The legal framework provided by the Equitable and Reasonable Utilization Principle for the establishment of climate change-proof transboundary water management agreements between co-riparian States

Abstract

This paper explores the legal framework brought forward by the Equitable and Reasonable Utilization Principle (ERUP) over transboundary waters and questions its relevance to the establishment of agreements between riparian States that are resilient to climate change and its related upcoming challenges.

By investigating major legal texts in international water law, this thesis describes the content of the principle, composed of three core elements that are the no-harm principle, the cooperation principle, and the protection of the environment. It concludes that the ERUP is favorable to the establishment of climate change-proof agreements, whose main features are their stability, efficiency, and flexibility, especially through the development of joint water management bodies. However, it supposes the partial delegation of States’ sovereignty over water resources, which they are reluctant to do.