‘Limited sovereignty’ or ‘community of interests’? A review of the Indus Water Kishenganga Awards

ABSTRACT

To demonstrate the applicability of ‘limited sovereignty’ and ‘community of interests’, I look into their essential differences, connections and relations to the principle of no harm and prevention, and further present the requirements of these theories and their interactions through the Indus Water Kishenganga case, concluding that the award is an impaired ‘community of interests’. Suggestions are given that courts should make a decision based on the situations of the states involved, the requirements of the treaty, and the principles of international law to achieve a balance of interest and joint development in watercourse management.

KEYWORDS:

• Limited sovereignty
• community of interests
• no harm and prevention
• equitable and reasonable utilization
• Indus Water Kishenganga Awards

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Funding

The author reported that there is no funding associated with the work featured in this article.