Downstream riparians can also harm upstream riparians: the concept of foreclosure of future uses

Abstract

It is commonly believed that only upstream riparians can harm downstream riparians by affecting the quantity or quality of water flow to them.  It is not generally realized that downstream riparians can also harm upstream riparians by foreclosing their future uses of water through the prior use of, and the claiming of rights to such water. This article analyzes the concept of foreclosure of future uses, and concludes that cooperation between riparian states can adequately address the concerns and interests of all riparians.

Keywords:

• Danube River
• foreclosure of future uses
• international water law
• Nile River
• riparian states
• the World Bank