Utilization of shared international freshwater resources – the meaning and role of “equity” in international water law

Abstract

The principle of equitable and reasonable utilization is the predominant normative rule of international law relating to the utilization of international water resources. Hence, allocation of state rights in the use of an international watercourse has long been based on the somewhat nebulous concept of equity. This article investigates the meaning and role of equity. It argues that one reason for confusion about equity in international water law is that it has historically been invoked in relation to a number of different roles, ranging from that of a substantive rule of water apportionment to that of ensuring procedural fairness.

Keywords:

• equity
• equitable
• reasonable
• utilization
• proportionality