A framework for the assessment of alternative uses in international water law

Abstract

In establishing an equitable and reasonable use of a transboundary watercourse, States are to take into consideration a variety of factors, including the availability of alternative uses. This article seeks to provide a framework for assessing such alternative uses by first exploring treaty practice and relevant cases across the fields of international environmental law and international water law. Three key components are identified: comparable feasibility, practicality and cost‐effectiveness of alternatives. These components are then explored through a case study of Central Asian transboundary waters. The results demonstrate that the use of alternatives after analysing key components would help reduce the hidden cost of low efficiency and assist in finding optimal water use solutions in transboundary water cooperation.