty or in arbitral awards and judgments. Unlike geometric limits, however, reliance on international rivers and lakes can lack precision and involve difficulties in implementing technical standards, giving rise to divergent views from riparian States even after boundaries have been ostensibly “determined.” Moreover, human intervention and natural phenomena can contribute to the ongoing transformation of the underlying hydromorphology of international rivers and lakes. Furthermore, boundary delimitation is often complicated by factors particular to water-based boundaries. Shared bodies of water, no less than domestic waters, often have a role in irrigation, transportation, communication, hydropower and fishing, not to mention numerous household and community uses. As a consequence, in the context of disputes surrounding boundaries along or near water sources, States have attached high priority to resource questions going well beyond strictly delimiting the geographical extent of sovereignty. Navigational rights and use and access to shared water resources have all been the basis of claims before international tribunals.