Edited by Stephen C. McCaffrey, Christina Leb and Riley T. Denoon
Chapter 28: A panoptic view of international water law in Latin America
From the 19th century onwards, Latin American countries adopted a number of multilateral and bilateral instruments dealing with the uses and management of internationally shared water courses, building a customary and conventional body of principles which should govern the uses of international rivers. These comprise the principles of no-harm and consensus for water uses as well as the principles of equitable and reasonable utilization, information and negotiation together with the responsibility for water pollution. This chapter makes a comprehensive review of these instruments, analysing the initiatives of the Organization of American States (OAS), the adoption of multilateral agreements regarding the Amazon and La Plata River basins, the bilateral treaties binding, e.g., the USA and Mexico, Nicaragua and Costa Rica, Ecuador and Peru, Argentina and Chile, Brazil and Uruguay, addressing both surface waters and aquifers. It also addresses disputes over their implementation and relevant case law of the International Court of Justice adjudicating Latin American freshwater disputes.
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