Reassessing the Draft Articles on the Law of Transboundary Aquifers through the lens of reciprocity

David J. Devlaeminck

International Journal of Water Resources Development, 2021, vol. 37, issue 1, 162-177

Abstract: In spite of groundwater’s growing importance, the 2008 Draft Articles on the Law of Transboundary Aquifers have yet to be fully adopted by the international community. As states contemplate the future of the draft articles, this article aims to reassess them through the lens of the legal principle of reciprocity. To do so, this article provides a framework for the analysis of law via reciprocity, followed by its application to the draft articles. Although this article primarily finds that they follow a reciprocal structure, it also identifies areas to be revisited, including sovereignty and recharge zone states.

Date: 2021
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DOI: 10.1080/07900627.2020.1740082

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