In this book I set myself two objectives. First, I wished to provide answers to a policy-relevant scenario where two countries decide to cooperate in the field of transboundary aquifers. Second, by exploring the scenario just mentioned I aimed to shed light on the extent to which the emerging international law of transboundary aquifers reflects customary international law, with a particular focus on the Draft Articles.
This chapter will explore the relevant international legal instruments available for the two countries in their plea to manage a specific transboundary aquifer and that constitute the emerging international law of transboundary aquifers.
This chapter examines how ethnography represents both an epistemological approach and methodological tool in generating knowledge and understanding about subjects of social research. It highlights a qualitative, grounded and empirical perspective on research that stands in contrast to positive approaches to schemas or normative theories of social life based on the objective nature of ‘truth’. As law forms an integral part of social life how it is constituted, legitimated and interpreted varies under conditions of wider plural legal constellations. The chapter explores these dynamics in a transnational world that gives rise to differing forms of representation and meaning in the production of knowledge to varying effects. In doing so, it raises questions about new forms of engagement, along with the multiple dimensions of power that are at work across time and space that give rise to inequality and social differentiation in all of their numerous manifestations.
This chapter will provide an answer to the final question in the scenario by first analysing the debate on the future format of the Draft Articles. The chapter moves on to discuss the legal nature of the Draft Articles in their current format. The third section of the chapter explores the role of customary international law in the scenario that permeates the book.