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International law principles in respect of the utilization of common water resources : the Lesotho Highlands Water Project

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dc.contributor.author Le Roux R en
dc.date.accessioned 2016-09-22T08:37:30Z
dc.date.available 2016-09-22T08:37:30Z
dc.date.created 1988 en
dc.date.submitted 1989 en
dc.identifier.uri http://hdl.handle.net/20.500.11892/35198
dc.description.abstract The purpose of this thesis is firstly to determine how international law regulates the utilization of water resources by States and secondly, with the above in mind, to evaluate the Lesotho Highlands Water Project. It was originally accepted that only States directly in contact with an existing water source are entitled to its utilization. It was however, realised that although a specific source is located outside the territory of a State, other sources or run-off in that State could contribute to the extent of that source. Consequently, concepts developed which are more comprehensive than the riparian State concept and which therefore would involve more States in the use of water resources. The basin and system States are the most widely recognised in this regard. The International Law Association and the International Law Commission of the United Nations played key roles in this regard. Concerning the sharing of water, equitable utilization is widely acceptable. Equitable utilization is defined with reference to a variety of physical and non-physical factors which could vary depending on the circumstances. In spite of the support enjoyed by this approach, some believe that modern demands require water to be used optimally rather than equitably. The Lesotho Highlands Water Project is an example of an instance where the above would apply. This is so by reason of treaty and is not due to the application of general international law principles. Finally, it cannot be denied that the developments in international water law are directly married to technological advances and the incredible population explosion and in future, it will have to be flexible enough to continually adapt to these factors. en
dc.language English en
dc.subject Law en
dc.subject Private international law en
dc.title International law principles in respect of the utilization of common water resources : the Lesotho Highlands Water Project en
dc.type Masters degree en
dc.description.degree LL M en

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